MY LORD,
No. 76.
(CAPE OF GOOD HOPE.)
LAW OFFICERS to COLONIAL OFFICE.
Lincoln's Inn, 26th October 1875. We are honoured with your Lordship's commands, signified in Sir Julian Pauncefote's letter of the 4th instant, stating that he was directed by your Lordship to transmit to us the enclosed copy of an Act of the Parliament of the Cape of Good Hope, No. 29 of 1874, entitled "An Act further to facilitate the apprehension in this Colony of certain persons who have committed crimes in the Colony of Natal, in the province of Griqualand West, in the Orange Free State, or in the South African Republic."
66
16
That in a despatch, of which an extract was annexed, Sir Julian Pauncefote stated that your Lordship has objected on grounds of policy to the provisions of this Act as far as they apply to the two South African Republics, but a doubt has been raised as to the legal validity of the Act in respect of the neighbouring British Colonies of Natal and Griqualand West, on account of its provisions differing from, and being, therefore, as is suggested, repugnant to, the provisions of the Imperial Statutes 6 & 7 Vict. c. 34. and 16 & 17 Vict. c. 118., which provide for the rendition of offenders between Colony and Colony.
That putting aside the bearing of the Ordinance upon the Orange Free State and South African Republic, two special grounds on which the Cape Act may be held repugnant have been put forward, namely, (1) that it authorises the rendition of persons accused of any offence whatsoever, instead of limiting the rendition to the case of certain offences as is done by the Imperial Acts; and (2) that it enables any judge, magistrate, or justice, to countersign warrants for the apprehension of persons accused, instead of limiting the exercise of this power to a chief justice or judge of a superior
court.
Sir Julian Pauncefote was to request that we would consider this question and report whether the Cape Act No. 29 of 1874, as far as it relates to the Colonies of Natal and Griqualand West is void for repugnancy to Imperial Law upon the grounds stated above or upon any other grounds.
In obedience to your Lordship's commands we have taken these papers into consideration, and have the honour to
Report
That in our opinion the Cape Act No. 29 of 1874, as far as it relates to the Colonies of Natal and Griqualand West, is void for repugnancy to the Act of 6 & 7 Victoria c. 34., as amended by 16 & 17 Victoria c. 118., on the grounds referred to in Sir Julian Pauncefote's letter.
We have, &c.,
The Right Hon. the Earl of Carnarvon,
(Signed)
RICHARD BAGGALLAY. JOHN HOLKER.
&c.
&c.
19916.-76. 25.-19/84.
&c.
PUBLIC RECORD OFFICE
CO.
Reference :-
885
12 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
1
}
11,845.