9174.
PUBLIC RECORD OFFICE
CO.
Reference :-
885
12 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
No. 228.
(JAMAICA.)
LAW OFFICERS to COLONIAL OFFICE.
MY LORD,
We are honoured with your Lordship's commands, signified in Mr. Wingfield's
Temple, 17th June 1880. letter of the 8th instant, stating that he was directed by your Lordship to transmit for our consideration—
(1.) Copy of a despatch with its enclosures from the Governor of Jamaica, dated the 7th of September 1877, reporting the arrival at the port of Kingston of tho Schooner" Florence" in distress, in the course of her voyage ostensibly to St. Thomas with a cargo of arms and ammunition; and his refusal, under the advice of the Attorney-General of the Colony, to permit the exportation of a portion of the cargo which had been landed in pursuance of the port regulations, or to permit the exportation of the portion of the cargo which remained on board until security had been given by the owners for its being landed at St. Thomas.
(2.) Copy of a despatch from the Governor dated the 19th of July 1878, enclosing No. 145, copies of the pleadings in two actions brought against himself and the 19 July Collector of Customs by the charterer of the Florence," the first for the 1879. detention of the vessel and cargo of the ammunition which was landed, with a memorandum of the Attorney-General advising an appeal to the Privy Council from the decision of the Supreme Court allowing the demurrers of the plaintiffs to the Governor's pleas in each of the actions, which appeal was accordingly brought, and was dismissed (as reported in Law Reports, 5 Appeal Cases, p. 102).
(3.) Copy of despatch from the Lieutenant Governor of Jamaica, dated the 12th of No. 120, May 1880, enclosing a copy of a letter from the present Attorney-General of 12 May the Colony, which he expresses his opinion to the effect that the proceedings 1880.
were illegal, and that it would
of the Governor in reference to the "Florence
be advisable to try to settle the actions, but recommends that the question be referred to the Secretary of State, as being a matter in which the Imperial Government would presumably consider themselves interested.
Mr. Wingfield was also to enclose for reference copies of the following laws of the Colony :-
25 Vict. c. 23., which empowers the Governor by proclamation to prohibit the
exportation of arms and ammunition.
Law 23 of 1873 for giving effect to the prohibitions contained in proclamations
under the first-mentioned law..
Law 17 of 1871, authorising the Governor to permit the export, subject to such
conditions as he may think fit, of articles the export of which is prohibited by 1stEnclosur proclamation under the first-mentioned law, and also a copy of the proclamation in No. 120, issued in 1869 under the first-mentioned law.
12 May.
That he was to request that we would favour your Lordship with our opinion upon
the points raised by Mr. Hocking, and would advise your Lordship,—
(1.) Whether upon the case, as it appears from the enclosed papers, the defendants
to the actions above referred to have a good defence under the Colonial Act.
25 Vict. c. 23. and the proclamation thereunder, or otherwise, to those actions, or either of them.
(2.) Whether any amendment of the Act 25 Vict. c. 23. is desirable.
(3.) Whether the existing proclamation is in accordance with that Act or whether
a new proclamation should be issued.
In obedience to your Lordship's commands we have the honour to
Report
1. That we are of opinion that, as regards the action of Pulido v. Musgrave at all events, the defendants have not, on the case appearing from the papers before us, a
▲ 12916.-285. 25.-19/84.