€298.
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PUBLIC RECORD OFFICE
C.O.
Reference :-
885
13 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
That it was also pointed out in the Colonial Office letter of the 2nd August that practical difficulties were likely to arise in the application of the provisions of "The British Settlements Act, 1887," to those islands, and that it was suggested for our consideration and report whether they might not possibly be overcome by the issue of an Order in Council conferring jurisdiction generally upon the Courts of all the Colonies of Australasia in respect of offences committed on those islands, and thus rendering the offender justiciable wherever he might be found,
That Sir T. V. Lister was further to inquire whether, in our opinion, the fact that an applicant for a license had previously mortgaged his property and interest in the island in question should be regarded as an objection to the issue of the license; and that in connexion with that inquiry he was to call our attention to the circumstance that there was in the licence a recital on the part of the licensee that no other person had, or claimed to have, on the ground of prior discovery, or otherwise, any right or interest to or in the said island, and a covenant that the licensee would not assign the license, or any interest therein, without first obtaining the consent of the Secretary of State for the Colonies, or of the Governor of New South Wales.
That the papers which accompanied the reference from your Lordship's Department to ourselves of the 3rd March last were enclosed for convenience of reference.
That Sir T. V. Lister was to request that we would take the Colonial Office letter of the 2nd August, and the several draft instruments and other papers transmitted with his letter, into our consideration, and that we would favour your Lordship with our opinion on the various questions involved, and with any observations which we might have to offer generally upon the matter.
In obedience to your Lordship's commands we have the honour to
Report
That in our opinion it is advisable that, in the event of Letters Patent being issued authorising licenses as to islands not already within the dominions of the Crown, such Letters Patent should be issued separately, and by the Foreign Office.
We see no objection to the supersession of the High Commissioner in respect of the issuing of these licenses.
The recitals contained in the forms of license are appropriate, and should not be omitted. It may be important to have a clear statement of the conditions upon which a license has been granted.
We are of opinion that an Order in Council may properly be issued, conferring general jurisdiction upon the Courts of the Australasian Colonies in respect of offences committed in the islands adjacent thereto.
We are of opinion that no license should be granted when the applicant has previously mortgaged his holding and interest in the island. Such a case is, in our judgment, properly excluded by the language of the second paragraph of the license B." We note that in this indenture the marginal titles are misplaced, and we have made the necessary correction. There is, moreover, an important matter which arises upon the third covenant on the part of the licensee. As framed it might permit enforced labour and punishment, unless the Secretary of State had made an express prohibition; this clause must be altered. We should propose simply to excise the words struck through in black ink so as to make the prohibition absolute, but if there are likely to be any cases in which regulations as to labour may have to be made the words underlined in rod ink can be inserted, but the prudence of inserting them must be carefully considered. Subject to this alteration, and the addition to the clause dealing with the termination of the license, we approve the forms submitted for our consideration.
We have, &c., (Signed)
RICHARD E. WEBSTER.
EDWARD CLARKE.
No. 145.
(GENERAL.)
LAW OFFICERS to COLONIAL OFFICE.
MY LORD,
Royal Courts of Justice, WE were honoured with your Lordship's commands signified in Mr. Bramston's
March 28, 1889. letter of the 19th instant, stating that he was directed by your Lordship to transmit to us a copy of a Circular Despatch dated the 9th of Aprii last relative to provision for prohibiting the exportation of certain warlike articles, of which a list was enclosed in the Circular Despatch.
That in certain Colonies laws had been passed scheduling those articles, and providing for the prohibition of their exportation when necessary. Colonies enactments were in operation similar to section 138 of the Imperial Customs That in other Act of 1876 and section 8 of the Customs Act of 1879, which since our Report to the Foreign Office of the 22nd July 1887 had been regarded as covering the articles enumerated in the list D enclosed in the Circular Despatch; but that in neither case had express provision been made for prohibiting the exportation of coal, and that a doubt had arisen as to whether either class of enactment was sufficient for that purpose.
B
11
That Mr. Bramston was accordingly to request that we would favour your Lordship with our opinion whether the expression military and naval stores list enclosed in the Circular Despatch), and the provisions referred to of the limperial (No. 4 in the Custoins Acts, might generally be held to cover coal, or whether, if it was desired to provide for prohibiting the exportation of coal, some further provision should be made. That Mr. Bramston was also to inquire whether in our opinion any other articles were omitted from the list D which might with advantage be included in it, and, in that case, whether such articles would be covered by the language of the Customs Acts. We have taken the matter into our consideration, and, in obedience to your Lord!- ship's commands, have the honour to
14
Report
11
That in our opinion the words "military and naval stores, and any articles which Her Majesty shall judge capable of being converted into, or made useful in increasing the quantity of, military and naval stores,' prohibition by Proclamation, or by Order in Council, of the exportation of coal, coke. are wide enough to authorise the and other fuel, but we think that, these articles should be specifically mentioned in the list appended to any such prohibition.
We also think it desirable that in any amendment of the Customs Acts the power of prohibition should be extended to other articles.
We would suggest the following additions to the list:--
Coal, coke, and fuel of all kinds;
Railway and telegraphic material and stores: Horses;
Petroleum;
but we are not in a position to say that these are all the additions which ought to be made.
We have, &c..
(Signed)
The Right Hon. Lord Knutsford,
&c.
&c.
&c.
▲ 57014-15, 25,-4/80,
RICHARD E. WEBSTER. EDWARD CLARKE.