13,777.
No. 184.
(NEWFOUNDLAND.)
LAW OFFICERS to COLONIAL OFFICE.
MY LORD,
We were honoured with your Lordship's commands, signified in Mr. Bramston's
Royal Courts of Justice, July 16, 1890. letter of the 8th instant, stating that he was directed by your Lordship to transmit to us copy of a letter from the Admiralty covering a request from Sir Baldwin Walker, commander of Her Majesty's ship " Emerald," for the ratification, as an act of State, by command of superior authority, for closing British lobster factories under the Modus Vivendi," that a copy of the recent "Modus Vivendi" with France was enclosed.
That we were doubtless aware that the Act 5 Geo. IV. cap. 51., which authorised His Majesty to give instructions to Naval officers for the enforcement of Treaties in Newfoundland was continued to December 31st, 1834, by the Act 2 & 3 William IV. cap. 79., and that it then expired and had not since been revived.
That it was understood that Sir Baldwin Walker had given effect to the "Modus Vivendi" by closing a British lobster factory, and that, in the absence of statutory authority, he desired that his action should be ratified as an act of State done by authority of Her Majesty's Government.
That your Lordship had no official information upon the subject, but that it would appear from the statements in the newspapers that Mr. Baird, the owner of the factory, being called upon to close it refused to do so, and that thereupon Sir B. Walker, after giving him notice of his intention, closed it by force. That it was understood that that factory was not in existence on the 1st of July 1889.
That Mr. Bramston was accordingly to inquire (1) whether a document of the nature above mentioned might be sent to Sir Baldwin Walker; (2) in what form it should be couched; and (3) what would be the legal effect as a defence in any legal proceedings that might be taken against that officer, in regard to action already taken, or that he might hereafter feel obliged to take. That the case of Buson v. Denman
(2 Ex. 167) would seem to bear upon the present case.
We have taken the matter into our consideration, and, in obedience to your Lordship's commands, have the honour to
Report
(1.) That we are of opinion that a document ratifying the action of Sir Baldwin Walker in putting in force the provisions of the " Modus Vivendi " to him.
may properly be sent
(2.) The form may be an approval of the action of Sir Baldwin Walker by the Lords Commissioners of the Admiralty.
(3.) The ratification by Her Majesty's Government would be a defence to any proceedings taken against Sir Baldwin Walker in a case falling within the provisions of the arrangement embodied in the " Modus Vivendi."
The Right Hon. Lord Knutsford, G.C.M.G.,
&c. &.
&c.
We have, &c., (Signed) RICHARD E. WEBSTER.
EDWARD CLARKE.
4
61907.-19. 25.-7/90,
PUBLIC RECORD OFFICE
Reference :-
C.O.885
13 PUBLIC RECORD OFFICE, LONDON
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