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written municipal law stands at present, I should not expect to get, if it were disputed, a condemnation in one of our courts of a vessel seized outside the waters for an offence committed within them, not by her directly, but only by her subsidiary boats; and that consequently I should advise the Board of Customs that if they seized such vessel they would run the risk of not being able to substantiate the seizure in court, if it were disputed. Reason no doubt dictates that such a seizure should be sustained, but (subject to the opinion of the Law Officers on this case, which no doubt much touches what would be done in a revenue case), I cannot but say that I should have hesitated to advise it, in the absence of express provision.
In order to prevent misapprehension, I ought perhaps to state that, by an Act passed in last session, 53 and 54 of the Queen, chap. 56, the power of the Customs to absolutely ⚫ forfeit ships for offences against revenue laws is now confined to ships under 250 tons
burden.
December 8, 1880.
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(Signed)
CHARLES J. FOLLETT.
24,413.
No. 197.
(NEW ZEALAND.)
LAW OFFICERS to COLONIAL OFFICE.
MY LORD,
Royal Courts of Justice, We were honoured with your Lordship's commands, signified in Mr. Bramston's
December 15, 1890. letter of the 26th ultimo, stating that he was directed by your Lordship to transmit to us, for our consideration, a copy of a memorandum by the late Premier of New Zealand, written in 1887 on the subject of Mr. W. Webster's claim in respect of land in that Colony, and of a subsequent note from the United States Minister at this court enclosing a memorandum, together with a letter from Sir F. Dillon Bell. formerly a Land Commissioner in New Zealand, and now the Agent General for the Colony, in connection with that claim.
That Mr. Bramston was to request that we would be good enough to favour your Lordship with our advice upon the case generally, and further to inform your Lordship whether we were of opinion that Mr. Webster had any ground for claiming compensation, or whether by waiving his right in the first instance to be treated as an alien, he debarred himself from the right to claim anything beyond what was awarded by the Commissioners under the Colonial Land Claims Act of 1856.
That it would be observed that the present claim to compensation was really made against Her Majesty's Government and not against the colony of New Zealand.
We have taken the papers into our consideration and, in obedience to your Lordship's commands, have the honour to
Report
That, in our opinion, Mr. Webster has no ground whatever for claiming compensation, he having clearly waived his right to be treated as an alien and so debarred himself from the right to claim anything beyond what was awarded by the Commissioners under the Colonial Land Claims Act of 1856.
We have, &c.,
The Right Hon. Lord Knutsford.
(Signed) RICHARD E. WEBSTER.
EDWARD CLARKE.
PUBLIC RECORD OFFICE
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A 61907.-89, 25.-12/90.
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