PUBLIC RECORD OFFICE
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EPLIC.O.
• 885
13 PUBLIC RECORD OFFICE, LONDON
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4. The jurisdiction under Part I. of the Fugitive Offenders Act, 1881, to hear a case and commit a fugitive to prison to await his return may be exercised in the said territories by any person having in the said territories authority to issue a warrant for the apprehension of persons accused of crime and to commit such persons for trial.
Part II.
5. Part II. of the Fugitive Offenders Act, 1881, shall apply to the group herein-after mentioned; that is to say, the British Possessions named in the said Order in Council of the 17th day of November 1888 and theid-territories-within-the-limits of this Order the parts of South Africa bounded by British Bechuanaland, the German Protectorate, the Rivers Chobe and Zambesi, the Portuguese Possessions, and the South African Republic.
R. E. W. E. C.
•
23762.
No. 230.
(QUEENSLAND.)
LAW OFFICERS to COLONIAL OFFICE.
W
MY LORD,
Royal Courts of Justice,
December 7, 1891. We were honoured with your Lordship's commands, signified in Mr. Bramston's letter of the 18th November last, stating that he was directed by your Lordship to transmit for our consideration a copy of a despatch from the Governor of Queensland on` the subject of placing in the reserve the Colonial armed steamship "Gayundah," from which we should see that a question was raised as to the law governing the discipline on board that vessel when on the high seas beyond territorial waters.
That it would appear from section 3 of the Colonial Naval Defence Act, 1865, that, with the approval of Her Majesty in Council, the Colonial Legislature was empowered (sub-section 7) to legislate in the desired direction, and that the question was raised whether the Queensland Defence Act of 1884 was a sufficient exercise of that power. That Mr. Bramston was to call our attention to sections 7, 8, 27, and El of that Act, which would be found at page 87 of the Correspondence Relating to the Formation and Maintenance of a Colonial Naval Force (Australian No. 110).
That
That a point had been raised whether Her Majesty in Council had approved the Queensland Act so as to give legal effect to its provisions, and to bring under the Naval Discipline Act the officers and men who might be on board the " that vessel was on the high seas during the period when she was in the reserve.
'Gayundah," when that Order was printed at page 58 of Australian No. 110, and that at page 59 would be found another Order in Council, of even date, authorising the Admiralty to accept the offer of the Queensland Government to place the vessel at the disposal of the Admiralty under section 6 of the Colonial Naval Defence Act, 1865.
That Mr. Bramston was to request that we would be good enough to consider the papers and favour your Lordship with our opinion :-
1. Whether the Queensland Act above referred to was sufficient to place the officers and men of the "Gayundah" under the Naval Discipline Act, while the ship was in extra-territorial waters during the period when she was in the reserve, assuming that Act had for that purpose met with the approval of Her Majesty in Council.
2. Whether the Order in Council above referred to was a sufficient expression of
the approval of Her Majesty in Council for the above purpose, or 3. Whether a further Order in Council would be required for such purpose. We have taken the papers into our consideration, and, in obedience to ship's commands, have the honour to—
Report
your
Lord-
-
1. That, in our opinion, the effect of sections 3 and 6 of the Colonial Naval Defence Act, 1865, and sections 27 and 61 of the Queensland Defence Act, 1884, is to make the officers and men of the "Gayundah" subject to the Naval Discipline Act, whether the ship is within or without the territorial waters of the Colony, so long as she is "at the disposal of Her Majesty," which appears to us to include the time during which she is in the reserve, but under the command of an officer on the active list of the Royal Navy.
2. The Order in Council is a sufficient expression of the approval of Her Majesty in
Council for the above purpose.
We have, &c.
(Signed)
RICHARD E. WEBSTER.
EDWARD CLARKE.
COPYRIGHT PHOTOGRAPH-NOT TO
The Right Hon. Lord Knutsford,
K 63453.-4.9. 25-12,91.
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PUBLIC RECORD OFFICE
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