2
office of the vice-consul at Las Palmas instead of at the consulate of Captain Harford at Santa Cruz; and, inasmuch as a grave question [exists ?] as to the validity of the marriage, we are of opinion that the parties should be advised to be legally married without delay.
The Most Hon. The Marquis of Salisbury, K.G., ·
&c.
&c.
&c.
We are, &c.
(Signed)
RICHARD E. WEBSTER. EDWARD CLARKE,
2420.
·
Mr. LORD,
No. 3. (QUEENSLAND.)
LAW OFFICERS to COLONIAL OFFICE.
Royal Courts of Justice, February 6, 1892. We were honoured with your Lordship's commands signified in Mr. Bramstor's letter of the 1st ultimo stating that he was directed by your Lordship to acknowledge the receipt of our report of the 7th December last* respecting the legal position as to discipline of the officers and men of the "Gayundah" so long as the vessel was at the disposal of Her Majesty under section 6 of the Colonial Naval Defence Act, 1865.
But that your Lordship had since been informed by the Lords Commissioners of the Admiralty that the "Gayundah" " 'would, from the date of her being put in reserve, cease to be at Her Majesty's disposal, or part of the Australian squadron, and consequently her status as a vessel of war of the Royal Navy would lapse.”
"
That, under those circumstances, a question arose as to whether the Naval Discipline Act would apply to the officers and men of the vessel, in the event of her being sent to sea in the manner described by Sir S. Griffith in the second and third paragraphs of the letter of the 24th August 1891, and that that seemed to be the point on which the Colonial Government desired our assistance, as Sir S. Griffith, in his letter of the 19th September, appeared to regard it as open to some doubt.
That the Colonial Naval Defence Act, 1865, section 3 (7), gave to the Colonial Legis- lature
power to apply the Naval Discipline Act and similar enactments to the officers and crew of the " Gayundah."
•
was one.
That the Queensland Legislature had passed the Defence Act of 1884, and that Mr. Bramston was to refer to sections 7, 8, 27, and 61 of that Act, which appeared to make the members of the active marine force subject to the Naval Discipline Act and similar enactments. That Her Majesty by Order in Council of the 24th June 1885 had approved the maintenance and user of certain armed vessels of which the "Gayundah
That the question consequently appeared to be (1) whether the permanent staff detailed in paragraph 2 of Sir S. Griffith's letter of 24th August 1891 were, while in harbour, to be regarded, under the above quoted sections, as part of the active marine force and subject to the Naval Discipline Act; (2) whether, when the "Gayundah" was manned by officers and men of the Naval Brigade, or Naval Volunteer Corps, as mentioned by Sir S. Griffith in paragraph 3 of his letter, such officers and men and the permanent staff would be subject to the Naval Discipline Act when the vessel was (a) within, or (b) beyond, territorial waters.
That Mr. Bramston was accordingly to ask us to be good enough to favour your Lord- ship with our opinion upon those points, and with any observations which might assist your Lordship upoh the subject generally.
4
We have taken the matter into our consideration, and, in obedience to your Lordship's commands, have the honour to
Report-
(1.) That in our opinion, for any period during which the ship is not at the disposal of Her Majesty, ber officers and men will only be subject to the Naval Discipline Act when they are (a) persons belonging to the permanent force under section 27 of the Queensland Defence Act, 1884; or (b) persons belonging to the defence force who bave been called out for active service under the provisions of sections 46, 55, or 57.
(2.) Our previous answer applies whether the vessel be within or without territorial
We have, &c. (Signed)
waters.
The Right Hon. Lord Knutsford, G.M.C.G.,
RICHARD E. WEBSTER. EDWARD CLARKE.
&c.
&c.
0 70451,-1.
25.-2/92.
&c.
• No. 230 in Vol. IV.
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