12455.
3. We are not aware that the authorities of the Colony of New South Wales have any specific statutory power of removing the name of the "Magic" from the register of British ships, but there can be no objection to representations being made to them upon the subject; meanwhile we are of opinion that Edmunds should be notified that, in the event of his continuing to use the British Flag, his ship will be seized as for- feited to Her Majesty under section 103 of the Merchant Shipping Act, 1854.
The Right Hon.
Lord Knutsford, G.C.M.G.
We have, &c. (Signed) RICHARD E. WEBSTER.
EDWARD CLARKE,
No. 13.
(SIERRA LEONE.)
LAW OFFICERS to COLONIAL OFFICE.
MY LORD,
Royal Courts of Justice,
June 18, 1892. We were honoured with your Lordship's commands signified in Mr. Bramston's letter of the 17th instant, stating that he was directed by your Lordship to inform us that a question had arisen under the accompanying Ordinance of Sierra Leone (No. 3, 1892) upon which your Lordship would be glad to be favoured with our advice.
That the Ordinance was passed to carry out the clauses of the General Act of the Brussels Conference respecting arms and ammunition, which required that the traffic in those articles should be stopped. That it would be seen that the first section of the Ordinance required that all arms imported into the Colony should be deposited in a public warehouse. That the fourth, fifth, and seventh sections related to the withdrawal or removal of arms from a public warehouse; the eighth section to the marking of arms imported before the commencement of the Ordinance, and the twelfth section to the keeping of arms in a place other than a public warehouse.
That the Governor had inquired by telegraph whether the fourth section of the Ordinance retrospectively prevented the withdrawal of arms and ammunition in bond. That it was not quite clear whether those arms were, at the commencement of the Ordinance, and were now, in the ordinary bonded store, or whether they were in a bonded store which bad since been proclaimed a public warehouse under the Ordinance. That your Lordship was informed by the Customs that, in England, goods when placed in bond were held to be imported. That it would, therefore, seem that the arms at Sierra Leone might be taken to have been imported before the passing of the Ordinance, but that it was suggested that the first section applied to arms whether imported before or after its passing, and further that if arms were in a bonded store, which by reason of a subsequent proclamation became a public warehouse, they could not be withdrawn therefrom, and were subject to the provisions of the Ordinance even though they were not deposited under section I.
That Mr. Bramston was accordingly to request that we would take the Ordinance into our consideration and oblige your Lordship with our opinion
1. Whether arms which were lying in bond at the commencement of the Ordinance were subject to any, and to which, of its provisions ?
2. Whether the question would be affected by the fact that they were in a bonded store which had subsequently been proclaimed a public warehouse under the Ordinance? That Mr. Bramston was also to request that we would favour your Lordship with our opinion generally on the subject.
We have taken the matter into our consideration, and, in obedience to your Lordship's, commands, have the honour to
Report
That we are of opinion that the Ordinance only applies to arms which have been imported into the Colony, or placed in a public warehouse, subsequently to the promul- gation of the Ordinance of the 26th March 1892,
The Right Hon. Lord Knutsford, G.C.M.G.
&c. &c.
&c.
We havo, &c.
(Signed)
RICHARD E. WEBSTER.
EDWARD CLARKE,
"
70451,-15.
25.-6 12.
C.O.
Reference :-
885
14 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO