2
E
We also think that even if Italy was not scheduled as infected the sanitary authorities were probably justified under the 16th section of the Ordinance of 1879 respecting quarantine.
Unless the law of Cyprus differs in this respect from the English law the Cyprian Government would in no case be liable for the damage suffered by the Italians.
We have, &c.
The Most Hon. the Marquess of Ripon, K.G.
&c.
&c.
&c.
(Signed)
C. RUSSELL. JOHN RIGBY.
17066.
•
C.O.885
Kéférence :-
14 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
MY LORD,
No. 42A.
(SOUTH AFRICA.)
LAW OFFICERS to FOREIGN OFFICE.
Royal Courts of Justice, September 19, 1893. We were favoured with your Lordship's commands signified in Sir Thomas Sanderson's letter of the 25th ultimo, stating that, with reference to our letter of the 25th April last, he was directed to transmit to us a translation of a note from the German Ambassador, submitting certain modifications desired by the German Govern- ment in the counter-draft of the proposed Convention for the extension of the Extradition Treaty of the 14th May 1872 to German Protectorates.
That Count Hatzfeldt's note had been referred to the Colonial Office, Home Office, and India Office, and that Sir Thomas Sanderson was to enclose the replies received from those Departments.
That the amendments suggested by the German Government under the headings marked 1, 2, and 3 in Count Hatzfeldt's note appeared to be improvements in the wording of the Convention, and that your Lordship proposed to inform his Excellency that they were accepted by Her Majesty's Government.
That a difficulty had, however, arisen with regard to the suggestion as to the authentication of documents in cases where the extradition was arranged directly between the authorities of a German Dependency and a British Colony-section 15 of The Extradition Act, 1870" requiring the papers to be "authenticated by the oath of some witness, or by being sealed with the official seal of the Minister of Justice or some other Minister of State."
That in the case now under consideration the most convenient arrangement would be to make the seal of the Governor of the Colony or Dependency a sufficient authentication, but that your Lordship had some doubt whether the words "Minister of State" in section 15 of the Extradition Act were wide enough to include the Governor of a Colony.
That your Lordship requested to be favoured with our opinion on this point, and at the same time to be furnished with any general observations which we might wish to offer on the subject.
We have taken the matter into our consideration, and, in obedience to your Lord- ship's commands, have the honour to
Report-
"
Minister
That, in our opinion, it cannot with safety be assumed that the words of State" in section 15 of the Extradition Act, or the corresponding words in Article XI. of the Treaty of 1872, would include the Governor of a British Colony. Germany can, however, treat as valid any documents authenticated by the Governor of any British Colony or Dependency if there is no law in Germany making that illegal, and although, having regard to the terms of the Extradition Act, it would not be safe for Her Majesty by Treaty to undertake to accept any authentication not prescribed by section 12, yet the words " Minister of State are to be interpreted with regard to the position of things not in Her Majesty's dominions, but in the foreign State referred to, and we think it would be proper to receive any authentication by a high officer having an official seal. We observe, however, that the documents may be authenticated by the oath of a witness, and we think this would include an affidavit, and if such an affidavit were made according to German law, and authenticated by the Governor or other chief officer of the German Dependency, we think that it might safely be accepted.
We think that no attempt should be made to alter the Treaty in this respect.
We have, &c. (Signed) C. RUSSELL.
JOHN RIGBY,
O 74772.-29. 25,-10/93.
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List of Papers.