11782.
No. 64.
(CANADA.)
गय
PUBLIC RECORD OFFICE
Reference :-
C.O.885
14 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO |
LAW OFFICERS to FOREIGN OFFICE.
MY LORD,
Royal Courts of Justice, June 22, 1894. We were honoured with your Lordship's commands, signified in Mr. Bertie's letter of the 9th instant, stating that he was directed by your Lordship to transmit to us the papers noted in the accompanying list* relative to the case of the "Coquitlan,” upon which the then Law Officers reported on the 16th March lastt.
That in view of their opinion that there was reasonable cause why the United States Government should insist upon the owners of the "Coquitlan" proceeding with the appeal, and of the fact that Her Majesty's Government could scarcely compel the owners to prosecute the appear at their own expense, it was felt that some arrangement should be come to by which the owners might be relieved from further personal pecuniary risk with regard to it.
That the views of the Secretary of State for the Colonies were therefore requested on this point.
That the Marquess of Ripon had intimated his willingness, if the Lords Commis- sioners of Her Majesty's Treasury would consent to half the cost of the appeal being borne by the Imporial funds, to urge the Canadian Government to pay the other moiety and that this proposal was submitted to their Lordships in the enclosed letter of the 11th May.
That the Board of Treasury, however, in their letter of the 24th May, demurred to this proposal, and, on grounds which were fully set forth therein, expressed doubt as to the expediency of prosecuting the appeal.
That they suggested that the determination to appeal or not should depend on whether the Law Officers of the Crown held that there was a strong probability of success on the second of the two counts on which the vessel was condemned, viz., for a breach of section 3109 of the United States Customs Act; and they considered that, if there was, the owners of the "Coquitlan" might be expected to make the appeal at their own charge, while, if there was not, neither they nor Her Majesty's Government, nor the Government of the Dominion, would, so far as their Lordships could see, gain anything by the appeal.
That having regard to the views expressed by the Lords Commissioners of Her Majesty's Treasury, which were, moreover, shared by the Colonial Office, that the decision to appeal or not should depend on our opinion as to the probability of success upon the second count, your Lordship desired to re-submit the case to us with special reference to this particular point.
That Mr. Bertie was therefore to request that we would take the papers into our consideration, and favour your Lordship with our opinion as to whether there was, sufficient probability of success on the second count to warrant the prosecution of the appeal at the public cost, should the owners maintain their refusal to proceed with it at their own expense, and also with any general observations which we might have to offer on the case.
In obedience to your Lordship's commands we have taken the matter into our consideration and have the honour to
Report-
That, in our opinion, the conviction under section 3109 was not justiñed by the facts as known to us, and an appeal from the condemnation under that section, if judgment could be obtained thereon separately, ought to succeed.
We think, however, that to obtain judgment it would be necessary to appeal generally, and that it might be very difficult to obtain a separate judgment as to the condemnation under clause 3109.
On the whole, we do not think that there is such sufficient probability of attaining the object of an appeal as would warrant the prosecution of the appeal at the public cost.
We have, &c. (Signed)
JOHN RIGBY. R. T. REID.
• Not printed.
79871.-27.
25.-7/94.
† No. 55.