PUBLIC RECORD OFFICE
لسائس
Reference:-
6
C.O.
885
14 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
**
2
Report-
That the question whether a mortgage falls within the words of the Charter depends on the law of Natal, and it makes no difference whether the loan be raised in England or
in Natal.
We think that a charge on the land, which appears from the statement before us to be the effect of a mortgage in Natal, does fall within the words in the Charter" or other- wise dispose of the same lands."
As, however, the validity of the proposed mortgage must depend on the law of Natal, we cannot advise that on the strength of our opinion-expressed on somewhat meagre instructions as to the nature and effect of a mortgage by the law of Natal-the mortgage should be carried out, if the Attorney-General of Natal, on consideration, adheres to the view which he has expressed on the point. We should not feel justified in recommending that his opinion should be disregarded on a question purely of local law without having before us fuller instructions as to the law of Natal on mortgage.
We think, that in point of law, the Charter could be amended on this point by further Letters Patent, unless there be in force in Natal some Statute or Ordinance restricting the Crown in the exercise of its prerogative as to Charters of Incorporation. Such a power, however, should ordinarily be exercised only on the advice of the Colonial Ministry, and should be exercised in this case, if at all, only at their instance.
We think this is eminently a matter which should, if possible, be dealt with by local legislation.
We have, &c.,
The Right Honourable Joseph Chamberlain, M.P.,
&c.
RICHARD E. WEBSTER. ROBERT B. FINLAY.
&c.,
&c.,
28610.
SIR.
No. 284.
(GIBRALTAR.)
LAW OFFICERS to COLONIAL OFFICE.
Royal Courts of Justice,
October 19, 1899.
WE were honoured with your commands signified in Mr. C. P. Lucas's letter of the 4th instant, stating that he was directed by you to transmit to us a copy of the Report of an Inter-departmental Committee recently apppointed by the Secretary of State for War to consider what measures should be adopted to improve the general condition of the City, Garrison, and Territory of Gibraltar, and to invite our attention to the recommendations it contained under Heal V. (on pp. 11 and 12) with reference to the subject of overcrowding among the Civil population.
That
among those recommendations, which were summarised on page 16 of the Report, there were two, viz.: (/) that all non-Gibraltese persons should be required to obtain permits of residence on the rock, and (77), that the Governor should have power to expel and exclude from the fortress all undesirable persons, whether British subjects or not, upon which you desired to be favoured with our opinion. That you concurred in those recommendations and were prepared to give effect to them if there was no insuperable legal objection to that course.
That aliens were prohibited from entering or residing in Gibraltar, without a permit, by the Aliens Order in Council, which first came into force on the 1st January, 1894, and was repealed and reissued with amendments as "The Aliens Order in Council, Gibraltar, 1885,” dated 12th December of that year. That that Order, as subsequently amended by Ordinance No. 12 of 1889, would be found on pp. 338-346 of the Gibraltar Laws
for 1890.
But that though it was thought advisable to regulate by Order in Council the conditions on which aliens might be admitted into the fortress, the Order (clause 41) res gnised and preserved the prerogative rights of the Crown and the powers of the Governor with regard to the admission to, or exclusion from, the fortress of any person whatever.
That, in your opinion, in which the Secretary of State for War concurred, it was important in the interests of Gibraltar as a fortress-that the influx of British subjects, as well as of aliens, should be under the control of the Governor, and that the right of residence in the fortress should be confined to British subjects born in Gibraltar of parents permanently domiciled there, and that all other British subjects should be placed on the same footing as aliens in regard to residence in Gibraltar.
That it was also considered desirable that in the case of natives of Gibraltar the Governor should have a limited power of expulsion, confined, in the first instance, to persons who had been convicted of an offence involving a sentence of imprisonment with hard labour or of penal servitude, and to persons convicted of an offence against the laws prohibiting trespass on, or unauthorised sketching of, military works, or of keeping disorderly houses, or of harbouring prostitutes.
That you therefore proposed that an Order in Council should be passed to effect the purposes expressed in paragraphs 5 and 6 of Mr. Lucas's letter, but that as some question had been raised as to the power of the Crown to make such an Order, you were desirous of obtaining our opinion upon the subject.
That Mr. Lucas was to request, therefore, that we would favour you with our opinion upon the following points :—
1. Whether the Crown could by Order in Council legislate so as
(a) to empower the Governor to expel and exclude from Gibraltar any undesirable
person, whether British subject or not ;
(b) to place all persons, other than natives of Gibraltar, under the provisions of
the Aliens Order in Council.
3919-23-10,99 WEERD D&S
A