·
(2) Whether a medical practitioner not registered in the United Kingdom, but holding a diploma granted either in another British Colony or in a foreign country, was entitled to practise
(a) in the Gold Coast,
(b) in the Crown Colonies generally?
(3) Whether a Colony, in which by any Imperial Act or otherwise the Secretary of State might be legally prevented from making such appointments, and unregisterest practitioners might be legally prevented from practising, could legislate so as to enable such appointments to be made and such persons to practise ?
That in connection with the last question Mr. Antrobus was to refer us to section 6 of the Medical Act, 1886, which would appear to contemplate the modification of the Imperial law by Colonial legislation.
We have taken the matters into our consideration, and, in obedience to your commands, have the honour to
Report-
1. That we do not think the Secretary of State is prevented by any Statute from appointing properly qualified practitioners, who are not registered in the United Kingdom, to perform the requisite duties as Government Medical Officers in any of the Crown Colonies, unless there is a local Ordinance limiting this power.
We do not think that the general application of English law to the Gold Coast by section 14 of the Ordinance of 1876 limits that power in the absence of any system of registration provided for the Gold Coast.
It is a question of policy whether the practice mentioned in paragraph 21
Mr. Antrobus's letter, which has hitherto prevailed, should be continued.
2. Yes, in the absence of any local legislation limiting the right to practise.
3: We do not know of any such Imperial Statute, but section 6 of the Medical Act. 1886, contemplates that the laws as regards registration in the United Kingdom, and the rights conferred by such legislation, may be modified by local laws in the Colonies.
The Right Hon. J. Chamberlain M.P.
&c.
&c.
&c.
We have, &c.,
R. B. FINLAY. EDWARD CARSON.
17253.
No. 148.
(GENERAL WEST AFRICA.)
LAW OFFICERS to COLONIAL OFFICE.
[Draft Order in Council applying the Fugitive Offenders Act, 1881, to the West African Colonies and Protectorates.]
SIR,
Royal Courts of Justice, May 3, 1902. We were honoured with your commands signified in Mr. Bertram Cox's letter of the 15th February last stating that he was directed by you to transmit to us the Draft of an Order in Council applying the Fugitive Offenders Act, 1881, to the West African
Gambia 0/0, 23rd November, 1893.
Sierra Leone ‘Q C, 24th August, 1895.
Lagos 0.0, 24th July, 1901,
Lagos OC, 29th December, 1887.
Gold Coast, Northern Territories O/C, 20th Protectorates, and applying the provisions of
ptember, 1901.
Ash inti O,C, 26th September, 1901. Northern Nigeria 0/Ć, 27th December, 1899. Southern Nigeria O C, 27th December, 1899. Draft O C.
Part II. of that Act to the Colonies and Pró- tectorates of West Africa.
That copies of the Orders in Council now in force providing for the exercise of His Majesty's jurisdiction in the Protectorates dealt with by
the Draft Order were transmitted to us with Mr. Bertram Cox's letter, together with a copy of an Order in Council annexing Ashanti.
That Mr. Bertram Cox was to request us to report--
1. Whether the provisions of the draft Order in Council were sufficient and proper
for the purpose intended.
2. If not what amendments should be made therein.
We have taken the matter into our consideration, and, in obedience to your mmands, have the honour to
Report-
That in our opinion the accompanying Draft Order in Council, as altered and initialled by us, is in its terms sufficient and proper for the purpose intended.
We have, &c.,
The Right Honourable J. Chamberlain, M.P.,
&C.,
&c.,
&c.
R. B. FINLAY.
EDWARD CARSON.
DRAFT ORDER IN COUNCIL.
WHEREAS by treaty, grant, usage, sufferance, or other lawful means, His Majesty has power and jurisdiction in the territories of West Africa, known as the Gambia Protectorate, the Sierra Leone Protectorate, the Lagos Protectorate, the Northern Territories of the Gold Coast, Northern Nigeria, and Southern Nigeria;
And whereas, by reason of the contiguity of the said territorities and of the colonies and possessions of His Majesty in West Africa, known as the Gambia, Sierra Leone, the Gold Coast, Ashanti, and Lagos, and the frequent inter-communication between them, it eems expedient to His Majesty and conducive to the better administration of justice therein that Part II. of the Fugitive Offenders Act, 1881, should apply to the said colonies, possessions, and territories, and that subject to the provisions of this order the Fugitive Offenders Act, 1881, should apply as if the said territories respectively were British possessions :
Now therefore His Majesty, by virtue of the powers in this behalf by the Fugitive Offenders Act, 1881, the Foreign Jurisdiction Act, 1890, or otherwise in His Majesty vestul, is pleased by and with the advice of His Privy Council to order, and it is hereby ordered as follows:-
1. This Order may be cited as "The West African Possessions and Protectorates (Fugitive Offenders) Order in Council, 1902."
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