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PUBLIC RECORD OFFICE
C.O.
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ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
16 PUBLIC RECORD OFFICE, LONDON
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precious stones cannot be confined to the baser metals and, to coal but must be read as including gold and silver. We should so read these words if they occurred in an English conveyance, but even if this were not so, it appears to us to be a mistake to apply in the construction of a document, such as the certificate of claim, any rules of English conveyancing depending upon the fact that in England gold and silver mines are vested in the Crown by virtue of its prerogative. We agree with the Crown Prosecutor in thinking that the intention on this point is quite clear.
(5, 6, and 7) These questions we answer in the negative.
It would certainly be desirable to have reviewed in the Privy Council, on a suitable occasion, the very sweeping propositions as to property in land in the Pro- tectorate, enunciated in the Court of Appeal. But for the reasons we have given, we do not think that this is a suitable occasion for the purpose, and, indeed, the Judicial Committee would very probably decline to enter into these questions at all.
We have, &c..
The Right Honourable
Alfred Lyttelton, M.P.,
&c., &c.,
&c.
}
R. B. FINLAY. EDWARD CARSON.
34731
No. 16.
(BRITISH HONDURAS.)
LAW OFFICERS to FOREIGN OFFICE.
[Claim of Alonzo Lewis against the Mexican Government for arrest and forcible detention,]
Royal Courts of Justice,
MY LORD,
September 19, 1905. We were honoured with your Lordship's commands, signified to us by Mr. Villiers in his letter of the 28th August last, stating that he was directed by your Lordship to transmit to us the papers relative to the claim put forward by Alonzo Lewis, a British subject, against the Mexican Government on account of his arrest and forcible detention at Yalloche in Mexico in 1902, and to say that your Lordship would be glad to be favoured with our opinion whether His Majesty's Government could justifiably adopt the line of argument indicated in his letter on some analogous grounds as the basis of a claim on behalf of Mr. Lewis.
We have taken the matter into our consideration and in obedience to your Lordship's commands have the honour to
Report
That, in our opinion, His Majesty's Government would not be justified in insisting upon payment to Mr. Lewis.
Tamay appears to be for all practical purposes independent owing to distance and difficulty of access. This would not prevent Mr. Lewis from being entitled to compensation from the Mexican Government if he had proceeded to Tamay's terri- tory under a licence from that Government. As the Mexican Government claims that Tamay's territory is part of their dominions, they would in the case supposed be answerable for his misconduct.
But Mr. Lewis did not act under any licence from the Mexican Government. He took his licence from the semi-barbarous chief whom he found in actual control of the territory, and on terms which, according to the statement of the Mexican Government, were inconsistent with the laws of Mexico. Under these circumstances it appears to us that he cannot claim to hold the Mexican Government responsible for the ill-treatment to which he was subjected by Tamay while acting under Tamay's licence. He chose to deal with the Indian tribe which he found in control of the territory on terms which he never could have obtained if the Mexican dominion there had been effective, and we think that he cannot now turn round and assert that he was entitled to the protection of the Mexican Government while so acting. Of course a great deal depends upon the precise state of the facts, but upon the materials before us we do not think that His Majesty's Government would he justified fn treating the allegations of the Mexican Government as unfounded. If Mr. Lewis treated with Tamay and his tribe merely as owners of the land and did not take the licence in any way in contravention of Mexican law, the case might have another aspect.
If the Mexican Government would agree to some inexpensive form of arbitration it might be the best way of dealing with the situation which has arisen.
We have, &c..
R. B. FINLAY. EDWARD CARSON,
The Marquess of Lansdowne, K.G..
&c., &c.,
&c.
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