2
extend only to the enactment of an Ordinance at some date after the 23rd May, 1901, which should apply to Kantora provisions similar to those contained in the Pro- tectorate Public Lands Ordinance, 1896.
That in this case the answer to the Chief Magistrate's third question (viz., "if the jurisdiction did extend to the enactment of such provisions, did such juris- diction exist at the date of the enactment of such Ordinance and at the date of the enactment of the Protectorate Ordinance, 1902") would seem to be that Her Majesty's jurisdiction did not exist at the date of the enactment of the Ordinance of 1896, but did exist at the date of the enactment of the Protectorate Ordinance, 1902.
That on the fourth question, via, whether, if IIis Majesty had acquired jurisdic- tion in Kantora, such jurisdiction extended to the enactment of the provisions of the Vacant Lands (Ascertainment of Title) Ordinance, 1903, Mr. Bertram Cox was to observe that it involved an examination of His Majesty's title to land in territories under his protection, which were without any known and certain owner or were unoccupied. That it appeared to your Lordship that in Protectorates such as that of the Gambia where there was no civilised sovereign of the country, but merely a number of tribal chiefs, none of whom possessed the attributes of sovereignty, the general jurisdiction exercised by His Majesty must carry with it the right to legis- Tate for, and dispose of, waste and unoccupied lands within the area of jurisdiction.
That Mr. Townsend's fifth question was whether, if His Majesty's jurisdiction extended to the enactment of the provisions of the Vacant Lands (Ascertainment of Title) Ordinance, 1903, such jurisdiction existed at the date of the enactment of such Ordinance.
That if, as your Lordship would submit, His Majesty's jurisdiction extended to the enactment of the provisions of the Vacant Lands (Ascertainment of Title) Ordinance, 1903, it would seem that the jurisdiction existed at the date of the enactment.
That Mr. Bertram Cox was to request that we would take the above matters into our consideration, and advise your Lordship what replies should be returned to the questions submitted by the Chief Magistrate of the Gambia.
We were further honoured with a letter from Mr. R. L. Antrobus dated the 3rd instant transmitting a copy of a report by the Law Officers of the Crown of the 13th December, 1899,* which appeared to answer, Mr. Townsend's fourth ques tion referred to above.
We have taken the matters into our consideration, and in obedience to your Lordship's commands, have the honour to
Report-
That, in our opinion, the following answers should be returned to the questions submitted by the Chief Magistrate of the Gambia:-
(1) His Majesty does possess jurisdiction in the district of Kantora in the protectorate of the Colony of the Gambia at the present time.
(2) Such jurisdiction includes the power to apply the provisions of the Pro- tectorate Public Lands Ordinance, 1896, to Kantora.
(3) Such jurisdiction did not exist at the date of the enactment of the said Ordinance of 1896, but did exist at the date of the enactment of the. Protectorate Ordinance, 1902.
(4) His Majesty's jurisdiction in the district of Kantora includes the power to enact provisions of the Vacant Lands (Ascertainment of Title) Ordinance, 1903. (5) Such jurisdiction existed at the date of the last-mentioned Ordinance.
37387
No. 103.
(GAMBIA.)
LAW OFFICERS to COLONIAL OFFICE.
[Jurisdiction of His Majesty in the district of Kantora.]
Royal Courts of Justice,
13 October, 1908. MY LORD.
WE were honoured with your Lordship's commands, signified to us in Mr. Bertram Cox's letter of the 17th August last, stating that, with reference to his letter of that date requesting our advice on certain questions submitted by the Chief Magistrate of the Gambia regarding His Majesty's jurisdiction in Kantora, he was directed by your Lordship to inform us that it appeared to you that if His Majesty did not have jurisdiction over Kantora prior to the 23rd May, 1900; and that if, in consequence, the provisions of the Gambia Ordinance the Protectorate Public Lands Ordinance, 1896-could not be applied to that territory, it would be necessary to validate any action that might have been taken as regards Kantora, under the provisions of that Ordinance
That your Lordship was disposed to consider that it might be possible to obtain an Order in Council from His Majesty which would validate retrospectively any such actions. But that it would also be necessary that any rights which might have been brought into existence through such actions should be preserved.
That Mr. Bertram Cox was to request that we would consider this matter and advise your Lordship:-
(1) What action, if any, should be taken to validate any action or proceeding done or taken as regards Kantora under the provisions of the Protectorate Public Lands Ordinance, 1896?
(2) What action, if any, is requisite to safeguard rights brought into existence by any action or proceeding done or taken under the provisions of that Ordinance?
(3) Generally.
We have taken the matter into our consideration, and in obedience to your Lordship's commands have the honour to
Report-
(1) That as, in our opinion, the provisions of the Protectorate Public Lands Ordinance, 1896, did not apply to the district of Kantora before the passing of the Protectorate Ordinance, 1902, it is necessary to take legislative action in order
to validate any action or proceeding done or taken before 1902 as regards Kantora under the provisions of the Protectorate Public Lands Ordinance, 1896.
(2) We think also that legislative action is requisite to safeguard rights brought into existence by any action or proceeding done or taken before 1902 under the provisions of the Ordinance.
(3) We have nothing to add.
The Right Honourable
The Earl of Crewe, K.G., &c.,
&c..
&c.
We have, &c.,
W. S. ROBSON.
S. T. EVANS.
The Right Honourable
"
The Earl of Crewe, K.G.,
&c.,
&c.,
&c.
• No. 242 in Vol. V.
We have, &c.,
W. S. ROBSON. S. T. EVANS.
28 Wt 231 11/08 D8 6
33917
PUBLIC RECORD OFFICE
Reference :-
C.O.885
16 PUBLIC RECORD OFFICE, LONDON
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