PUBLIC RECORD OFFICE
Reference :-
TTLLC.O.885
16 PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
2
Enclosure..
DRAFT CLAUSES OF ORDER IN COUNCIL.
Whereas by certain letters patent passed under the Great Seal of the United Kingdom of Great Britain and Ireland bearing date at Westminster the 29th day of November 1913 His Majesty did constitute the office of Governor and Commander- in-Chief of the Colony of Nigeria and did provide for the government thereof;
And whereas by the said letters patent provision was made for the constitution of a Legislative Council in the said Colony, and for the definition of the powers of the said Council;
And whereas by an Order in Council bearing date the 22nd-day of November 1913 and known as the Nigeria Protectorate Order in Council 1913 provision was made for the administration of the territories thenceforward known as the Pro- tectorate of Nigeria;
And whereas by the said Order in Council it was ordered that the Governor and Commander-in-Chief for the time being of the said Colony of Nigeria should be Governor and Commander-in-Chief of the said Protectorate of Nigeria;
And whereas by the said Order in Council it was further ordered that it should be lawful for the Governor from time to time by Ordinance to provide for the administration of justice and other matters therein more particularly set forth and described, subject to the limitations therein contained;
And whereas it is expedient to make further and other provision for the peace, order, and good government of the Colony and Protectorate of Nigeria, and especially to confer upon the Governor and the Legislative Council of the Colony and the Governor of the Protectorate a power of legislating jointly for matters affecting the whole territory of Nigeria;
Now therefore &c. &c.
1. This Order may be cited as the Nigeria Order in Council 1914.
2. This Order shall apply to the Colony and Protectorate of Nigeria.
3. All words and expressions used in this Order shall have the meaning
assigned to them in the Nigeria Protectorate Order in Council 1913.
4. It shall be lawful for the Governor of the Colony of Nigeria with the advice and consent of the Legislative Council thereof and the Governor of the Protectorate of Nigeria from time to time by joint Ordinance to provide for the peace, order and good government of Nigeria and of all persons therein, provided as follows:--
(1) That such Ordinances shall be subject to the advice and consent of the Legislative Council only so far as the provisions thereof relate to the Colony, and such Ordinances shall be expressed to be enacted by the Governor of the Colony and Protectorate of Nigeria with the advice and consent of the Legislative Council so far as the provisions thereof relate to the Colony:
(2) That subject to the last proviso the provisions of the Nigeria Protectorate Order in Council 1913 relating to the making and establishing of Ordi- nances by the Governor of the Protectorate shall apply to all Ordi- nances made under the authority of this Order in all respects as if they were made under the authority of the said Nigeria Protectorate Order in Council 1913.
5. Nothing in this Order contained shall be construed to diminish or affect the powers of making Ordinances conferred upon the Governor and the Legislative Council of the Colony and upon the Governor of the Protectorate by the above recited Letters Patent and by the Nigeria Protectorate Order in Council 1913 respectively, or to confer any power upon the Legislative Council of the Colony of making any Ordinance affecting the Protectorate only or upon the Governor of the Protectorate of making any Ordinance affecting the Colony only.
32434
No. 177.
(GENERAL.)
LAW OFFICERS to TREASURY.
[Status of Enemy Merchant Ships at the Outbreak of Hostilities.]
-
Attorney General's Room,
House of Commons, S.W.,
August 20th, 1914. (1), (2) and (3). It is clear from such cases as Lindo v. Rodney, 2 Douglas, 613, that British Prize Courts have been accustomed to exercise jurisdiction in respect The real reason
of ships of the enemy found in British ports at the outbreak of war. for this jurisdiction is that such ships are dealt with under the exercise of the jus belli. The jurisdiction of the Prize Courts now set up is the same as before. All that has been effected by the Hague Convention No. VI., of 1907, is that the parties to that Convention have agreed upon a less rigorous method of treatment of such vessels. This does not affect the jurisdiction of the Prize Court. It merely varies the order which the Prize Court will make. Consequently, we are of opinion that our Prize Courts have jurisdiction to deal with such vessels, and ought to do so by making orders for detention in the way contemplated in Order XXVIII. of the new Prize Court Rules.
JOHN SIMON.
STANLEY O. BUCKMASTER. G. W. RICKETTS.
J. A. S. S. O. B.
(2321-2.) Wt, 124-872, 25. 11/14. D&S. G. 1.