CO885-(10-11) — Page 458

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PUBLIC RECORD

OFFICE

C.O.

Reference :-

885

10

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- | COPYRIGHT PHOTOGRAPH-NOT TO

SIR,

No. 375. (BAHAMAS.)

LAW OFFICERS to COLONIAL OFFICE.

Lincoln's Inn, Decem ser 28, 1865. We are honoured with your commands, signified in Sir Frederic Rogers' letter of the 20th of December instant, stating that doubts having been raised in the Bahamas whether the local magistrates have power to adjudicate upon casualties at sea which have occurred beyond the territorial limits of the Colony, and to suspend or cancel certificates under the Merchant Shipping Amendment Act of 1862, he was directed by you, Sir, to transmit to us copies of the papers noted in the margin, and Go No., to request that we would favour you with our opinion upon the following questions enclosures arising on them, which are almost identical with those set forth in the enclosed letter and from the Board of Trade.

8 April 1868 unc

Gov., No. 29, i

onclosures. To Board of Trade, 25 Oct.

7 Dec.

1. Whether if a casualty happens to a foreign vessel beyond British territorial Board of Trade, jurisdiction, and the crew (with or without the ship) come within that jurisdiction, any British court acting under the authority of the Imperial Legislature can, without infringing national law or usage, inquire into that casualty?

2. Whether a Colonial court, acting under the authority of a Colonial Act, can inquire into a casualty happening to a British vessel beyond the territorial jurisdiction of the Colony, and whether in this respect any difference exists between vessels belonging and vessels not belonging to the Colony?

3. Whether a Colonial court authorised by a Colonial Act to inquire into marine casualties can cancel or suspend certificates under the Merchant Shipping Amendment Act of 1862 ?

In obedience to your commands we have taken these questions into our consideration, and have the honour to

Report

That we think it would be contrary to international comity for a British court authorised by the Imperial Legislature to institute any compulsory inquiry into a casualty which may have happened to a foreign vessel beyond British territorial limits, the case being assumed to be unaffected by any treaty or international agreement.

2. That we think ships belonging to a British Colony are clearly so far subject to Colonial legislation that casualties which may have happened to them beyond the territorial limits of the Colony may be inquired into by a Colonial court, under the authority of a Colonial Act, with all the consequences and effects which are con- templated by section 242 of the Merchant Shipping Act (17 & 18 Vict. cap. 104.).

But with respect to British ships not belonging to such Colony, although it might perhaps be abstractedly within the competency of a Colonial court under a Colonial authority to institute some kind of inquiry into such casualties while the ships them- selves were within the local jurisdiction (the casualties having happened beyond it), we think that such an inquiry would not be attended with any of the consequences or effects contemplated by the section referred to, which must be deemed when speaking of investigations" authorised by the Legislative authority in any British Possession to have had in view such matters only as would properly be subject to and governed by Colonial legislation, which casualties happening to non-colonial ships beyond the limits of the Colony clearly are not.

3. We think that it is clearly competent for a Colonial court, duly authorised by a Colonial Act, to inquire into marine casualties which may have happened within the limits of the Colony to any British ships, or to ships belonging to the Colony beyond those limits, to suspend or cancel certificates upon such a report as is contemplated by section 242 of 17 & 18 Vict. c. 104. being made by the court and confirmed by the Governor of the Colony. This power (which was originally given by that section to the Board of Trade) is now, under 25 & 26 Vict. c. 63. 88. 23, 24, vesteď mthe court or tribunal by which the case is investigated or tried.

We have, &c.

The Right Hon. Edward Cardwell, M.P.,

&c.

&c.

&c.

(Signed) ROUNDELL PALMER.

R. P. COLLIER.

o 16278,-287.

25.-2/86.

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