CO885-(10-11) — Page 543

8797.

No. 425.

(CEYLON.)

LAW OFFICERS to FOREIGN OFFICE.

Lincoln's Inn, September 3, 1866.

MY LORD,

We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 3rd August ultimo, in which he stated that he was directed by you to transmit to us the accompanying letter from the Colonial Office, enclosing copies of C. O. July correspondence on the subject of the right claimed by the French Consul at Galle, 28. Ceylon, to the assistance of the Government of that Colony to enable him to detain in the local gaols French subjects who have been convicted by him of offences committed

on board ship, and to request that we would take these papers into our consideration, and favour your Lordship with our opinion thereupon.

In obedience to your Lordship's commands we have taken the papers into our con- sideration, and have the honour to

erroneous.

Report

That we are of opinion that the opinion of the Queen's Advocate of Ceylon is We think that a steamer of the Messageries Impériales is not a commis- sioned vessel in the sense that a ship of war is for purposes of international law. But be this as it may, we think that the Fiscal has no legal authority to execute the sen- tence of the French Consul at Galle by causing to be imprisoned a French subject convicted by a French Consul of an offence on board of or connected with a French ship, whether of a public or private character.

The statute 15 Vict. c. 26. enables British authorities in certain circumstances to "aid in apprehending" and "order to be conveyed" foreign seamen to the foreign ship from which they had deserted; but even for this very limited purpose a statute was required, as the act would otherwise have been illegal by the common law of England.

It may be questioned whether it would or would not be expedient as a matter of comity to confer power upon the Fiscal at Galle, or on the proper authority in any British port, to execute the sentence of a foreign Consul, but we are of opinion that such power could not be conferred without the authority of the Legislature."

We have, &c. (Signed)

H. M. CAIRNS.

W. BOVILL.

ROBERT PHILLIMORE.

。 16278.-551. 25.-5/86.

PUBLIC RECORD OFFICE

Reference :-

| ། ། །

C.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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