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The 12th and 13th Vict. cap. 96. does not enlarge the jurisdiction of the Colonial Courts for all purposes, but only in the special cases and in the particular manner and form, and with the particular powers there prescribed, and in our opinion the 28th and 29th Vict. cap. 63. does not, by enabling local legislatures to establish courts within their jurisdiction, enable them to establish a court for trial of offences on the high seas. Such offences would we think, notwithstanding the Ordinance, still be triable only under the provisions of 12 and 13 Viot. cap. 96.

2. That in our opinion the local legislature cannot in the case referred to in the first question dispense with trial by jury.

3. That the Ordinance will, as we think, be effectual in reference to offences com- mitted upon any waters situate within the limits of the Colony, and within the limits of the local jurisdiction of ita Courts. And in cases arising within that jurisdiction, we think there is no objection to the onus of proving innocence being thrown on the accused persons under the circumstances described in articles 5, 6, and 7 of section 7.

4. That it appears to us that the nature of the case and of the population affected justifies the application of the punishments described in article 7 of section 7, though this is rather a question (as indeed is the third question) of policy than of law.

The Right Hon. the Earl of Carnarvon,

&c.

&c.

We have, &c. (Signed)

JOHN ROLT.

WM. BOVILL.

No. 441.

(BRITISH HONDuras.)

LAW OFFICERS to COLONIAL OFFICE.

Lincoln's Inn, December 7, 1866. MY LORD,

We are honoured with your Lordship's commande signified in Mr. Elliott's letter of the 29th of November last, with which Mr. Elliot transmitted to us by your Lordship's directions a copy of a Despatch from the Lieutenant-Governor of British Honduras, enclosing with the report of the Colonial Attorney-General an Act of the Legislature of Honduras, intituled 30 Vict. cap. XI., “An Act to authorise the speedy

peace thereof. " removal from the Colony of certain persons who may endanger the

cap. 16, Mr. Elliot also enclosed by your Lordship's desire a copy of the Act 27 Vict. referred to in the third section of the above-mentioned Act, and stated that your Lordship requested that we should report whether we saw any objection to the depor- tation clauses in the Act 30 Vict. cap. XI. Mr. Elliot also stated that he was desired to observe that the Legislature was not competent to enable the master of the ship or any other person to exercise any authority over the deported person after the vessel had left Colonial waters; and that other Colonies and Foreign countries might complain of having persons of dangerous or mischievous character put out on their shores.

In obedience to your Lordship's commands we have the honour to

Report

That the clauses in question appear to us to be objectionable upon the grounds adverted to in Mr. Elliot's letter, and also upon the ground that no procedure is pointed out for enabling a person alleged to be guilty of an offence under the Act to prove that he has not committed any such offence, and is not liable to deportation.

We have, &c. (Signed) JOHN ROLT.

JOHN B. KARSLAKE.

The Right Hon. the Earl of Carnarvon,

&.

&c.

&c.

o 16278.-396.

95.-5/86.

PUBLIC RECORD OFFICE

ויו

Reference :-

C.O. 885.

11 PUBLIC RECORD OFFICE, LONDON

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

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