CO885-(10-11) — Page 64

PUBLIC RECORD OFFICE

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Reference :-

C.O.

885

10 PUBLIC RECORD OFFICE, LONDON

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

2

good The only effect of the Act of 10th July 1857 upon the prerogative power is to confine it to cases of misconduct in judges violating the condition of " behaviour."

With respect to the second question, we think that in the mode of procedure and admission of evidence the Local Governor and Council should proceed as nearly as possible in conformity with the established rules of evidence, and the usual form of judicial procedure. Thus a statement of the charges or grounds of complaint against the judge should be given to him, a time fixed for hearing his defence, and if there are witnesses in support of the charges they should be examined in the presence of the accused.

•

The decision of the Privy Council in Mr. Justice Willes's case, 5 Moore's Privy Council Cases, renders it unsafe to adopt any discretionary mode of procedure which is at variance with the ordinary rules of law.

Thirdly, if the sentence be one of suspension only, and that is confirmed by the Secretary of State, there would be no appeal (de jure) to the Privy Council unless by express permission of, and on a reference made by, the Crown; but if the Governor and Council pronounced a sentence of amotion under the 22nd Geo. 3. c. 75, the judge would have a right of appeal to the Queen in Council.

We have, &c.

His Grace the Duke of Newcastle,

&c.

&c.

&c.

(Signed)

RICHARD BETHELL. WM. ATHERTON.

11770.

No. 44.

(BRITISH HONDURAS.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD DUKE,

Doctors' Commons, December 18, 1860. We were honoured with your Grace's commande signified by Sir Frederic Rogers' letter of the 8th November last, stating that he was directed by your Grace to transmit to us the copy of a Despatch from the Governor of Jamaica, enclosing one from the Acting Superintendent of Honduras, in which he submits a case duly prepared for the consideration of Her Majesty's law advisers, relative to the limits of the Port of Belize for judicial purposes.

Sir Frederic Rogers was pleased to enclose copies of the Acts of the Honduras Legislature to which reference is made (together with Commander Owen's Survey of 1830), and in connexion with the subject he was pleased to annex a copy of a Report made by the law advisers on the 17th February 1855, relative to the limits of the territorial jurisdiction of the Colony of British Guiana, and requested that we would take these papers into our early consideration, and favour your Grace, with our opinion upon the points submitted in the case.

In obedience to your Grace's commends, we have carefully considered the above- mentioned papers, and have the honour to

Report

That the circumstances of this case are very peculiar, and we are not aware of any judicial decision that is strictly applicable to it.

Nature has formed the harbour of Belize by opposing to the ocean (south and east of the mainland) numerous groups of islands, leaving an inlet or arm of the sea between the islands on the south and east and the continent on the west, and bounding the inlet on the north by shoal water. The islands forming a series of natural breakwaters, render this inlet or arm of the sea a secure anchorage ground; and the harbour thus created and bounded is in our opinion, both geographically and by International law, (at all events to the north of “ Robinson Point" and "One Man Cay," but including the whole of southern Grennel's Channel) the proper part of Belize, and inasmuch as the whole of the surrounding boundaries of the harbour are part of the territory of Belize and subject to its jurisdiction, we are of opinion that the whole of the port is likewise part of that territory and equally subject to its civil authority.

The principles laid down by Sir W. Scott in the case referred to (the "Anna," 5, C. Robinson's Admiralty Reports 385) go far to warrant this conclusion, which is in accordance with the general principles of International law.

The local Acts of the 21 Vict. c. 16., and 22 Vict. c. 6. being Acts for local municipal purposes would not debar the Colony from asserting internationally the true extent of the territorial right; but they would considerably impede any civil proceedings, and we recommend that they should be at once replaced by

different enactments.

From what we have written it will be easy to deduce the proper answer to any question that may arise, but the first question submitted to us is so worded, that not Knowing what is meant by "the waters off the bar of the River Belize we cannot give it a more specific answer.

(2.) The second question is answered in the affirmative.

(3.) In the hypothesis put by the third question of "the waters off the bar of the Belize and off the coast of British Honduras not being within the local jurisdiction "of the settlement it would follow that the local Legislature has no authority over "Acta done within such waters by persons not being inhabitants of the settle- **ment."

"

His Grace the Duke of Newcastle, K.G.,

&c.

&c.

&c.

We have, &c. (Signed) J. D. HARDING.

RICHARD BETHELL.

0 16276.-948.

25.-9/86.