CO885-(10-11) — Page 793

1671.

No. 630.

(MALTA.)

SIB,

FOREIGN OFFICE to COLONIAL OFFICE.

Foreign Office, February 11, 1870. I Am directed by the Earl of Clarendon to acknowledge the receipt of your letter of the 21st ultimo with its enclosures, relative to the case of Bugeja, a British subject who had been forwarded to Malta by Her Majesty's Consul at Tunis for trial by the Maltese Courts.

I am, in reply, to state to you, for the information of Earl Granville, that Lord Clarendon caused your letter, together with two Despatches on the same subject from Her Majesty's Consul-General at Tunis to be referred to the proper law advisers of the Crown; and I am now to transmit to you copies of the instructions which, in accordance with the opinion expressed by the Law Officers, Lord Clarendon has addressed to Her Majesty's Consul-General and Supreme Judge at Constantino ple and to Her Majesty's Consul-General at Tunis.

The Under Secretary of State,

Colonial Office.

I am, &c.

(Signed) CHARLES SPRING RICE.

(Sep. Judicial.)

SIR,

LORD CLARENDON to Sir P. FRANCIS.

Foreign Office, February 11, 1870. I HAVE received from Mr. Wood copies of his Despatches to you of the 8th ultimo, regarding the decision of the Maltese Courts in the case of Bugeja, a prisoner forwarded by Mr. Wood for trial by the Maltese Courts.

The Law Officers of the Crown, whom I have consulted in this matter, have advised me that the decision of the Maltese Court is correct, and I have accordingly addressed to Mr. Wood the instruction of which copy is enclosed herewith for your information.

You will lose no time in informing Her Majesty's Consuls in the various provincial courts that under these circumstances they must abstain from sending any more prisoners to Malta under warrants from themselves, at all events until further orders; and

you will also report to me your opinion as to the suggestions made by Mr. Wood with a view to the extension of the powers of the Consular Court of Tunis.

Sir P. Francis,

&c. &c.

I am, &c.

(Signed)

CLARENDON.

SIR,

(No. 1, Commercial.)

LORD CLARENDON to R. WOOD, Esq.

Foreign Office, February 11, 1870.

I HAVE had under my consideration your Consular Despatch No. 2 of the 12th ultimo, regarding the decision of the Maltese Courts in the case of Annunziata Bugeja, a Maltese British subject, accused of the murder of another Maltese, and sent by your Consular Court for trial at Malta.

+

It appears that prior to taking this step you referred the preliminary examinations and proceedings to the Governor of Malta to ascertain whether his Excellency was advised that the evidence was sufficient to justify you in sending the prisoner for trial at Malta, and that it was on the opinion in the affirmative of the Crown Advocate at Malta that you carried out the arrangement.

The Maltese Court, however, have raised the question as to the power of the Provincial Court at Tunis to issue a warrant, or whether that power was exclusively vested in the Judge of the Supreme Court at Constantinople, or concurrently with the Provincial Courts within the districts of which the crimes were committed.

Q 16978.-949. 25.-5/86.

PUBLIC RECORD OFFICE

Reference :-

TLC.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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