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On this ground, as well as on the ground that the seal affixed to the warrant was not the seal of Her Majesty's Agent and Consul-General, but the seal of his office, and that the accused, having been born in Tunis, though of Maltese parents, was not a Maltese, but a British subject, the Court at Malta have decided that it had no jurisdiction in the case and have liberated the prisoner.

This question is one of great importance, and I have consulted Her Majesty's Law Officers on the subject, and have been advised that the decision of the Criminal Court of Malta is correct, and that the only competent authority under the Order in Council of 1864 to cause a person accused of a crime within the jurisdiction of a Provincial Consular Court to be conveyed for trial to Malta is the Judge of the Supreme Consular Court.

The Law Officers add that the same construction must be given to Article 66 under which any offender convicted before a Provincial Consular Court may be sent by order of the Judge of the Supreme Consular Court to Malta for the purpose of undergoing his punishment.

Under these circumstances I have to state to you that it will be necessary that your Consular Court should not send any more prisoners to Malta under warrants from yourself until further orders.

A of this Despatch will be forwarded to Sir P. Francis with instructions to him

copy to lose no time in addressing a communication in the same sense to other Provincial Courts. I shall also direct Sir P. Francis on the suggestions offered in your Despatch to him of January 8th as to measures which might be taken to invest your Consular Courts with further powers.

R. Wood, Esq., C.B.

I am, &c. (Signed)

CLARENDON.

1672.

SIR,

No. 631.

(MALTA.)

FOREIGN OFFICE to COLONIAL OFFICE.

Foreign Office, February 11, 1870. WITH reference to your letter of the 15th of December last, I am directed by the Earl of Clarendon to transmit to you, to be laid before Earl Granville, copies of two Despatches from Mr. Lane, in his capacity of Judge of Her Majesty's Consular Court of Egypt, regarding the petition of the two Maltese named Polidano under im- prisonment for murder committed at Alexandria.

Lord Clarendon has caused these Despatches, together with the papers enclosed in your letter, to be referred to the Law Officers of the Crown, who have reported that they concur in the opinion on the case expressed by their predecessors in 1868†, and that they find no sufficient grounds stated in the petition now under consideration to justify a departure from the course then adopted by Her Majesty's Government.

Lord Clarendon presumes that Lord Granville will make this opinion known to the Governor of Malta, with instructions to inform the petitioners accordingly, and he would also suggest that the attention of the Maltese authorities might be called to the statements of the Abate Bervardino, and to the necessity for strictly inflicting the sentences imposed.

Lord Clarendon will instruct Mr. Lane to report what alterations in existing laws he would suggest with a view to provide security against the return to the Levant of deported Maltese.

The original documents in your letter are herewith returned.

The Under Secretary of State,

Colonial Office.

I am, &c.

(Signed) CHARLES SPRING RICE.

• Not printed.

0 16978-969. 95.---5/66.

† See No. 501a.

PUBLIC RECORD OFFICE

Reference :-

UPLIC.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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