CO885-(11-13) — Page 401

MY LORD,

No. 16-1.

(LAGOS.)

LAW OFFICERS to FOREIGN OFFICE.

Temple, 27th March 1878. We were honoured with your Lordship's commands signified in Sir Julian Pauncefote's letter of the 13th instant, stating that he was directed by your Lordship to transmit to us the papers noted in the margin, in relation to a question which had arisen as to the power of Her Majesty's Consul at Fernando Po to send a British subject for trial to Lagos on a charge of slavedealing. That the judicial powers of Her Majesty's Consul were regulated by Her Majesty's Order in Council of the 21st of February 1872, a copy of which accompanied the papers.

That by that Order in Council the Consul had power to deal with the offences against the Slave Trade Acts mentioned in section 16, but he had no authority to send offenders for trial to a British Colony under the provisions in that behalf contained in the Foreign Jurisdiction Act.

That we would observe, however, that the Colonial Office considered that that power might be exercised by him under the terms of the concluding paragraph of section 26 ot the Slave Trade Act, 1873, (36 & 37 Vict. c. 88.,) and they inquired whether your Lordship concurred in the instructions to that effect which they proposed to send out to the Governor of the Gold Coast Colony,

That Sir J. Pauncefote was to request we would favour your Lordship with our opinion as to whether the proposed instructions might be approved.

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

Report

That in our opinion the Consular officer has not by 36 & 37 Vict. c. 88. s. 26. the power to send a person charged with an offence under that Act for trial to a British Colony; for we think such Consular officer is not a judge having jurisdiction to try "within the meaning of that section."

The Earl of Derby,

&c.

&c.

(Signed)

We have, &c.,

JOHN HOLKER. HARDINGE S. GIFFARD. J. PARKER DEANE.

▲ 12916.-160. 25.-12,84.

J.

PUBLIC RECORD OFFICE

Reference :-

LICO.

885

12 PUBLIC RECORD OFFICE, LONDON

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

2

No circumstances appear to prevent the application of the statute.

The reasoning would equally apply in the case of India; but a statute of limitations (of 21st James), which it was argued was inapplicable on the very same grounds, has been nevertheless held to be capable of application to India.

4. We think Her Majesty's Government may accept the purchase of Mr. Heddle's property on the basis of a good possessory title.

The Right Hon.

Sir Michael Hicks Beach, Bart., M.P.,

&c,

&c.

&c.

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

HARDINGE S. GIFFARD.