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these capitulations, the Turkish tribunals have the sole jurisdiction to try a foreigner for an outrage committed against a Turkish subject in any place under the sovereignty of the Porte.

We are therefore of opinion that even assuming Sarvas to have been an Hellenic subject, his trial before the High Court was not warranted by law, having regard to the provisions of sections 10 and 108 of the High Court of Justice Ordinance.

This opinion also applies to offences committed by British subjects in the telegram transmitted by General Biddulph.

If our view be correct the nationality of Sarvas is immaterial.

And we do not think it necessary to trouble your Lordship with any observations upon a trial which took place before a Court which had no jurisdiction.

The Right Hon. the Marquis of Salisbury,

&c.

&o.

&c.

We have, &c.,

(Signed)

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

1453.

SIR,

;

No. 214.

(GENERAL.)

FOREIGN OFFICE to COLONIAL OFFICE.

Foreign Office, 29th January 1880. WITH reference to the letter from this Office of the 25th of November last, I am directed by the Marquis of Salisbury to state to you, for the information of Secretary Sir Michael Hicks Beach, that he has submitted to the Law Officers of the Crown the question raised by Commodore Wilson, whether, in the case of guano islands being leased to British subjects, foreigners are precluded from removing guano therefrom, such islands not having been formally taken possession of in the name of Her Majesty. The memorandum of the Emigration Commissioners of which a copy was contained in your letter to this Department of 20th January 1879, showing the systems under which these leases or licenses are granted was annexed, among other papers, to the case.

2. The Law Officers have reported that in their opinion when a license in the form adopted under the present system has been granted by Her Majesty, and the licensee has occupied the island to which the license applies, and notified his occupation by hoisting the British flag, the island in question becomes part of Her Majesty's dominions, and will remain part of such dominions so long as Her Majesty shall find it expedient to retain the sovereignty thereof.

3. They add that if this view of the case be correct, they think that the com- manders of Her Majesty's ships may forcibly prevent subjects of a foreign State from attempting to remove guano from islands discovered by British subjects, and occupied by them under the conditions above stated.

4. The Law Officers express their difficulty in dealing with the question on the assumption that, notwithstanding the grant of such license, the islands are not claimed by Her Majesty, since they consider that a lease granted by the Crown constitutes of itself a claim by Her Majesty.

Should, it however, be assumed that the islands referred to have not been and are not claimed by Her Majesty's Government, they think that the commanders of Her Majesty's ships would be justified in forcibly preventing any actual interference by foreigners with the operations of the British subjects, but not in forcibly preventing foreigners from removing guano from any part of any island not in the actual occupa- tion of the British subjects.

The Under Secretary of State,

Colonial Office.

(Signed)

am, &c.,

JULIAN PAUNCEFOTE.

▲ 12916.-904. 25.-12/84.

PUBLIC RECORD OFFICE

CO.

Reference :-

885

12 PUBLIC RECORD OFFICE, LONDON

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