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PUBLIC RECORD OFFICE

CO.

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885

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH—NOT TO

12 PUBLIC RECORD OFFICE, LONDON

MY LORD,

No. 232.

(CAPE OF GOOD HOPE.)

LAW OFFICERS to COLONIAL OFFICE.

Temple, 3rd August 1880. We were honoured with your Lordship's commands, signified in Mr. Wingfield's letter of the 28th June last, stating that he was directed by your Lordship to invite our attention to the following Acts of Parliament

26 & 27 Vict. cap. 35.

6 & 7 Vict. cap. 94.

28 & 29 Vict. cap. 116.

29 & 30 Vict. cap. 87. Foreign Jurisdiction Acts, 1843 to 1878,

38 & 39 Vict. cap. 85.

41 & 42 Vict. cap. 67.

and to request that we would advise your Lordship on the following points :-

That, owing to the increase of population and to the development of trade and intercourse with the natives in the interior of South Africa, consequent upon the acquisition by Her Majesty of the territories now known as Griqualand West and the Transvaal, the provisions of the Act 26 & 27 Vict. cap. 35., were no longer sufficient for dealing with offences committed by British subjects in the native territories adjacent to and to the northward of Her Majesty's possessions in South Africa, and beyond the 25th degree of south latitude. That it had therefore become necessary for your Lordship to consider the best method for extending Her Majesty's jurisdiction so as to meet the case of such offenders.

That similar powers to those conferred upon the Courts in South Africa by the last- mentioned Acts were conferred upon the Courts of Sierra Leone, Gambia, Gold Coast and Lagos by the Acts of 24 & 25 Vict. cap. 31., and 34 Vict. cap. 8., and upon the Courts of the Straits Settlements by the Act 37 and 38 Vict. cap. 38.

That your Lordship, however, was of opinion that, if practicable, it might be preferable to take advantage of the Foreign Jurisdiction Acts, and to proceed by Order in Council instead of applying to Parliament for an extension of the Act 26 & 27 Vict. cap. 35., and with that object to obtain from the chiefs of the several tribes treaties granting to Her Majesty power and jurisdiction within their respective territories, and thereafter by Order in Council under the Act 38 & 39 Vict. cap. 87., to assign to such of the Courts in Her Majesty's possessions in South Africa as she might be advised jurisdiction over offenders in such of the aforesaid territories as might be proper, with such regulations as might be necessary respecting the exercise of the jurisdiction so assigned.

That it had, however, been suggested that, inasmuch as Parliament by the Act 26 & 27 Vict. cap. 35. had already provided a special mode of dealing with offences in the native territories of South Africa, it was no longer competent to Her Majesty to vary the mode without having recourse to Parliament.

That Mr. Wingfield was therefore to request that we would be good enough to favour your Lordship with our opinion-

1. Whether it was competent for Her Majesty to take any steps in that matter except under the sanction of a special Act of Parliament.

2. Whether it was competent to Her Majesty to proceed in the manner above indicated under the powers conferred by the Foreign Jurisdiction Acts, 1843-1878.

3. Whether it would be lawful in any Order in Council under the Foreign Jurisdiction Acts to include a provision empowering the Courts to which jurisdiction was assigned to issue a subpoena to enforce the attendance of a witness resident in the native territories.

4. Whether it was competent to Her Majesty to acquire by treaty with native chiefs jurisdiction over persons, subjects of foreign civilized States, resident within the territories of such chiefs, so as to make such persons amenable to the Courts of Her Majesty's possessions in South Africa.

That Mr. Wingfield was also to request that we would favour your Lordship with any observations that might occur to us generally upon the matter.

▲ 12916-819. 25.-12/84.

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

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