CO885-(11-13) — Page 539

12,583.

PUBLIC RECORD OFFICE

ווי

C.O.

Reference :-

885

12 PUBLIC RECORD OFFICE, LONDON

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

MY LORD,

No. 261.

(WESTERN PACIFIC.)

LAW OFFICERS to COLONIAL OFFICE.

WE were honoured with your Lordship's commands signified in Mr. Herbert's

Temple, 14th July 1881. letter of the 13th June last, stating that he was directed to transmit to us a copy of a Despatch from the High Commissioner for the Western Pacific, enclosing a transcript of rules by which certain legal powers would be conferred on naval officers in the Western Pacific,

That your Lordship approved the object and intention of those rules, but felt doubtful whether they were such as the High Commissioner was empowered to make; and Mr. Herbert was to request that we would take the accompanying papers into consideration, and advise your Lordship whether it was competent for the High Com; missioner, under the powers conferred by Article 152 of the Western Pacific Order in Council of 1877, a copy of which was enclosed, to make the rules in question.

That Mr. Herbert was at the same time to invite our attention to Articles 22, 198, 199, of the Order in Council.

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

Report

That although Article 152 of the Order in Council enables the High Commissioner to make rules for the better execution of the Order, the sub-sections which follow specify the subjects which may be dealt with by rules, and limit the general words of the first sub-section. It is clear that only the specified details of procedure can be dealt with by rule. The rules submitted, however, propose to confer on naval officers an important and novel jurisdiction, going quite beyond the matters of detail contemplated by the section.

Article 199, too, provides in what cases a warrant may be issued, and how it is to be executed. It is to be granted on certain conditions by defines "the court," which for the present purpose may be taken to be a deputy the court." Article 20 commissioner. It is clear that a naval officer could not constitute "the court," and that the rules are in direct conflict with the provisions of the Order, and are much more than a modification of Article 199.

The Right Hon. the Earl of Kimberley,

&c.

&c.

&c.

We have, &c.,

(Signed)

HENRY JAMES. FARRER HERSCHELL.

د

▲ 18916-249. 25.-12/84.