CO885-(11-13) — Page 628

4552.

PUBLIC RECORD OFFICE

C.O.885

Reference :-

13 PUBLIC RECORD OFFICE, LONDON

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

No. 8.

(GENERAL.)

LAW OFFICERS to ADMIRALTY.

FURTHER CASE No. 3.

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Colonial Naval Defence Act, 1865. 28th Vict. c. 14.

Two former cases and opinions (and copies Order in Council) of the Law Officers and Mr. Staveley Hill are left herewith.

66

The Orders in Council were passed at a Council held at Windsor on 4th March 1884. The vessels "Victoria,” Albert," and "Childers" having been placed at Her Majesty's disposal by the Government of Victoria, in accordance with s. 1 of the Victorian Act No. 417 (enclosure to further case herewith), the Admiralty having been authorised to that effect by the Order in Council passed under s. 6 of the Naval Defence Act, propose to accept the offer, and to direct Captain Thomas to place himself, on the arrival of the ships in the Red Sea, under the orders of Sir William Hewett, with a view to the ships being employed on active service, if necessary. But before doing so their Lordships desire to be advised further on several points arising under the 6th section of the Colonial Naval Defence Act.

The latter part of that section is as follows:-

And while any vessel accepted by the Admiralty under such authority is at the disposal of Her Majesty, such vessel shall be deemed to all intents a vessel of war of the Royal Navy, and the men and officers from time to time serving in such vessels shall be deemed to all intents men and officers of the Royal Navy, and shall accordingly be subject to all enactments and regulations for the time being in force for the discipline of the Royal Navy."

Section 9 of the same Act is as follows:

"Nothing done under this Act by Order in Council, or by the Admiralty, or otherwise, shall impose any charge on the revenues of the United Kingdom without express provision made by Parliament for meeting the same.'

The Law Officers and Mr. Staveley Hill are requested to advise as follows:—

1. Will the men and officers in question, while such ships are at the disposal of Her Majesty, become entitled to the pay of their rank as men and officers of the Royal Navy under the Queen's Regulations and Admiralty Instructions?

2. If so, on whom rests the obligation to pay, on the Colonial or the Imperial Government? (See 8. 9 above.)

The officers now serving on the ships in question are, with one exception, commissioned officers of the Royal Navy, on the active list, to whom commissions have been, or, it is presumed, will be granted by the Colonial Government under 8. 5 of the Victorian Act of 1870, who also hold their Admiralty commissions as captains or lieutenants in the Royal Navy, and who have been placed on half-pay by the Admiralty to allow them to accept Colonial employment. (For the terms of Captain Thomas's appointment see further case.)

3. Must the Admiralty obtain authority from Her Majesty in Council, under 8. 5 of the Colonial Defence Act, to issue special commissions to the officers in question.

4. If so, on what conditions should such commissions be issued.

5. What is to be done in the case of retired officers of the Navy (one of whom is in command of one of the ships in question) if the Law Officers and Mr. Staveley Hill are of opinion that the power to issue commissions under s. 5 “to any officer of the Royal Navy" would not include a retired officer, who is practically a civilian.

(A similar question would arise in the event of an officer of the merchant service accepting a commission from a Colonial Government, and of his ship being placed at Her Majesty's disposal by a Colony in a time of war.).

A

15927-66. 35.-19/85.