CO885-(11-13) — Page 635

10,438.

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No. 14.

(QUEENSLAND.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

We were honoured with your Lordship's commands, signified in Mr. Bramston's

Royal Courts of Justice, 19th June 1884. letter of the 4th inst., stating that a question had arisen in the Colony of Queensland, whether a British subject who had been brought to Brisbane by a Swedish vessel on which he was serving could be given up under the provisions of the Foreign Deserters Act of 1852.

That, for the purposes of the case, he was to be taken as having in fact deserted from the ship; and that your Lordship would be glad to be favoured with our opinion, whether the man might have been legally surrendered under the above Act.

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

Report

That the power to give up deserters depends upon section 1 of the Foreign Deserters Act, 1852. By that section Her Majesty is empowered, by Order in Council, to declare that seamen, not being slaves, who desert from merchant ships belonging to a subject of a foreign power when within Her Majesty's dominions shall be liable to be apprehended, and carried on board their respective ships; and Her Majesty may limit the operation of such Order, and may render the operation thereof subject to such conditions and qualifications as may be deemed expedient. It appears that under the powers of this section an Order in Council has been made in relation to deserters belonging to Sweden.

We have thought it right to refer to that Order, and we find that it provides that seamen, not being slaves, and not being British subjects," who desert from Swedish merchant ships, may be dealt with in the manner provided by the Foreign Deserters We are of opinion, therefore, that the Order in Council being thus limited, the man in question could not have been legally surrendered under the above Act.

We have, &c.,

Act.

&c.

The Right Hon. the Earl of Derby,

&c.

&c.

(Signed)

HENRY JAMES. FARRER HERSCHELL.

!

▲ 15997.-17. 85-19/85.

PUBLIC RECORD OFFICE

C.O.885

Reference :-

13 PUBLIC RECORD OFFICE, LONDON

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

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