CO885-(11-13) — Page 703

2"

That Sir Julian Pauncefote was to request that we would favour your Lordship with our opinion on the Spanish claim, and as to the reply which should be returned to the Spanish Minister's note of the 30th October.

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

Report

That, in our judgment, if the facts of the case as now submitted to us had been brought before the Vice-Admiralty Court at Gibraltar and established by satisfactory proofs, that Court would have ordered the restoration of the hulk to the Spanish authorities.

on

The decision of the Court upon the facts before it appears to have been right and proper; but as the proceedings for the sale of the hulk were instituted on behalf of

action any

the part the British Crown, it is to be regretted that, in the absence of of the Spanish Consul, notice was not given to the Court of the circumstances under which a protest had been made by the Spanish authorities.

The Spanish Minister should, in our opinion, be informed that Her Majesty's Government regret that the alleged wrongful act by which the hulk was taken out of the jurisdiction of the Spanish authorities was not brought to the notice of the Vice- Admiralty Court at Gibraltar; and further regret that it is no longer possible for the British Government to obtain legal possession of the hulk (which is probably no longer in existence), with the view of handing it over to the Spanish authorities.

We have, &c., (Signed)

RICHARD E. WEBSTER. J. E. GORST.

J. PARKER DEANE.

5921.

No. 66.

(MALTA.)

LAW OFFICERS to COLONIAL OFFICE. MY LORD,

Royal Courts of Justice, April 5, 1886. We were honoured with your Lordship's commands, signified in Mr. Wingfield's letter of the 22nd ultimo, stating that he was directed by your Lordship to invite our attention to the legal position in the Colony of Malta of certain old Maltese silver

coins.

That those coins were issued during the last century by the then sovereign authorities of Malta, and formed, apparently, the main portion of its currency.

That they appeared to have passed current freely, and might be taken to have formed the legal tender currency at the time of the occupation of the Island by the British forces, although your Lordship was not able to refer us to any legislative enactment to, that effect.

That their present position was explained in the extract from the Governor's Despatch, which was enclosed, and in the report of the Crown Advocate and accompanying documenta.

That it would be seen that doubt was felt whether those coins were not still legal tender; and that Mr. Wingfield was to request that we would take the matter into our consideration, and report whether, in our opinion, they had, notwithstanding the various enactments cited by the Crown Advocate, remained legal tender within Malta and its dependencies.

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

Report

That we are of opinion that, notwithstanding the various enactments cited in the opinion of the Crown Advocate, the Maltese coins referred to have not ceased to be legal tender within Malta and its dependencies.

We have, &c.,

The Right Hon. the Earl Granville, K.G.

&c.

(Signed)

&c.

&c.

C. RUSSELL. HORACE DAVEY.

A 20491.-6. 95,-4/86. G. 87.

PUBLIC RECORD OFFICE

Reference :-

C.O.885

13 PUBLIC RECORD OFFICE, LONDON

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