CO885-(11-13) — Page 71

7549.

No. 774.

(JAMAICA.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

We are honoured with your Lordship's commands, signified in Mr. Holland's

Temple, July 25, 1872. letter of the 23rd instant, stating that, with reference to the opinion expressed in our letter of 9th instant,* addressed to Earl Granville, that the Governor of Jamaica acted rightly on a recent occasion in releasing the "Edgar Stewart," he (Mr. Holland) was directed by the Earl of Kimberley to transmit to us an extract of Sir John Grant's Despatch on the subject, which had already been communicated to us in extenso, and to request that we would favour your Lordship with our opinion as to what answer should be returned to the question raised by Sir John Grant in paragraph 12, whether, under any circumstances, a vessel merely passing through a port without breaking bulk, and without intention of breaking bulk or entering cargo therein, having goods on board the importation of which into the islands was prohibited on pain of confie- cation and personal penalties, constituted such an importation as was prohibited by the Customs laws.

That he (Mr. Holland) was to add, that by a local law the provisions of the Imperial Customs Act, 16 & 17 Vict. c. 107., was adopted in Jamaica, and, as we are aware, one of the questions arising upon the seizure of the "Edgar Stewart" provisions of section 159 of the Imperial Act had been infringed.

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

Report

was whether the

We are of opinion that there is a breach of the customs laws whenever, in the words of the 159th section of 16 & 17 Vict. c. 107., the prohibited goods are imported or brought into the Colonial possession, and consequently the mere arrival in harbour of the ship with the goods on board is illegal; that, according to the comity of nations, such Customs laws are not enforced against a ship driven into harbour by stress of weather or for the mere purpose of taking in provisions, or getting repairs done, or obtaining other necessary aid to enable her to continue her voyage.

The Right Hon. the Earl Kimberley.

We have, &c. (Signed)

J. D. COLERIDGE. G. JESSEL.

16278-987. 25,--5/86.

• No. 766.

PUBLIC RECORD OFFICE

Reference :---

IPLIC.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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