CO885-(13-15) — Page 368

6679.

MY LORD,

No. 60.

(GAMBIA.)

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice, April 18, 1894. We were honoured with your Lordship's commands, signified in Mr. Bramston's letter of the 13th instant, stating that he was directed by your Lordship to transmit for our consideration the accompanying documents relating to the pending trial of a Native prisoner at the Gambia:

1. Application by the Supreme Court of the Gambia submitting questions under section 4 of the Foreign Jurisdiction Act, 1890.

2. Draft decision of the Secretary of State.

3. Draft Despatch to the Governor.

That Mr. Bramston was to say that the Gambia was a very small place; that the Judge of the Supreme Court was only styled Chief Magistrate and was a Native of West Africa; and that your Lordship would be glad to give him such assistance as

you properly could.

That Mr. Bramston was accordingly to ask us to favour your Lordship with our opinion whether the draft decision of the Secretary of State, and the draft Despatch were correctly framed and might be transmitted to the Colony.

That it would be seen that the case stood adjourned for the receipt of a reply to the application of the Court and that Mr. Bramston was to enclose telegraphic correspondence which had passed since the application was received by copy of your Lordship.

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

Report-

That we have considered the draft decision of the Secretary of State and draft Despatch to the Governor which are identified by our initials.

In our opinion the drafts are correctly framed, and communications in the terms of

the drafts may properly be transmitted to the Colony.

The Most Hon.

The Marquess of Ripon, K.G.,

&c. &c. &c.

We have, &c. (Signed)

C. RUSSELL. JOHN RIGBY.

PUBLIC RECORD OFFICE

Reference :-

TTILL C.O. 885

14 PUBLIC RECORD OFFICE, LONDON

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

DRAFT ANSWER returned by the Secretary of State to a question framed by the Supreme Court of the Gambia under Section 4 of the Foreign Jurisdiction Act 1890 as to the existence or extent of the Jurisdiction of Her Majesty at Swarra Kunda.

The Supreme Court asks, “Has the Supreme Court of the Gambia, jurisdiction to try the prisoner?" meaning a certain native who at the instance of the Alcaide of Swarra Kunda has been brought before the Court charged with the manslaughter of his wife at Swarra Kunda, a place in a foreign country.

The question as thus framed is not within the terms of the fourth section of the Foreign Jurisdiction Act, 1890, by which I am only empowered to answer questions of fact as to the existence or extent of any jurisdiction of Her Majesty in a foreign country, But inasmuch as Her Majesty has by Order in Council, dated the 23rd of November 1893, conferred upon the Courts of the Colony of the Gambia in respect of matters Occurring within the territories adjacent to the Colony, so far as such matters are within the jurisdiction of Her Majesty, the same jurisdiction, civil and criminal, original, and appellate as they possess in respect to matters occurring within the Colony, the answer to the question framed by the Court depends upon the existence and extent of Her Majesty's jurisdiction at Swarra Kunda. Î therefore shall deal with the question

as if I were asked :--

0 79871.-17. 25.-5/94.