CO885-(13-15) — Page 4

21,815.

PUBLIC

ננוורב –

C.O.885

13 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- |

SIR,

No. 79.

(SIERRA LEONE.)

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice, November 30, 1886.

We were honoured with Mr. Bramston's letter of the 17th instant, stating that he was directed by you to invite our attention to the opinion (of which a copy was enclosed) given by our predecessors on the 5th of August last," relating to a proposed amendment of the Act 34 Victoria, chapter 8, in order to avoid the necessity of proving that persons charged under that Act were not the subjects of any civilized power.

That on the receipt of that Report you addressed an inquiry to the Officer Ad- ministering the Government of the West Africa Settlements, as to the nature of the evidence given and required in the caso of Makenkah, upon which the question had been raised, and that Mr. Bramston was to enclose copies of that despatch and of the Acting Governor's reply, and of the Report of the Law Officers in 1874, to which allusion was made.

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That it would be seen that the then Law Officers thought that a conviction under the Act in question could not be obtained "without some proof on the part of the prosecution that the prisoners were either British subjects, or not the subjects of any civilized power."

That you understood that opinion to mean that some prima facie evidence to that effect must be given for the prosecution, the onus being thrown upon the prisoner of rebutting such evidence.

That it appeared, however, to have been held in Sierra Leone that the prosecution must prove absolutely the point in question.

That Mr. Bramston was to point out that such a course would require proof of the negative proposition that the prisoner had not, at any time during his life, become the subject of any civilized power by naturalization or otherwise.

That under the present circumstances of West Africa, where the population was migratory, and there were possessions belonging to France, Germany, Spain, Portugal, and Liberia, it must always be impossible absolutely to prove such a proposition.

That Mr. Bramston was to inquire, therefore, whether we thought it necessary, for the prosecution in cases under the Act above mentioned, to give definite proof on the point in question, or merely to establish the jurisdiction by prima facie evidence, throwing upon the prisoner the onus of rebutting such evidence.

In compliance with the request contained in Mr. Bramston's letter we have the honour to

Report

That, in our opinion it is sufficient for the prosecution to establish the jurisdiction by primâ facie evidence, throwing upon the prisoner the onus of rebutting such evidence."

We have, &c., (Signed)

The Right Hon. Edward Stanhope, M P.,

&c.

&c.

&c.

• No. 74.

RICHARD E. WEBSTER. EDWARD CLARKE.

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▲ 20491-45. 25.—12/86. G. 37.

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