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8281.

PUBLIC RECORD OFFICE

Reference :-

mwimmimC.O. 885

14 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

MY LORD,

No. 106.

(CANADA. GENERAL,)

LAW OFFICERS to FOREIGN OFFICE.

Royal Courts of Justice, April 13, 1896. We were honoured with your Lordship's commands signified in Sir H. Percy Anderson's letter of the 2nd instant with reference to certain proposed amendments to the Diseases of Animals Bill 1896.

Sir Percy Anderson was to request our opinion on the following special points, viz: Whether the exceptional treatment contemplated in the Bill was consistent with the treaty obligations of this country with other foreign Powers-

(a.) In the case of British Colonies generally, or of the Colonies specified in particular; (b.) In the case of Iceland.

We have taken the matter into our consideration, and, in obedience to your Lordship's commanda, have the honour to

Report-

(a) That in the case of British Colonies generally and of the Colonies specified in particular we are of opinion that the exceptional treatment contemplated in the amendments to the Bill which relate to these Colonies is consistent with the treaty obligations of this country to foreign Powers.

Article VIII. of the treaty with Switzerland of 6th September 1855 appears to us in no way to fetter the power of this country to confer such a privilege upon cattle coming from Canada or any other Colony. Article VIII. confers the same privileges on Swiss citizens as may be enjoyed by subjects or citizens of the most favoured nation, or by the subjects of Great Britain. Swiss citizens will, if the Colonies be excepted, be exactly in the same position with regard to the importation of cattle into the United Kingdom as subjects or citizens of the most favoured nation, or as British subjects themselves whether belonging to the United Kingdom or the Colonies. Cattle coming from an exempted Colony, by whomsoever imported, need not be slaughtered. Cattle coming from another country or Colony not excepted, by whomsoever imported, must be slaughtered.

·

Articles II. and III. of the treaty with France of the 28th February 1882 guaranteed to France the same treatment as may be accorded to other nations. But a British Colony is not, in our opinion, included within the words "most favoured nation"

or "other nations" and these Articles have therefore no application. The same observation applies to Articles II. and V. of the treaty with the Zollverein of 30th May 1865. A British Colony is not a "third country of Article II. nor is it comprised within the term "other nations

within the meaning Article VII. of the same treaty seems to us also to have no application, as we think in Article V. that both in its express terms and in the incorporation of Articles I. to VI. as applied to the Colonies its object was merely to place the Colonies in the same position with reference to the Zollverein as the United Kingdom, and its provisions relate only to traffic between the Colonies and the Zollverein, and cannot, either directly or indirectly, affect traffic between the Colonies and the United Kingdom.

(b.) In the case of Iceland, we are of opinion that the exceptional treatment contemplated by the amendment to the Bill is not consistent with the treaty obligations of this country to foreign Powers.

Icelaud is part of a foreign country, being a dependency of Denmark. And it appears to us clear that privileges extended to any part of a foreign country, must, under the most-favoured-nation clauses in such treaties as those with France and Germany be extended also to the countries with which these treaties have been made. In strictness perhaps it might be said that a provision that cattle shall be slaughtered as soon as landed is not a prohibition of their importation. But in substance it is, and we think that it must be treated as falling within the terms of Article III. of the French treaty and Article V. of the German treaty. Even if this point were arguable, Article II. of the German treaty with reference to the treatment of the produce of the States of the Zollverein imported into this country would render impossible the enforcement in their case of a provision for slaughter on landing of cattle which did not apply to cattle from all foreign countries.

V 90596.-16. 25.-4/96.