CO885-(13-15) — Page 464

14972.

PUBLIC RECORD OFFICE

Reference:

11 C.O.885

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14 PUBLIC RECORD OFFICE, LONDON

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

1

SIR,

No. 112.

(BAHAMAS)

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice, July 15, 1896.

No. 31, 8 Apr.

No. 18, 25 Apr.

WE were honoured with your commands, signified in Mr. Wingfield's letter of the 4th instant, stating that you had directed him to transmit to us, for our considera- Go to ... tion, the accompanying copies of correspondence with the Governor of the Bahamas on 8.8. to Gov., the subject of arms and ammunition which had been seized at Grassy Cays and Cay Gov. to S.S., Sall in that Colony, and declared forfeited to the Crown by the Colonial Court of No. 37, 8 June. Admiralty.

That in the Bahamas, the revenue derived from Crown Lands was not treated as part of the public revenue disposable by the Colonial Legislature, but was retained under the control of the Crown and applied for Colonial purposes under the direction of the Secretary of State.

That it would be observed that the Governor proposed to treat the proceeds of the arms and ammunition forfeited under the Foreign Enlistment Act as Crown revenue not subject to the control of the Legislature, and that he had defrayed the expenses incurred in their seizure and forfeiture out of Crown revenue.

1870, Oct. 5.

That a similar course was adopted in 1871 with respect to the proceeds of the sale 1870, May 13. of a ship forfeited under the Foreign Enlistment Act of 1819 and that Mr. Wingfield 1871, Mar. 2. was to enclose copies of three reports of the Law Officers* relating to that case.

That those reports were based on provisions of the Act of 1819 which were not re-enacted in the Foreign Enlistment Act of 1870, but that the provisions of the latter Act appeared to be at least as favourable to the view adopted in 1871 and now taken by the Governor as those of the former Act.

That Mr. Wingfield was to request that we would favour you with our opinion on the following questions:-

Whether the proceels of the sale of the arms and ammunition forfeited, in the circumstances set forth in the despatches submitted to us. under the Foreign Enlist- ment Act of 1870 in the Colonial Court of Admiralty, should properly be treated as Crown revenue, disposable, like the revenue derived from Crown lands, by the Crown, and not as public revenue disposable by the Colonial Legislature, and whether the expenses of the Colonial Government connected with the enforcement of the Foreign Enlistment Act, should be borne by Crown revenue.

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We have taken the matter into our consideration, and, iu obedience to your commands, have the honour to--.

Report-

That, unless there be some Act of the Bahamas Legislature duly assented to by the Crown dealing with the matter, we are of opinion that the proceeds of the sale of the arms and ammunition in question should properly be treated as Crown revenue dis- posable, like the revenue derived from Crown Lands, by the Crown, and not as public revenue disposable by the Colonial Legislature.

We are further of opinion that the expenses of the Colonial Government connected with the enforcement of the Foreign Enlistment Act should be borne by the Crown

We have, &c.

revenue.

RICHARD E. WEBSTER. ROBERT B. FINLAY.

The Right Hon. Joseph Chamberlain, M.P.,

&c. &c.

&c.

• Nos. 640, 864, 691 (Vol. II.).

0 90536.-23. 25.-7,96.

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