CO885-(13-15) — Page 490

5477.

No. 133.

(SIERRA LEONE.)

SIB,

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice, March 15, 1897.

WE were honoured with your commands, signified in Mr. Bramaton's letter of the 5th instant, stating that he was directed to transmit to us the accompanying correspondence with the Governor of Sierra Leone, from which we should perceive that a question had arisen as to the validity of the bond given by the sureties of the late Colonial Postmaster, J. H. Spaine.

That it would be seen that the Queen's Advocate in the Colony, after setting out the condition of the bond, expressed an opinion that it was doubtful whether the Colonial Government could realise on that security, as, in his opinion, there had been no breach of the rules and regulations for Her Majesty's Colonial Service.

That the facts of the case were shortly as follows:-

That Spaine was Postmaster of Sierra Leone, and also held the office of Clerk and Accountant to the Savings Bank connected with, and managed under, the Colonial Treasury.

That in 1894, a Commission of Inquiry was appointed to investigate Spaine's conduct as Postmaster, and reported, inter alia, that he had committed a breach of a written regulation forbidding Postal Officers to deal in used or unused stamps; but that though Spaine made a small profit by those transactions and used Government stamps for his own purposes, it could not be said that the Government actually sustained serious damage.

That subsequently Spaine was indicted for and convicted of forgery and embezzle- ment in connexion with the Savings Bank. That the record of the judicial proceedings had not been sent home. but that it was understood that Spaine in numerous cases forged the names of depositors to notices of withdrawal, and also omitted to bring to account sums received by him as Savings Bank Clerk, in both cases embezzling the money.

That upon the above facts two questions appeared to arise-

(1.) Whether Spaine committed a breach of the "Rules and Regulations of the

Colonial Civil Service" within the meaning of the bond; and

(2.) Whether, if so, he committed a breach in a capacity covered by the bond. That Mr. Bramston was to observe that Spaine, as Postmaster, had broken a written regulation; but that the more serious offences which he committed as Savings Bank Clerk were not infractions of any written regulations for the Colonial Service, as 'such regulations laid outside the provisions of the Criminal Law. That it might be suggested, however, that the rules referred to were not necessarily written rules, but included all rules which the Colonial Civil Service was required to observe, and that those included obedience to the law. That there was no code of special rules for that service which professed to exhaustively enumerate the duties of Civil servants, and that the ordinary Criminal Law was not specifially applied by the written rules of the Service, because it was of universal application.

That as regarded Spaine's capacity, Mr. Bramston was to observe that he was throughout Postmaster of the Colony, and as such was required to perform the duties of Savings Bank Clerk.

That Mr. Bramston was to request us to favour you with our opinion on the above points.

We have taken the matter into our consideration, and, in obedience to your commands, have the honour to

Report-

That we are of opinion that the sureties under the bond are responsible, and that, unless a reasonable compromise can be made, proceedings should be taken to enforce

the bond.

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

We have, &c.

RICHARD E. WEBSTER.

ROBERT B. FINLAY.

&c.

&c.

。

95386.-11.

25.-3/97.

&c.

PUBLIC RECORD OFFICE

P

بالنسباليسا

Reference :-

C.O.885

14 PUBLIC RECORD OFFICE, LONDON

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

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