CO885-(13-15) — Page 566

"native

2

contended that any admixture of European blood--however slight-would prevent a person from being a

within the meaning of Article XIV. Such a person, though with a European strain, might have been born and brought up in a native tribe and bễ to all intents and purposes a native, But this cannot be predicated of the persons whose cases are now under consideration, and these persons appear to us to be entitled beyond all doubt to the protection of Article XIV, of the Convention of 1884.

17010.

We have, &c.,

RICHARD E. WEBSTER. ROBERT B. FINLAY.

.

&c.

The Right Honourable Joseph Chamberlain, M.P.,

&c. &c.

SIR,

No.182.

(GENERAL.)

¥

PEMULIN RECORD OFFICE

بالسالسا

-

Reference :-

C.O.

885

14 PUBLIC RECORD OFFICE, LONDON

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

LAW OFFICERS TO COLONIAL OFFICE.

Royal Courts of Justice, July 27, 1898. We were honoured with your commands, signified in Mr. H. Bertrum Cox's letter of the 12th instant, stating that he was directed by you to request us to favour you with our opinion upon the following question relating to the legal position of the Crown Agents for the Colonies.

That the Crown Agents for the Colonies had for many years past transacted the commercial, financial, and general business of the Crown Colonies in England under the instructions of the Governments of those Colonies, and of Her Majesty's Secretary of State for the Colonies for the time being.

That their duties consisted, amongst others, of issuing and managing the loans raised from time to time by the Crown Colonies and secured on their revenues, of the management of the commercial business of the Crown Colonies, of the issue and acceptance of tenders for work and materials, and the execution, superintendence, and enforcement of various contracts for works of a public nature-such as railways, harbours, &c., which they entered into either on behalf of the Governor or Government of such Colonies.

That they were also frequently entrusted with the selection and engagement of Colonial Officials, and they undertook the payment of salaries and pensions of all Colonial Officials when in this country.

That the Crown Agents for the Colonies were severally appointed whenever occasion arose by letter of the Secretary of State for the Colonies for the time being, but that their official position had never been defined by any Order in Council, Letters Patent, or Act of Parliament, but that a succinct statement of their position and functions would be found in an extract from a Memorandum by Sir Penrose Julyan, printed on pp. 5 to 8 of the accompanying Parliamentary Paper, C. 3075, of 1881.

That forms of contracts entered into by the Crown Agents, of tenders for Colonial Loans issued by them, and of the Agreement entered into by them in connection with the appointment of Colonial Officials were enclosed for reference.

That it devolved upon the Crown Agents, from time to time, to recover sums of money from Officials who broke their Contracts and otherwise. That they had for many years past brought such actions in the name of "The Crown Agents for the Colonies" on behalf of specific Colonial Governments, and that they had entered into and signed a great number of Contracts (in the form enclosed with Mr. Cox's letter), which contained an indemnity clause in respect of the individual Crown Agents.

That in an action to recover certain moneys brought by "The Crown Agents for the Colonies," on behalf of the Government of the Straits Settlements, against a Mr. Hoyle, to recover a small sum of money due to that Government, the question as to whether the Crown Agents for the Colonies were entitled to sue in their official style on behalf of a Colonial Government without the express authority of such Government and under Power of Attorney had been raised by the defendant in his defence, and that it was considered advisable to have the question thus raised now settled.

That in the winding-up of "The New Oriental Bank Corporation," the "Crown Agents for the Colonies" acted, and were represented by Counsel in the proceedings, on behalf of the Colonies of Ceylon. Mauritius, Straits Settlements, and Hong Kong, and that Bills endorsed by them in their official style, on behalf of those Governments, were declared to be Crown debts, and given preference accordingly in the distribution of assets, but that the point as to their title to so prove was not disputed, and that when it was necessary in the proceedings for the Government of Ceylon to give a Notice of Motion, the motion was made, on the advice of Counsel, by the Crown Agents, in the names of the Attorney-General for Ceylon and Her Majesty's Attorney-General, and that, again the point as to the Crown Agents' power to sue in the name of the Attorney-General for the Government of Ceylon without a special Power of Attorney, or other authority, was not disputed.

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