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Generally. There is not the slightest analogy between the Colonies to which the Act 18 Geo. III., cap. 12, applied and Malta. The right to tax in Malta depends on the Constitution which has been conferred upon it, and by that Constitution' the power to legislate for all purposes affecting the government of the Island ie, in terms, reserved to His Majesty in Council. There is nothing whatever in the Letters Patent to support the contention that the power to tax conferred on the Council is exclusive: on the contrary this contention is clearly negatived by the terms of clause 44 read along with clauses 24-31.

1 have, &c.,

R. B. FINLAY,

The Right Honourable J. Chamberlain, M.P., &c., &c., &c.

34756.

I.

ini

No. 106.

(NATAL.)

سلنا

PUBLIC RECORD OFFICE

Reference :-

C.O. 885

15 PUBLIC RECORD OFFICE, LONDON

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

SIB,

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice,

3rd October, 1901.

We were honoured with your commands, signified in Mr. H. Bertràm Gór's letter of the 23rd August last, stating that he was directed to request us to take into con- sideration, and to favour you with our Report on a proposal which had been made by the Durban Chamber of Commerce to strengthen the jurisdiction of the Natal Law Courts over persons carrying on some part of their business in that Colony but residing elsewhere.

That Mr. Bertram Cox was to transmit to us a despatch, dated 15th January, 1901, from the Governor of Natal, together with copies of an extract from a Report adopted at a General Meeting of the Durban Chamber of Commerce on the 20th November, 1900, a Minute by the Acting Chief Justice of Natal, dated 10th December, 1900, and other papers accompanying the despatch referred to.

That on the 27th February those papers were laid before the Board of Trade with a request that you might be furnished with their observations thereon.

That on the 2nd August the Board forwarded their observations, transmitting therewith copies of an Opinion by Mr. Muir MacKenzie, dated 22nd April, a Memorandum by the Inspector-General in Bankruptcy, dated 25th April, and a further Opinion by Mr. Muir MacKenzie, dated 29th May.

That Mr. Bertram Cox was to request us to take the above-mentioned papers into our consideration, and to report—--

(1.) Whether we concurred generally in the Board of Trade's Observations and the Opinion of Mr. Muir MacKenzie ?

(2.) Whether legislation of the character proposed by the Durban Chamber of Commerce was desirable?

(3.) If the answer to the last question was in the affirmative, upon what lines such legislation should proceed?

(4.) Generally.

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

Report-

1. That we concur generally in the observations of the Board of Trade, and in the opinion of Mr. Muir MacKenzie so far as it is material to the questions raised by the despatch of the Governor of Natal.

2. We do not consider that further legislation is necessary at present to remedy the evils complained of by the Durban Chamber of Commerce. If proper rules on the lines of Order XI., and the draft rules proposed by Mr. Muir MacKenzie, are framed under Section 69 of the Supreme Court Act, 1896, of the Colony of Natal, the plaintiff will be able to bring the defendant before the Courts of Natal and to obtain judgment in those Courts against him (Ashbury r. Ellis, 1893, A.C., p. 339). Whether that judgment will be enforced by the Courts of another country must always be a question for the Courts of that country to determine: and, at any rate, the resident in Natal will be in no worse position than the resident in England with regard to the bringing of an action in a foreign country on the judgment he has obtained in England or Natal, as the case may be.

3. We are of opinion that the proposal of the Acting Chief Justice, that all foreigners should be required by statute, before they carry on business in Natal, to file in some

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