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seizure is whether the military operations of the enemy are being assisted, and that ordinarily speaking it is the carriage of military persons which is obnoxions.

It is submitted that the same test is applicable in regard to the carriage of escaped prisoners of war, and that as regards a neutral ship on the high seas regard must be had to the destination of the ship and other facts in each case.

It should be added that the Law Officers in paragraph 4 of their Opinion of 26th March, 1900, advised that military persons in the actual service of the enemy cannot be taken out of neutral vessels without the institution of proceedings against such vessels.

The Opinion of the Lane Officers is requested on the following questions :-

(1) Whether, and in what circumstances, an escaped prisoner of war would come

within the category of persons whose seizure would be justifiable—

(i) On board British ships?

(ii) On board neutral ships in British territorial waters ? (iii) On board neutral ships on the high scas ?

(2) Whether, if the Law Officers are of opinion that in any of the above cases the seizure of escaped prisoners of war would be justifiable, the seizure could properly be effected unless proceedings were instituted against the vessel ? (3) Whether proceedings should only be instituted where there is evidence of guilty knowledge on the part of the shipowner or of his captain or agent? (4) Whether neutral ships may be searched-

(a) within British territorial waters

(b) on the high seas—

on suspicion that an escaped prisoner of war is on board ?

(5) Generally upon the above matter.

Opinion-

1. An escaped prisoner of war might be seized on board a British ship anywhere- on board a foreign public vessel nowhere-on board a neutral private vessel in a British He should not be seized on a merely passing port, but certainly not on the high sens. neutral private ship, though in British territorial waters-he might, we think, be seized on board such a ship there if the prisoner had been taken on board in a British port which the vessel had just left, but we recommend that this should be done only in cases of great

urgency.

2 and 3. No such proceedings are possible, for merely conveying an escaped prisoner. 4. On the high seas-certainly not; in a British port-yes, if the vessel is not a public one; in territorial waters-only subject to the limitations indicated in our answer to question 1.

Generally-

We have nothing to add except that there is no analogy between carriage of contraband and that of an escaped prisoner.

R. B. FINLAY. EDWARD CARSON.

Law Officers' Department.

6111.

SIR,

No. 128.

(NEWFOUNDLAND.)

LAW OFFICERS to COLONIAL OFFICE.

[Tenure of Land on the Treaty Shore.]

Royal Courts of Justice, February 12, 1902,

We were honoured with your commands signified to us in Mr. Bertram Cox's letter of the 14th ultimo, stating that he was directed by you to request us to take into our consideration the accompanying Memorandum and papers appended, on the Tenure of Land on the Treaty Shore of Newfoundland, and to advise whether, in our opinion,

(a.) His Majesty's Government had a right to insist on Grants or Leases of land on the Shore being made in the form and subject to the conditions set forth, and

(b.) Whether, if so, His Majesty's Government had the right to enforce the conditions, and if so, by what means, or whether it was entirely a matter for the Colonial Government to enforce the conditions, and to take any legal action that might be necessary for that purpose?

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

Report-

That (1.) In our opinion His Majesty's Government have a right to insist on special conditions being inserted in grants or leases of land on the Shore such as those specified, or such others as may be considered necessary to uphold the French Treaty rights.

(2.) It is the duty of the Colonial Government to enforce such conditions.

His Majesty's Government can only enforce such conditions through the Colonial Government, and should the Colonial Government decline to do so, the only course open to His Majesty's Government is to put such pressure upon them through the powers of the Governor as may be thought expedient.

The Right Honourable Joseph Chamberlain, M.P.,

&c.,

&c.,

&c.

We have, &c.,

R. B. FINLAY. EDWARD CARSON.

10th February, 1902.

11009—25-2/1909 Wt 361 D & S B

PUBLIC RECORD OFFICE

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