CO885-(15-16) — Page 562

17438

No. 116.

(NORTHERN NIGERIA.)

LAW OFFICERS to COLONIAL OFFICE.

[Questions as to the right of the Crown to dispose of the property of a bastard who had died in the Protectorate unmarried and intestate.]

MY LORD,

Royal Courts of Justice,

21st May, 1909. WE were honoured with Your Lordship's commands, signified to us in Mr. Antrobus's letter of the 11th March last, stating that he was directed by Your Lordship to inform us that the question had arisen in the Protectorate of Northern Nigeria whether the Crown possessed the right to take possession and dispose of the property of a bastard who had died in that Protectorate unmarried and intestate. That Mr. Antrobus was to enclose the instruments which made provision for the Government of Northern Nigeria, and that he was further directed to inform us that there was no legislation in Northern Nigeria making specific provision for the case, but that by Section 13 of the Supreme Court Proclamation, No. 6 of 1902, it was provided that "subject to the terms of this or any other Proclamation made for the Protectorate, the common law, the doctrines of equity, and the statutes of general application which were in force in England on the 1st of January, 1900, shall, so far as applicable, be in force in the Protectorate."

That in these circumstances Mr. Antrobus was to request us to be so good as to take the matter into our consideration, and report,

(1) Whether, in our opinion, the Crown possessed the right to take possession and dispose of the property in question in virtue of the provision above quoted, applying the common law of England to the Protectorate? or

(2) If not, whether it possessed such right in virtue of its Protectorate over Northern Nigeria? and

(3) Generally as to the right of the Crown with respect to bona vacantia in a Protectorate to which the common law of England (a) had, and (b) had not been applied.

We have taken the matter into our consideration, and, in obedience to Your Lordship's commands, have the honour to

Report-

1. That in our opinion the Crown in Northern Nigeria possesses the right to take possession and dispose of the property in question in virtue of the provision applying the common law of England to the Protectorate. We understand the facts to be, that Peter Thompson, a British subject, born in Scotland of illegitimate birth, died in 1903 in Northern Nigeria unmarried and intestate leaving there the goods in question.

2. This question does not arise.

3. (a), (b). The considerations on which the decision of this question must depend may vary to a degree which makes it undesirable, in our opinion, to attempt to lay down any rule of general application.

The Right Honourable

The Earl of Crewe, K.G.,

&c.,

&c.,

(13446-2.) Wt. 96-$32. 25. 6/09, D & S

1

&c.

We have, &c..

W. S. ROBSON.

S. T. EVANS.

PUBLIC RECORD OFFICE

C.O.885

Reference :-

16 PUBLIC RECORD OFFICE, LONDON

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