CO885-(15-16) — Page 64

30738.

No. 51.

(BERMUDA.)

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SIR,

LAW OFFICERS TO COLONIAL OFFICE.

Royal Courts of Justice, September 19th, 1900. WE were honoured with your commands signified to us in Mr. Bertram Cox's letter of the 24th ultimo, stating that he was directed by you to request our consideration of certain questions which had arisen with regard to the payment of an Imperial pension granted to Mr. William T. Roberts as late Schoolmaster in the Convict Establishment of Bermuda.

That Mr. Roberts who had been acting as Manager of the St. George's Branch of the Bermuda Savings Bank was convicted of the embezzlement of money belonging to the Bank in October. 1898, and sentenced to 18 months' imprisonment.

That a report of the proceedings at the trial was transmitted with Mr. Bertram Cox's letter.

That Mr. Bertram Cox was to call our attention to sections 2 and 48 of the Act of Bermuda, No. 10 of 1839, and to section 1 of Bermuda Act, No. 25 of 1898. That it would be seen that the latter Act was not in operation at the time of the trial of Mr. Roberts. That the Imperial Statute 33 & 34 Vict. c. 23 (The Forfeiture Act, 1870), provided (s. 2) that if any person convicted of felony, and sentenced to a term of imprisonment exceeding 12 months should at the time of conviction be entitled to any pension payable out of any public fund, such pension should forthwith determine. That the question had arisen whether, having regard to the provisions of that Statute, the Imperial pension to Mr. Roberts was still payable.

Office.

That Mr. Bertram Cox was further to enclose correspondence which had passed Treasury to between the Colonial Office and the Lords Commissioners of Her Majesty's Treasury with Colonial reference to the payment of the pension in question, and was to refer us in addition to the. cases cited in the letter from Sir Francis Mowatt of the 13th July, to the Colonial Office, Colonial

7 May. to the case of Conybeare e. The London School Board, reported in L.R. 1891, 1 Q.B., at Office to page 118.

and to advise :-

Treasury,

That Mr. Bertram Cox was to request us to take these papers into our consideration 9 May

Treasury to Colonial

1. Whether, having regard to the provisions of the Forfeiture Act, 1870, the Imperial Office, Pension payable to Mr. Roberts has, or has not determined.

6 June.

2. Generally.

י

Treasury to Colonial

In obedience to your commands we have taken the papers into our consideration, Office, and have the honour to

Report—

26 June. Colonial Office to Treasury,

3 July.

That, in our opinion, the Imperial pension payable to Mr. Roberts, determined upon his conviction and sentence to eighteen months' imprisonment.

Treasury to Colonial

Office,

The crime of which Mr. Roberts was convicted is a felony according to English law as 13 July.

well as that of Bermuda.

Forfeiture by the common law occurs on a conviction for felony in a colony. (Bateman's Trusts, L.R. 15, Eg. 355), and there does not appear to be any local statute to affect this in Bermuda.

We do not think that the Imperial Statute of 1870 applies, but if it did, there would

be forfeiture under that statute.

The Right Honourable Joseph Chamberlain, M.P.,

&c..

&c.,

6809-23—9;1500 Wt 324 D & S 5

&c.

We have, &c.,

R. B. FINLAY. EDWARD CARSON.

PUBLIC RECORD OFFICE

C.O. 885

Reference :-

15 PUBLIC RECORD OFFICE, LONDON

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

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