CO885-(15-16) — Page 683

OPINION OF THE LAW OFFICERS of the CROWN AND MR. G. W. RICKETTS.

In our opinion there can be no doubt that enemy goods can be seized as prize in port.

We do not think that goods necessarily escape from the jurisdiction of the Prize Court merely because they are put on quay or in warehouse, if they can still. be regarded as cargo of a ship on which they could be properly seized. We think, therefore, that goods landed at Southampton or other ports in course of transit from German ports to South America or elsewhere, whether shipped on through bills of lading or under instructions to tranship and issue new bills of lading, are liable to seizure as prize while within the ordinary limits of the port, whether the port be that in which they have been landed or that from which they are to be re-embarked. We think, however, that seizures of this kind should only be made sparingly and with circumspection. The Crown would not in any case ask for more than deten- If there are any instances tion in the ease of goods in port at the outbreak of war.* of enemy goods brought in by neutral ships for transhipment we consider that it would be inadvisable to make any seizure on quay or in warehouse.

Law Officers" Department,

29th September, 1914.

JOHN SIMON.

STANLEY O. BUCKMASTER, G. W. RICKETTS.

is. When the Crown would only ask for detention if the goods were on board in port, it would seem best not to ask for a more gevare order merely because they are on dry land,—J.A,S.

41800

No. 179A

(SOUTH AFRICA: RHODESIA.)

COLONIAL OFFICE to LAW OFFICERS.

[Draft Supplemental Charter in regard to future administration by the British South Africa Company.]

GENTLEMEN,

Downing Street,

23rd November, 1914.

I AM directed by Mr. Secretary Harcourt to transmit to you a draft of a Supplemental Charter designed to give effect to certain arrangements which have been agreed to by the British South Africa Company in regard to the future administration of the territories controlled by the Company in virtue of the Charter of the 29th October, 1889.

1911.

2. The arrangements in question are embodied in the correspondence with the British South Africa Company, 30th June,

British South Africa Company noted in the margin, copies of which will be found To British South Africa Company, 6th in the enclosed Parliamentary Paper October, 1914.

[Cd. 7645]. It will be observed that, although in your report of the 14th March* you advised that the Crown has no power, either under the Charter or apart from its provisions, to shorten or vary the periods of ten years subsequent to the 29th October, 1914, at the end of which addition to, or alteration or repeal of, the administrative provisions of the Charter is possible, the Company have agreed to the issue of a Supplemental Charter pro- viding that, if at any time the Legislative Council of Southern Rhodesia shall by a majority of the whole number of the members of the Council as then constituted pass a resolution praying His Majesty to establish the form of government known as Responsible Government, it shall be lawful for His Majesty, for the purpose of establishing that form of government, to modify such of the provisions of the exist- ing Charter as relate to administrative and public matters.

3. The Company have also agreed to the arrangement proposed in paragraph 8 of the Colonial Office letter of the 6th October for limiting the amount of com- pensation which may be claimed under Article 33 of the principal Charter in respect of public works erected after the 29th October, 1914, which have been wholly or partly provided out of administrative revenue. This arrangement is embodied in Article 3 of the draft Supplemental Charter.

4. Mr. Harcourt would be glad if you would take these papers into considera- tion and advise whether the draft Supplemental Charter is of suitable form and gives due effect to these arrangements made with the British South Africa Com- pany. Copies of the Principal Charter and of the Supplemental Charter of the 8th June, 1900, will be found in Appendix II. and III. of the enclosed Parliamentary Paper,

I am, &c.,

HENRY LAMBERT, for the Under-Secretary of State.

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1.

51588

REPORT.

We approve the draft of the Supplemental Charter which it is proposed to grant to the British South Africa Company, as initialled by us. In our opinion this draft gives due effect to the arrangements which have been made with the Company.

Law Officers' Department,

24th December, 1914.

JOHN SIMON.

STANLEY BUCKMASTER.

• Law Officers' Opinions, Vol. VII., No. 171.

(4074—2.) Wt. 124–879

28. 3/15. D&S. G 1.

PUBLIC RECORD OFFICE

C.O.

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.885

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