CO885-(16-18) — Page 14

PUBLIC RECORD OFFICE

Reference-

C.O.885

16 PUBLIC RECORD OFFICE, LONDON

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

REPORT.

We deal first with the arrests. It appears that all the persons arrested were German reservists, with the exception of one man who was offered his liberty, but preferred to be interned with his fellow subjects. Some of the arrested persons, including Brünger (who had been treated with much consideration), were guilty of suspicious conduct, and a rising in the country behind Warri was attributed to German intrigue. We do not think that the provisions of the Berlin Act in question which relate exclusively to the freedom of the navigation of the Niger can be construed as limiting or derogating from the right to arrest and intern or deport enemy subjects in British territory when such a course is for military reasons expedient, whether on the ground that enemy subjects are reservists or are fomenting risings or otherwise.

Next as to the ships. It may perhaps be doubted whether articles 30 and 33 of the Niger clauses in the Act of Berlin were intended to give to the vessels of enemy subjects using the Niger (including vessels in British Niger ports) absolute immunity from seizure in time of war. But however that may be, it does not appear to us that there has been any breach of those articles by the authorities of the Protectorate. On the outbreak of war permission was given to Mr. Brünger's company to continue its operations on terms which were accepted by him; but on the arrest of the employees of the company it was no longer possible for the company to continue trailing as before, and provision had to be made for the custody of its vessels. Some of these have been kept under guardianship or handed over to the care of the Receiver of Enemy Property. Others have been used for State purposes, the obligation of paying to the Receiver fair compensation for their use being fully recognised. No question of freedom of navigation or of the usages of commerce has since arisen; and it is difficult to see what other course could have been followed having regard to the arrest of all the members of the company's staff.

In the above circumstances it does not appear to us that the action taken by the authorities of the Protectorate as described in papers D and E involves any breach of international law as contained in the Berlin Act or otherwise.

sense.

We think that a reply should be sent to the American Ambassador in the above

FREDERICK SMITH. GEO. CAVE.

Law Officers' Department,

January 6, 1916.

F

38876

No. 196. A.

(GENERAL.)

COLONIAL OFFICE to LAW OFFICERS.

[Application to the Dominions, Colonies, &c., of the Marriage of British Subjects (Facilities) Act, 1915 (5 & 6 George V., chap. 40).]

GENTLEMEN,

Downing Street,

5th October, 1915.

I AM directed by Mr. Secretary Bonar Law to request that you will furnish him with your opinion on the following question which has arisen in connexion with the Marriage of British Subjects (Facilities) Act, 1915 (5 & 6 George V., chap. 40).

2. Under this Act (a copy of which is enclosed for reference) it is laid down that the first section may be applied by Order in Council to any part of His Majesty's dominions in cases where His Majesty is satisfied that the law in force in that part provides--

(a) for the giving of notice there in respect of a marriage intended to be

solemnized in the United Kingdom; and

(b) for the recognition of certificates issued in the United Kingdom as sufficient notice in respect of marriages intended to be solemnized in that part.

3. It will be seen from the enclosed copy of a despatch from the Governor-

No. 497, 12th August, 1915.

General of Canada, that, whilst the Govern ment of Nova Scotia is willing to pass legislation providing for the giving of notice in the Province in respect of marriages intended to be solemnized in the United Kingdom, that Government thinks it unnecessary to legislate to provide for the recognition of certificates issued in the United Kingdom as sufficient notice in respect of marriages intended to be solemnized in Nova Scotia, on the ground that under the local law in force (which will be found on pages 220 ff. of Volume II. of the Revised Statutes of Nova Scotia, 1900, a copy of which is enclosed for reference) no notice whatever is required by the party to an intended marriage who is non-resident in the Province.

4. It appears to Mr. Bonar Law that this position creates some difficulty, inasmuch as the Imperial Act requires that, before it can be applied to Nova Scotia by Order in Council, local legislation is needed on both the points referred to in paragraph 2 of this letter. The Secretary of State is, moreover, advised that the same difficulty is likely to arise in other parts of His Majesty's dominions.

5. It would seem possible that the intention of section one of the Imperial Act, namely, the securing of reciprocity, would be carried out if, in any part of His Majesty's dominions in which the difficulty referred to occurred, the legislation passed included, in addition to provision for the giving of notice in respect of marriages intended to be solemnized in the United Kingdom, a declaration in the converse case of the existing law with regard to the position as to notices in that part. Such a declaration would, in effect, dispense with certificates from the United Kingdom instead of providing for their recognition in the part of His Majesty's dominions where the marriages are to take place, and it might proceed somewhat on the following lines :- -

"Where a marriage is intended to be solemnized or contracted in [Nova Scotia] between a British subject resident in [Nova Scotia] and a British subject resident in England, Scotland, or Ireland, such marriage may be solemnized or contracted in [Nova Scotia] without the issue in England, Scotland, or Ireland, as the case may be, of any certificate for marriage or certificate of proclamation of banns as notice of such marriage."

6. The Secretary of State would be obliged if you would take the your consideration, and advise him whether a declaration on the lines indicated in papers into the preceding paragraph, together with provision for the giving of notice in Nova Scotia in respect of marriages intended to be solemnized in the United Kingdom, would justify the issue of an Order in Council under the Marriage of British Subjects (Facilities) Act, 1915.

(7039-2.) Wt. 7-930, 25. 116. D&S. G. I.

I

am, &c.,

HENRY LAMBERT,

for the Under Secretary of State,

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