CO885-(2-3) — Page 153

PUBLIC RECORD OFFICE

huududini

C.O. 8

Reference :-

885

3 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

1

No. 64.

Alien naturalized by Ordinance, or possessing letters denization from Governor, cannot be recognized as oner of a British registered ship.

60

upon such terms and conditions as may be thought consistent with the public interest, provided that she always remains in Her Majesty's service, and that actual possession of her is constantly retained on behalf of Her Majesty.

I have, &c.

The Right Hon. Lord Stanley,

&c.

&c.

&c.

(Signed)

Malta.

No. 54.

J. D. HARDING.

COPY of a LETTER from the ATTORNEY and SOLICITOR-GENERAL to

MY LORD,

Earl GREY.

Temple, October 30, 1851.

WE were favoured with your Lordship's commands, contained in Mr. Elliot's letter of the 13th ultimo, in which he stated that he was directed by your Lordship to transmit to us the accompanying copy of a despatch and its enclosures, received from the Acting Governor of Malta, and to request that we would inform your Lordship whether we concurred in the opinion of the Crown Advocate, that Mr. Messina cannot, in pursuance of his naturalization, under an Ordinance of the Legislature of Malta, be recognized as the owner of British-registered ships.

In the event of our concurring in that opinion, Mr. Elliot stated he was to ask whether we considered that letters of denization, issued to Mr. Messina (notwithstanding his naturalization) by the Government of Malta, would entitle him to be so recognized.

Mr. Elliot then stated that he was to refer us to a proclamation of Sir Thomas Maitland, issued in 1817, as to the practice relative to letters of denization in Malta.

In obedience to your Lordship's commands, we have taken the despatch and its enclosures into our consideration, and have the honour to report that we are of opinion that the view taken by the Crown Advocate of Malta is correct; namely, that Mr. Messina cannot, in pursuance of his naturalization, under an Ordinance of the Legislature of Malta, be recognized as the owner of British- registered ships.

And we are further of opinion that letters of denization, issued to Mr. Rosario by the Governor of Malta, would not entitle him to be so recognized; the denization referred in the Act 12 & 13 Vict., cap. 29, as conferring the right in question. being, in our opinion, of an Imperial, and not of a local character.

But for this, the fact of Mr. Rosario having been previously naturalized, would not, in our opinion, prevent his having letters of denization issued to him.

The Right Hon. Earl Grey,

&c.

&c.

&c.

We have, &c.

(Signed)

A. E. COCKBURN,

W. P. WOOD.

61

No. 55.

Copy of a LETTER from the LAW OFFICERS of the CROWN to Mr. Secretary LABOUCHERE.

SIR,

Doctors' Commons, February 24, 1858.

No 55.

WE are favoured with Mr. Merivale's letter of the 6th of January last, in Colonial Offenders which he stated that he was directed by you to transmit to us copy of a despatch,* Act, 6 & 7 Vict. with its enclosures, received from the Governor of Malta, and to request that we cap. 94, to what would inform him whether we were of opinion that the Criminal Court of Malta was or was not right in refusing to grant a warrant of arrest against Georgio

• Vide Appendix Bearnd.

No. 3.

It had not been thought necessary to send us copy of the depositions against Bearnd, which accompanied the despatch, but it might be assumed that they established a prima facie case of wilful murder against the accused.

In the event of our approving of the decision of the Criminal Court, he was to request that we would further favour you with our opinion what advice should be given to the authorities at Malta as to their conduct in similar cases; and further, whether we would recommend any, and what, amendinent of the Act 6 and 7 Vict., cap. 94, to meet similar cases, either by the adoption of similar provisions to those of the "Act for the better apprehension of certain Offenders," 6 & 7 Vict., cap. 34, or otherwise.

We have accordingly taken the papers into our consideration and have the honour to report—

That, assuming there is no law in force at Malta which would give the Criminal Court power to order the arrest of Georgio Bearnd, independently of the Imperial Act 6 & 7 Vict., cap, 94, we think the application of that Act too doubtful to have warranted the Court in granting the order as prayed. Its provisions appear to be limited to cases in which the accused is sent under warrant from the scene of the alleged offence, where he can have the benefit, if necessary, of the proviso as to the depositions of his witnesses. Considering, therefore, the strictness with which statutes, affecting the liberty of the subject, are always construed, we are of opinion the Court at Malta was right in the course pursued on the present occasion. It appears to us, however, that provision should be made to meet similar cases by Legislative provisions somewhat similar to those of the 6 and 7 Vict., cap. 34, but modified, of course, so as to suit the subject- matter.

We have, &c. (Signed) J. D. HARDING.

The Right Hon. H. Labouchere, M.P.,

&c.

&c.

&c.

Ionian Islands.

No. 56.

RICHARD BETHELL. HENRY S. KEATING.

cases limited.

No. 56.

COPY of a LETTER from the LAW OFFICERS of the Crown to the Earl of CLARENDON.

MY LORD,

Doctors' Commons, May 19, 1854.

WE are honoured with your Lordship's commands signified in Mr. Ham- Lonian Republic, mond's letter of the 11th instant, stating that he was directed to transmit to us its position in the therewith a collection of papers upon a question which has been raised at event of war be- Constantinople, and also by parties in this country, and moreover reported upon Britain and other by the Lord High Commissioner of the lonian Islands, touching the relation in Powers.

tween Great