3 I was of opinion that proceedings in reference to the forfeiture and condemnation of a Ship as provided by the Ordinance are an encroachment on the jurisdiction of the Court of Vice-Admiralty. I believe I am right in stating that had the Imperial Parliament thought proper to legislate upon this, or any kindred subject, the Court of Vice Admiralty would have been the Court on which jurisdiction in respect thereof would have been conferred. I could not therefore understand why a Colonial Legislature, not having the power to assign to its Court of Vice Admiralty a jurisdiction not heretofore possessed by it, should assume itself the power of transferring to the Police Magistrate in the first instance and then to the Supreme Court authority to deal with cases of forfeiture.
(Signed) Henry John Ball.
May 8th 1873.
(Four encl.)
Smist.
Acting Colonial Secretary
21
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3 I was of opinion that proceedings in reference to the forfeiture and condemnation of a Ship as provided by the Ordinance
are an encroachment on
the
jurisdiction of the Cure of Vice- Admiralty. I believe I am right in stating that had the Imperial Parliament thought proper lo legislate upon this, or any. Mindred subject, the Court of Keer Admirally would have been the Court on which jurisdiction in respect thereof would have been conferred.. I could not therefore understand why a Colonial Legislature, not having
7
334
the power to assign to its frust of Vice Admiralty a jurisdiction not heretofore possesed by it, should afume & itself the power of transferring to the Police Magistrate in the instance
first and then to the Supreme Court authority to deal with Cares of forfeiture...
(Signed) Henry John Ball.
May 8th 18735..
(Four (ofig.)
だ
Smist.
-
Acting Colonial Secretary
21
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