CO129-282 - Acting Governor Major Gen Black - 1898 [3-4] — Page 355

8

352

the Shibou by

shall be demanded by (the Consul of the Country to which

such ship may belong.

The law of this Colony does not hand over to

the Consul the functions of the Magistrate but, when a de-

serter is in prison,having been imprisoned by the Magis-

trate,it permits his being handed over to the Consul of the

country to which the ship belongs on the demand of such

Consul.

The request, therefore, contained in your let-

ter of 21st. February to the Captain Supt. of Police to cause

a warrant to be issued for the arrest and imprisonment of

an alleged deserter and "that he be retained subject to the

order of your Consulate ignores the functions of the Magis-

trate in the matter and asks the Police to do that which is

not in accordance with law.

As regards the question you ask whether the

Police Authorities can "refuse to deal with a man after the

Consul has requested it, simply because the man states that

he is not a deserter", the answer is that it is for the Ma-

gistrate to decide whether the man is a deserter and the

only mode in which the Police can "deal with him" is to

take him before the Magistrate who will deal with the case

according to the laws of evidence, attaching only such

weight to the man's statement as he may deem proper.

In conclusion I am directed to add that,

while this Government is anxious to assist the Consuls of

other