No. 46.
GOVERNMENT NOTIFICATION.
The following Circular Despatch from Her Majesty's Principa ecretary of State for the Colonies, together with a copy of the Order in Council accompanying it, is published for general information.
By Command,
J. Gardiner AUSTIN, Colonial Secretary.
Colonial Secretary's Office, Hongkong, 6th March, 1878.
CIRCULAR.
DOWNING STREET, 7th December, 1877.
SIR,I have the honour to transmit to you a copy of an Order of The QUEEN in Council, dated the 28th December, 1866, applying the Foreign Deserters' Act 1852, to the Kingdom of Madagascar. This Order appears to have been sent out in original to the Governor of Mauritius without any steps having been taken at the time to communicate it to the rest of the Colonies. It is therefore now forwarded for your information and for publication in the Colony under your Government.
I have the honour to be,
Sir,
Your most obedient, humble Servant,
CARNARVON.
The Officer Administering the Government of
HONGKONG.
AT THE COURT AT OSBORNE HOUSE, ISLE OF WIGHT,
The 28th day of December 1866.
PRESENT,
THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.
Whereas by the "Foreign Deserters' Act, 1852," it is provided that whenever it is made to appear to Her Majesty that due facilities are or will be given for recovering or apprehending seamen who desert from British merchant ships in the territories of any Foreign Power, Her Majesty may by Order in Council stating that such facilities are or will be given, declare that seamen, not being slaves, who desert from merchant ships belonging to such Power when within Her Majesty's dominions, shall be liable to be apprehended and carried on board their respective ships, and may limit the operation of such Order, and may render the operation thereof subject to such conditions and qualifications, if any, as may be deemed expedient; and whereas it has been made to appear to Her Majesty that due facili- ties are given for recovering and apprehending seamen who desert from British merchant ships in the territories of Her Majesty the Queen of Madagascar:
Now, therefore, Her Majesty, by virtue of the powers vested in Her by the said “Foreign Deserters' Act, 1852," and by and with the advice of Her Privy Council, is pleased to order and declare, and it is hereby ordered and declared that from and after the publication hereof in the London Gazette, seamen, not being slaves, and not being British subjects, who within Her Majesty's dominions desert from merchant ships belonging to the Kingdom of Madagascar, shall be liable to be apprehended and carried on board their respective ships:
Provided always, that if any such deserter has committed any crime in Her Majesty's dominions, he may be detained until he has been tried by a competent Court, and until his sentence (if any) has been fully carried into effect.
And the Right Honourable the EARL OF CARNARVON, the Right Honourable VISCOUNT CRANBORNE, and the Right Honourable SPENCER HORATIO WALPOLE, three of Her Majesty's Principal Secretaries of State, are to give the necessary directions accordingly.
EDMUND HARRISON.
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