SECOND READING. (Hansard, 12 June 1894)

§ THE LORD CHANCELLOR (Lord HERSCHELL)

My Lords, this is a Bill upon which I need not trouble your Lordships with an explanation at any length. It is a measure which has been for a considerable time under discussion at the Colonial Office. The discussion of the question commenced during the time of the late Government, and I believe that this measure meets the views of the noble Lord who presided formerly over the Colonial Office, and of the noble Marquess who is now at the head of the Office. It is a matter which I have myself considered, and I am satisfied that in its present shape it can properly be passed. It is merely a measure providing a mode in which, when necessary, Prize Courts can be established in British possessions, a matter in reference to which some doubt has existed heretofore as to the proper mode of proceeding.

§ *LORD KNUTSFORD

My Lords, I may be permitted to say that this subject was under consideration when I had the honour of being Secretary of State for the Colonies, and was very carefully considered. The object of this Bill is, in truth, to supplement the Colonial Courts of Admiralty Act, which was passed in 1890. The subject is not free from difficulty, and I may refer to two points which required careful consideration. In the first place, care had to be taken to secure that the Vice Admiral, or in other words the Governor of the Colony, should not prematurely declare that war had broken out. That is secured, I think, by the 2nd sub-section of the 2nd section of the Bill. The Vice Admiral of any 894 possession may, when satisfied by information from a Secretary of State or otherwise, that war has broken out between Her Majesty and any foreign State, proclaim that war has so broken out. And there is also this safeguard: that his powers with regard to action in this direction are subject to instructions from Her Majesty. In that way sufficient precaution is taken that Governors shall not prematurely declare war. The second difficulty which arose with regard to Prize Courts was that, speaking generally, the Colonial Courts of Admiralty created by the Act of 1890 might be safely trusted to act as Prize Courts. This would be the case in all the important colonies; but there are a great variety of Courts in the different colonies of more or less weight and influence, and therefore it was quite necessary to preserve to Her Majesty the power of modifying the composition and Regulations of the Court in any particular colony so as to act as a Prize Court, and also the power of establishing special Vice Admiralty Courts to act as Prize Courts. Those difficulties appear to me to be removed by this Bill, and therefore I heartily support the Second Reading.