Scm Annex 16

Annex 16 && fro111 IPrnvaw P.r&pmfaa'm of Indian Act

Mo.VI of 1852,

cznapriskg: (i) Minllte from C.&M. Jackeon [P,dvocate-General of India) dated 23 Oct 1851

fii) Draft Act dated 24 Oct 1851 Letter h m Youag A.R. (UnderS w r e m to the Gov-t

ofIndia) to the Under Secretary with the Governor General dated 24 Bet 1851

(iv) Latter fim Halliday F.J. (Secretary to the O o s o f b d b ) to Butterworth W.J. (01,vemor of Prince o f Wdes I s m Singapore and Malacca) dated 24 Oct 185 1 (v) L e w fmm Elliot H.M. (Secretary to the G o m e n t of India with the Govm01: Geaem1) to HaUlday F.J. (Beoretaty to the Government of lndia, Home D e p m t ) dated 12 Nov 185 1 +

(*met of a M a fmm Governor of Rhcea of Wales Island, Singand~l~to&~SecretatrytotheGOv%mmmtof~datedl Nov1851

(vii) Letter .6wnButterPKorth W.J. (Govemo~of Prince of Wale Island, Singapore asld MaIaccaJ to IWliday P.J. (Secretaryto the Governmant af India) dated 17 N w 1851

I I

Minute by the Hon'ble C. R. M. Jackson

No. 5

dated the 23rclmr. 1851. I have struck out the 10" and Ilth Sections of the original Draft Act prepared by the Straits Gov'. It would be quite a novel thing in legislation to enact that a penalty should attach to a ship for all time and should be recoverable against the ship even in the hands of an innocent purchaser. It is an attempt to make a penalty even like a Covenant with the land, without considering that a ship is a chattel and that her title deeds would give no notice to purchasers of such an incumbrance. The stringent Slave acts have never yet gone the length of declaring that a slaver should after it changed hands and was employed in lawful traffic be still liable to condemnation. As the Indian Legislature has no power to legislate for the high seas, I have thought it as well to insert the twelfth section, without that section, it might be argued that the whole Straits was the roadstead, and as a consequence that all ships passing through it should pay the toll.

The 23d Octr 1851

Sdl C. R. M. Jackson

ITranscriber's Note: A printed copy of Drafl Act dated 24 Oct 1851 is aftached with enclosed manuscript and therefore not transcribed here. For ease of reference, the "twelfth section" referred to in Advocate-General C.R.M. Jackson's foregoing minute is reproduced here :

"XII. Nothing in this Act contained shall be construed to levy a toll upon or otherwise affect any Ship passing through the Straits of Singapore and not entering the said harbour or roadstead of Singapore aforesaid."

No. 7

No. 657 From A. R. Young Esq" Und. Secy. to the Gov' of lndia To

The Under Secretary with the Got.

en'.

Dl the 24" Octr. 1851.

Home De~t.:

&

Sir, With reference to the Despatch from the Hon'ble Court of ' . 3 of 1849 dl the 5'h Septr, I am Directors in the Marine ~ e ~ No. *s

d to Qv' of Bengal of 2Sm Od 1849

s&D'0" of lgmMarch

directed ts forward for submission to the most Noble the Governor General, copies of the papers noted in the 'margin, together with the Draft of an "Ad for defraying the cost of a Light House on Pedra Branca". 2d ,

1850 & Enclos:

Min. by the Hon'ble Mr. Jackson ~ 2 3 *

Inst.

The tonnage duty on shipping was authorized by the

Hon'ble Court to be levied as soon as light was exhibited on the Island rock above named, and as it appears from the .. accompanying Copy of a *communication from the Governor of the Straits Settlements that the light in question would be exhibited from the 1 5 ~insn., the President in Council has

'Oth

deemed it expedient under the urgency of the case, to anticipate the Gov'. ~ e n l ' sassent and to authorize the publication at once of the draft act in the form in which it was this day read in Council. Fort William The 24'h Ocf. 1851

Ihave the honor to be etc. Sd/A R. Young Und.: Secy. to the ~ o ofdIndia

No. 603 F. J. Halliday EsqE

From

Secy. To the Govt. of lndia To

COI' W. J. Butterworth

Govr. of P. W. Island, Singapore and

Malacca

Dl the 24'h Octr 1851

!

sir, With reference to your letter No. 22 of the 13" July 1850 to

Home D ~ D :

the address of the Secretary to the Covt. of Bengal, I am directed to & forward the accompanying draft Act "for defraying the cost of a Light House on Pedra Branca", and to request that you will favor the Supreme GOV'. with such observations or suggestions on its provisions as may appear to you necessary. Fort William

I have the honor to be &ca

The 24th Octr. 1851

sdlF. J. Halliday Secy. To the GOV'. of India.

No. 405

From

Sir H. M. Elliot K. C. B. Secy: to the GOV'. of lndia with the Governor

To

General

F. J. Halliday Esqre. Secy: to the GOV'. of lndia Home ~ep'. Calcutta D l Camp Jugadree the 12' Nov'. 1851

Sir, I am directed to acknowledge the receipt of Mr. Under Secretary Young's letter No. 657 dated 24'

Ultimo, submitting

papers and a Draft Set for defraying the cost of a Light House on Pedra Branca, by levying a tonnage duty on Shipping, and in reply to convey to you the assent of the Most Noble the Governor General to the publication of the Draft Act.

Camp Jugadree

I have the honor to be etc.

The 12" Novr. 1851

Sdl H. M. Elliot Secy: to the GOV'. of lndia with the Govr.

en'.

No. 10

Extract of a letter from the Governor of Prince of Wales Island Singapore and Malacca to the Secy. to the ~ o v l oIndia f Dated the IS' Nov 1851. NQ42

8" X

To the Govt

of Bengal

1 beg in conclusion to suggest that the Draft Act, submitted

with my letter under date the 13'~ ~ u l 1850, y No22 ', for the levy of Light dues, may have early publication, should it have received the approbation of the Most Noble the Governor General in Council, with a view of meeting the above expense, and that which will be incurred for the establishment of the Light Ship, on the 2% fathom bank, in the Straits of Malacca, the only alteration I have to propose is that the rate of Light dues should be raised

to three cents of a Dollar per ton, for all square rigged vessels, on the principle laid down in the 2" Clause of the aforesaid Draft Act.

From the Governor of Prince of Wales Island Singapore and Malacca To

F. J. Halliday Esq" Secy. to the GOV! of India, Fort William Dl Singapore the 17" Nov' 1851

Sir,

I have the honor to acknowledge the receipt of your letter under date the 24'h Ultimo giving cover to a Draft Act for defraying the cost of the Light House on Pedra Branca, and requesting me to forward any observations or suggestions that I may have to offer thereon. The Draft Act has received my best attention, and appears to me to compass the object desired, but Ishould mention, that it will Insu, No42, to raise be necessary, as intimated in my letter of the lS' the tonnage Dues, from two and a half to three cents, per ton, for the purpose of meeting the expense of the Floating Light on the 2% Fathom Bank. There is a trifling error which I may mention, although it is of little moment, I allude to the word "Pedro" this ought to be "Pedra", meaning a stone, in Portuguese, by which nation, I doubt not, the rock was first discovered. Ifear the mistake has originated with the copyist in my ofice. Singapore

I have the honor to be &Ce

The 17th Nov 1851

sdW. J. Butterworth Govemor

H O M E REPAR'l'MER'P,

'The filI&wiing.D*, d a.pqosed .&ct" was read of 'OmG ~ : ?.I~V.& glm &s'~'timaon tke . . ber 1831.

Bar No,

-

OE 18231,

it has been deemed eqdeiat for the ~ ~ Z e t ay d @&%amcof:of.&ips na$'gating: the \bg& 8 .&ig&-:Sm..:on G&,h .&%$ 3irM &k d i e &P+ Bra%&&niiI;naM a t .the mwn: ':~trsnmef :tlte Straits of Singapore ; An& whereas certgin m s of manay were snbecrilwtd @a& .i&i%ida& for :&St. purpose, w:aee e .*. f ~ g e h ; bt -&Gray aes; pen= d building s.whUgh* Xam6; And w& as the En$& Zn&soompw?p to bailcl snoh Hamj .d tcv ad%.,mxtain. of to oompiete.:%he.*am, on conditlan . that thctissid somi:& ,rn&ey' m m'm@d ,k!;tllcm. by Ship : and. o&e*j is9.h.the Ihwbonr ofi~.sit@ap&a.; Zf0nbbe ~4+3. i&jf k

W

;

~

:

. . a h p 3 , .d :it .!is.+&agha

be h e &

ex&iea.-...;.&:

,=. @& m%l W. &, e& ~

H d ~ grad *

ux

~ad,ng.Bmm!~&MI+

Tim .Embnrgk Ligkt

a t 3%t@tHeme, md &E apaar,w mmpied -fw &ie

.~ 1

a

.

'

F

~

~ $pp g---

t~

.we@y%ip+ BC etkc scpm 6w.dVesef. being

& dhe % d md &p tons rtad aApw&> vbieri hlSU&w s$,aF el%* &e bwboar b%r(rad*m Of

d a MP em% of

a

Ulw per ~n

W : : %man-~m6& mtrenl Blf Fhe said - & ,b % % m ~ a n d of the ketprtkierc. &a& &evaiy &%.&Mag ~~mto, i s hwaby @ &.Qovern& of 6 8 s Brzlits Setfic?-~lm,h .

.

,.% ..im.&& 6c*eitlrtr thy$ & p i n tarty persvn $,&>* =.#& 6i: *$#, il@f*r of & pay& &3 && - .. !

t .;>.: ....

,.

.