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Annex 16&& fro111 IPrnvaw P.r&pmfaa'mf IndianActMo. I of 1852,

cznapriskg:(i) inllte fromC.&M. Jackeon [P,dvocate-General of India) dated

23 Oct 1851fii) Draft Act dated 24 Oct 1851

Letterh m ouag A.R. (UnderS w r e m o the Gov-t ofIndia) tothe Under Secretary with the GovernorGeneraldated24 Bet 1851(iv) Latter fimHalliday F.J. (Secretary to theO o s f b d b ) toButterworth W.J. (01,vemor o f Prince o fWdes I s m Singapore and

Malacca) dated 24Oct 1851(v) L e w fmm lliotH.M. (Secretary to theG o m e n t o f Indiawith theGovm01:Geaem1) to HaUlday F.J. (Beoretaty to the Government of lndia,

HomeD e p m t ) dated 12 Nov 1851+

(*met of aM a mm Governor of Rhcea of Wales Island, Sing-and~l~to&~SecretatrytotheGOv%mmmtof~datedlov1851(vii) Letter .6wnButterPKorth W.J. (Govemo~ fPrince of Wa l e Island,Singapore asldMaIaccaJto IWlidayP.J. (Secretary o theGovernmantaf

India) dated 17N w 1851

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Minute by the Hon'ble C. R. M. Jacksondated the 23rclmr.851.

I have struck out the 10" and I thections of the originalDraft Act prepared by the Straits Gov'. It would be quite a novelthing in legislation to enact that a penalty should attach to a ship forall time and should be recoverable against the ship even in thehands of an innocent purchaser. It is an attempt to make a penaltyeven like a Covenant with the land, without considering that a ship isa chattel and that her title deeds would give no notice to purchasersof such an incumbrance. The stringent Slave acts have never yetgone the length of declaring that a slaver should after it changedhands and was employed in lawful traffic be still liable tocondemnation.

As the Indian Legislature has no power to legislate for thehigh seas, I have thought it as well to insert the twelfth section,without that section, it might be argued that the whole Straits wasthe roadstead, and as a consequence that all ships passing throughit should pay the toll.

The 23d Octr 1851 Sdl C. R. M. Jackson

No. 5

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

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

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No.7 No. 657From A. R. Young Esq"

Und. Secy. to the Gov' of lndiaTo The Under Secretary with the Got. en'.

Home D e~ t. : Dl he 24" Octr. 1851.&Sir,

With reference to the Despatch from the Hon'ble Court ofDirectors in the Marine~ e ~ ' .o. 3 of 1849 dl the 5'hSeptr, I amdirected ts forward for submission to the most Noble the

* s d to Qv' Governor General, copies of the papers noted in the 'margin,of Bengal of2Sm Od 1849 together with the Draft of an "A d for defrayingthe cost of a Lights&D'- Houseon Pedra Branca".0"-

f lg mMarch 2d1850

The tonnage duty on shipping was authorized by the& Enclos: Hon'ble Court to be levied as soon as light was exhibited on theMin. by the Island rock above named, and as it appears from the. .Hon'ble Mr. accompanying Copy of a *communication from the Governor ofJackson ~ 2 3 *Inst. the Straits Settlements that the light in question would be

exhibited from the 1 5 ~nsn., the President in Council has'Oth deemed it expedient under the urgency of the case, to anticipate

the Gov'. ~enl 's ssent and to authorize the publication at onceof the draft act in the form in which it was this day read inCouncil.Fort William Ihave the honor to be etc.The 24'hOcf. Sd/A R. Young1851 Und.: Secy. to the ~ o df India

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No. 603

From

To

F. J. Halliday EsqESecy. To the Govt. of lndia

COI' W. J. ButterworthGovr.of P. W. Island, Singapore

and MalaccaD l the 24'hOctr 1851

sir,With referenceto your letter No. 22 of the 13" July 1850to HomeD ~ D :! the address of the Secretary to the Covt. of Bengal, Iam directed to &forward the accompanyingdraftAct "for defraying the cost of a Light

House on Pedra Branca", and to request that you will favor theSupreme GOV'. with such observations or suggestions on itsprovisionsas may appear to you necessary.

Fort WilliamThe 24th Octr. 1851 Ihave the honor to be &casdlF. J. HallidaySecy. To the GOV'. of India.

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No. 405

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

Governor General

To F. J. Halliday Esqre.Secy: to the GOV'. of lndia

Home ~ep'. CalcuttaDl 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, submittingpapers and a Draft Set for defraying the cost of a Light House onPedra Branca, by levying a tonnage duty on Shipping, and in replyto convey to you the assent of the Most Noble the Governor Generalto the publication of the Draft Act.

Camp JugadreeThe 12" Novr. 1851

I have the honor to be etc.Sdl H. M. ElliotSecy: to the GOV'. of lndia

with the Govr. en'.

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No. 10 Extract of a letter from the Governor of Prince of Wales IslandSingaporeand Malacca to the Secy. to the ~ o v l o fndia Datedthe IS'ov 1851. NQ42

8" 1 beg in conclusionto suggest that the DraftAct, submittedX with my letter under date the 13'~u l y850,No22 ', for the levyTo the Govt of Light dues, may have early publication, should it have receivedof Bengal the approbation of the Most Noble the Governor General in

Council, with a view of meeting the above expense, and thatwhich will be incurred for the establishment of the Light Ship, onthe 2% fathom bank, in the Straits of Malacca, the only alterationI have to propose is that the rate of Light dues should be raisedto three cents of a Dollar per ton, for all square rigged vessels,on the principle laid down in the 2" Clause of the aforesaid DraftAct.

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Fromthe Governor of Prince of Wales IslandSingapore and MalaccaTo F. J. HallidayEsq"

Secy. to the GOV! of India,FortWilliam

DlSingapore the 17" Nov' 1851

SingaporeThe 17th Nov 1851

Sir,Ihave the honor to acknowledge the receipt of your letter

under date the 24'hUltimo giving cover to a DraftAct for defrayingthe cost of the Light House on Pedra Branca, and requesting me toforward any observations or suggestions that I may have to offerthereon.

The DraftAct has receivedmy best attention, and appears tome to compass the object desired, but I hould mention, that it willbe necessary, as intimated in my letterof the lS'nsu, No42, to raisethe tonnage Dues, from two and a half to three cents, per ton, forthe purpose of meeting the expense of the FloatingLighton the 2%Fathom Bank.

There is a trifling error which Imay mention,although it is oflittle moment, I allude to the word "Pedro" this ought to be "Pedra",meaning a stone, in Portuguese, bywhich nation, Idoubt not, therock was first discovered. I ear the mistakehas originated with thecopyist in my ofice.

Ihave the honor to be &CesdW. J. Butterworth

Govemor

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

'The filI&wiing.D*, d .pqosed &ct" was readG~ : &.~V glm &s'~'tima n tke of 'Om-ber 1831. . .Bar No,- E 18231,

W it has been deemed eqdeiat fo r the~ ~ Z e t y d @&%amcof:of.&ips na$'gating: theG&,h .&%$ \bg& 8 .&ig&-:Sm.:on3rM&k d i e&P+ Bra%&&iiI;naM at . hemwn: :~trsnmf :tlte Straits of Singapore;An& whereas certgin m s f manay were snb-ecrilwtd @a& .i&i%ida& for :&St.purpose,w:aee e *. f ~ g e h ; t - Gray aes;pen= d uilding s.whUgh* Xam6;And w&as the En$& n&soompw?p to bailcl snohHamj.dtcv ad%.- ,mxtain. of- to oompiete.:%he.am, on conditlan thatthctissid somi:& ,rn&ey'mmm@d : ,k!;tllcm .bySh i p : and. &e*j is9.h-

.theIhwbonr ofi~.sit@ap&a.;Zf0nbbe ~4+3. i jf k

.. a hp3 ,.dit .!is.+&agha

be he& ex&iea;.&:.-...

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~

,=.& ux ~ad,ng.Bmm!~&MI+m%lW.&, e&& Tim .Embnrgk LigktH d ~ *ra d at3%t@tHeme, md &E apaar-,wmmpied-fw &ie.~ .

1a F ~ ~ -ppg-- t~.we@y%ip+ BC etkc scpm 6w.dVesef. being& dhe% d md p tons rtad aApw&> vbierihlSU&w s$, F el%* &e bwboar b% (rad*m Of

d 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,s hwaby-@ &.Qovern& of 6 8 s BrzlitsSetfic?-~lm,h

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

! - ..

t .;>.: , . ....

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