Annex 16

of Indian Act
&& fro111 IPrnvaw P.r&pmfaa'm Mo.VI of 1852,
cznapriskg:
Minllte from C.&M. Jackeon [P,dvocate-General of India) dated
(i)
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, Sing-

and~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
 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

I
I
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'.

Home De~t.: Dl the 24" Octr. 1851.
&

Sir,
With reference to the Despatch from the Hon'ble Court of
Directors in the Marine ~ e ~ No.
' . 3 of 1849 dl the 5'h Septr, I am
directed 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 of
together with the Draft of an "Ad for defraying the cost of a Light
2Sm Od 1849
s&D'- House on Pedra Branca".
0" -
of lgmMarch 2d
,
The tonnage duty on shipping was authorized by the
1850
& Enclos: Hon'ble Court to be levied as soon as light was exhibited on the
Min. by the Island rock above named, and as it appears .. from the
Hon'ble Mr.
accompanying Copy of a *communication from the Governor of
Jackson ~ 2 3 *
-
Inst. 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 Ihave the honor to be etc.

The 24'h Ocf. Sd/A R. Young
1851 Und.: Secy. to the ~ o ofdIndia
 No. 603

From F. J. Halliday EsqE

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

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
Home D ~ D :

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 General

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

X
with my letter under date the 13'~
~ u l 1850,
y No22 ', for the levy
To the Govt
of Light dues, may have early publication, should it have received
of Bengal
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

G ~ : ?.I~V.& glm &s'~'timaon tke of 'Om-
. .
ber 1831.

Bar No, - OE 18231,

W it has been deemed eqdeiat for the

~ ~ Z e t ay d @&%amcof:of.&ips na$'gating: the
G&,h .&%$ \bg& 8 .&ig&-:Sm..:on
;

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 snb-
ecrilwtd @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
. . a h p 3 , .d
:it .!is.+&agha

be h e & ex&iea.-...;.&:
~

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@&
m%l W. &, e&
ux ~ad,ng.Bmm!~&MI+
Tim .Embnrgk Ligkt
H d ~ grad
* 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 &&
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