1274 ADMINISTRATION AND LEGISLATION [part Vv
Colonial Government of a ship for service with the Imperial
navy.
3. Early in this year when the gunboats built for the
Government of Victoria were ready to leave England, applica-
tion was made by the Agent-General for an Order in Council
to place these vessels under the provisions of s. 6 of the
Colonial Naval Defence Act, 1865, and thus enable them to
acquire the status of vessels of war of the Royal Navy during
the voyage to Melbourne.
4. The Law Officers of the Crown were consulted whether
it was competent to Her Majesty to issue an Order in Council
under s. 6 of the Act without issuing one under s. 3, and
they advised in reply that s. 6 authorizes the Crown to accept
for Imperial purposes vessels legally existing as Colonial
armed vessels : and that it is, therefore, clear that such
vessels must first obtain their status under s. 3 before s. 6
can be applied to them.
5. The Victorian Act, No. 389, styled the Discipline Act,
1870, and No. 417, to which Her Majesty’s approval in Council
had been obtained at the time of their enactment, provide
that vessels placed in Commission by the Governor shall be
ander the enactments and regulations in force for the
discipline of the Royal Navy. It was, therefore, possible
for me to instruct the Governor to issue Commissions under
those Acts, and upon my learning that this had been done,
Orders in Council under s. 3 and s. 6 were issued! In the
absence of any similar Acts in Queensland, it was not possible
to entertain the offer conveyed in your telegram of the
25th ultimo ; it will, however, be a satisfaction to Her
Majesty’s Government, if, upon receipt of your dispatch and
of the Act of the Legislature, it shall be found possible to
meet the wishes of your ministers.
6. Before the Orders in Council of March 4 were issued,
the Agent-General for Victoria offered to place the vessels
at the disposal of Her Majesty for service in the Red Sea,
30 as to share in the active operations then in progress.
The Law Officers were, thereupon, asked to advise as to the
position which would be occupied by the officers and men
in the event of this offer being accepted ; and whether,
having regard to the terms of their agreement, such accep-
tance would render the crews liable to active service against
the enemy as men of the Roval Navy without their assent
The Orders were dated March 4, 1884, and provide for the raising, &e..
of the naval force, and its being placed at the disposal of the Admiralty.