18
379
9
contempt had been imposed by a court of record there and no remedy was open by petition in the Judicial Committee. It was not competent to entertain a petition impugning the propriety of such orders; but nevertheless in the circumstances disclosed and it was felt to be proper to refer the matter to them, they would hear it and advise Her Majesty upon the case.
M. This latter course had been adopted by the Appellant in that case, who presented a petition to Her Majesty through the Colonial Office, by which it was referred to the Judicial Committee to advise the Crown. The Chief Justice and Judges at Sierra Leone were served with a copy of the petition and supported by affidavits. Vide Macrae's Sierra Leone Council Reports, Vol 8, Page 61. The petition came on for hearing in July 1858, and the result of the advice given by the Judicial Committee to the Crown was the reduction of the fines imposed from £150 to £60.
12. It seemed to me that the above procedure was quite sufficient to prevent any failure of justice in McM Pollard's Case, and therefore entirely relieved me of the responsibility as well as the necessity for expressing a personal opinion, or taking any other action in the matter than transmitting to Your Grace any petition prepared by Mr Pollard with whatever observations thereon the Chief Justice might feel inclined to offer.
EX.