231
Buckingham's despatch N. 192 of the 23rd November last was referred to the right of the Attorney General to file ex officio informations. The substance of that despatch communicated by the Attorney General to the Chief Justice, but it appeared to have no weight whatever with him, for he denied that right in his judgment in Reg. & Buin.
The main question however is the correctness of the Chief Justice's decision that an Alien non-resident here, though visiting this Colony, cannot prosecute a party for libel.
The observations of the Attorney General show sufficiently that Mr. Smale's decision, as above, is inconsistent with the previous practice of his Court, and also with the legal Authorities and precedents brought to his notice, but which he seems to have disregarded.
From the above, I naturally conclude that the Law of the Colony on the subject, if rightly interpreted, may very possibly need alteration, and also that, if correctly administered, it may suffice for reasonable purposes. I shall therefore await the result of an Appeal by the prosecutor, or at least the receipt of some instructions from Your Lordship.
I have the honor to be, My Lord, Your Lordship's most obedient, humble servant,
R. F. MacDonnell, Governor.
Page 565
11646-68
568
12367-68.
Secy of State No 6844. 15 April, 1869.
Parl. 5851
Vide Enclosure No 31.
in Reg. ~ Souza
Page 10
Page 585