610
a point of law reserved by himself at a recent Criminal Sessions.
prisoner
In the instance referred to
had been indicted and
convicted for stealing umbrellas, the proofs of his guilt sufficiently clear but the learned Judge was not satisfied that there was evidence that the case which the Jury found that the man had stolen actually contained umbrellas, or that adequate proof of the value of the case had been produced - Upon this ground the conviction was quashed and in giving his judgment Mr Ball pointedly called attention to the fact that as part of Stat: 14-15 Vict Cap: 100 had been extended to the Colony, and intimated that had it been so, his judgment would have gone the other way.
In deference to this opinion, and to prevent in the future any such failure of Justice (as I conceive occurred on the occasion referred to), I prepared the present Ordinance. I must however add, that had it not been for Mr Ball's action I should not, having regard to an existing Criminal procedure, have seen any necessity for its introduction.
(Grice Copiez)
Thith.
Wm. Thos. Bridges, Acting Attorney General : May 25th 1875.
Acting Colonial Secretary.