C. O. 9647
453
Queen's Regulations,
iRece Priz.
REGE 3 JUN 36/
The case was proved against one man after a remand to ascertain the bearing of the law, he was released by Mr. Innes as no consideration had been given for the liquor. (see enclosure No.1)
On this becoming known to me, I, by direction, wrote to W.W. Innes requesting that he would give me his reasons in official form, in order that the case might be put before H.E. the Governor.) (see enclosure, No. 2)
I have this afternoon received his reply that he declines to give his reasons for his refusal to convict.
As the matter is of importance to the public generally, I refer the case to you, enclosing the correspondence, in order that it may be definitely settled whether the Acts 16-17 Vic. hold in this Colony, and offenders can be prosecuted under them.
By the Act, the offence is "approaching H.M.'s Ships for the purpose of conveying liquor on board required." And proof of sale is not necessary.
As the Magistrate's letter of the 19th gives no reason for non-conviction, I ... judge