SSA
Copy.
Enclosure 2.
423
+
DMORMON 20 TABOO MWA902 IMT NI
„HOITOIⱭ” IHUL JARIDIRO
„csef to .oll moltok
add tot farmeð yarrojją en
„gnofynall to quofed
.MIAJO TO THE KITAT?
Erpewone of Greym on kon' so tije s'
-ddiw beginpah eta moy Juns wolton mida 1p õpivrae adi rajta zbor
ju mjsI0 odd 63 apreled to Jmeng
yeb.jsfî adi bejal yaloƐ & aynured synitrali i wynitsal „(68)
.ojisilo 'alliatal¶
BCMITRAH A REMITTAN
YATWOE & ETHIO
BTOJIDLIGƐ 's??¿ðakaf¶
.goot nol
WU the
Hon. Colonial Secretary,
Under section 480 of the Code of Civil Procedure,
the Governor's consent to the continuance of the action "may be withheld upon such grounde as would justify the Attorney General of England in refusing his fist." This raises two minor difticulties. In the first place, the fiat on a petition of right in England is the fist of His Majesty The King, and the Attorney General merely advises.
In the second place, the discretion of the King to refuse the fist is absolute and cannot be enquired into by the courts. Our section, on the other hand, seems to place a statutory limitation, though a vague one, on the right of the Governor to withhold his consent. These difficulties are probably of little practical importance, because no doubt the Governor would always give his consent in any case in which the Attorney General would be likely to advise the granting of the fiat in England, and probably in any doubtful case the Governor would decide the point in favour of the plaintiffe.
2. It is difficult to make any general statement as
to the class of case in which a fist might properly be refused in England, but it is clear that the duty of the Attorney General to advise against a fiat is not confined to the case of frivolous petitions: ses, for exemple Halsbu- ry's Laws of England, volume 10, p. 31, and Stuart Robertson's Civil Proceedings by and against the Crown, p. 377. That the other cases are, in which the Attorney General might properly advise against a fist, it is difficult to say from the materials which exist here, but no doubt information on this point could easily be obtained by the Secretary of State. I very much doubt if possible diplomatic embarrassment would be any ground for refusing a fiat.
3. It may be that the present petition is bad, on the
ground