70
If, indeed, Her Majesty's Government are aware of any facts which would justify its being considered necessary for the safety of a part of the Empire, that the King of Delhi should have been sent from India, and be detained a prisoner at the Cape without having been tried, in that case "salus populi suprema lex,' and the Act suggested may properly be proposed to the Local Parliament, or an Ordinance issued for his detention in British Caffraria; but if there be no such good reason why he should not have been tried, then I can only advise that the legal and constitutional course would be to send the prisoner back to India, in order to be there tried, and if he be found guilty, he may then, as a convicted traitor. be sent to the Cape, and there detained in safe custody, cither under an original or commnuted sentence, according to the powers of the Indian Tribunal, or under an Act of the Local Legislature, or Ordinance, which might then be properly obtained, if necessary.
I have, &c.
(Signed)
HENRY S. KEATING.
The Right Hon. H. Labouchere, M.P.
&c. &c. &c.
Miscellaneous (St. Helena).
No. 65.
1
No. 65.
Corr of a LETTER from the LAW OFFICERS of the CROWN to Mr. Secretary
SIR,
LABOUCHERE.
Doctors' Commons, December 21, 1857.
Person charged, in WE are honoured with your commands signified in Mr. Elliot's letter of
* Colony, with any the 6th of November ultimo, requesting that we would furnish you with our
opinion on the following questions:-
offence under
12 & 18 Vict., c. 96, cannot be sent to England for trial;
nor can proceedings
of such trial be
The Act of Parliament, 12 & 13 Vict., cap. 96, provides that if a person shall be charged in any colony with any one of certain specified offences, committed within the jurisdiction of the Admiralty, the Colonial Judicature shall have the same powers for trying such offence as they would have possessed, revised in England. and shall be authorized, empowered, and required to carry on such proceedings, for bringing the accused person to trial as would and ought to have been carried on, if the offence had been committed within the jurisdiction of the Colonial Court.
Having regard to the provisions of the Statute, we are requested to inform you
1st. Whether a Colonial Court of Judicature, before which a case is brought for trial under the provisions of the 12 & 13 Vict., cap. 96, possesses either at Common Law, or in virtue of any Statute, the power of sending the accused person to England for trial? And,
2ndly. Whether any means exist (other than those which may be provided by the Law of the particular Colony), by which the proceedings on such trial may be sent to England for revision ?
In obedience to your directions, we beg to report—
That having considered the questions submitted to us, we are of opinion that both must be answered in the negative.
The Right Hon. H. Labouchere, M.P.,
We have, &c. (Signed)
J. D. HARDING.
RICHARD BETHELL. HENRY S. KEATING.
&c.
&c.
&c.
AUSTRALIAN COLONIES.
T
PUBLIC RECORD OFFICE
Reference :-
C.O.8
885
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