PUBLIC RECORD OFFICE
Reference :-
PITT C.O. 885
10
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
3rd. We do not think that the act of Chief Justice Temple in staying his first order by the second order of 26th July without application from either party is open to any observation; but we think it is to be regretted that the Chief Justice did not hear a full argument on the question of the right of appeal previously to making his second order. It is, however, but fair to observe that judges exercise a large discretion as to the limits of arguments which are addressed to them, not to show that the jurisdiction belongs to another tribunal, but to prove that there is no jurisdiction to redress an apparent wrong.
On the whole, we see nothing to call for the exercise by Her Majesty's Government of the very delicate right of animadverting on the conduct of a judge.
4th. We are of opinion that the conduct of the Superintendent towards Chief Justice 'Temple, as detailed in the correspondence, was not warranted by their relative position. We refer particularly to the letters of the Superintendent to Chief Justice Temple of the 27th and 31st October respectively. It appears to us that the tone of those letters is reprehensible, and that the requirements contained in the former of the two letters, put forward peremptorily as they are, are such as the Superintendent was not entitled to Under these circumstances it appears to us that it would be fitting to express, on these grounds, the dissatisfaction of Her Majesty's Government with the conduct of the Superintendent. Such conduct, if not checked, will be injurious to the inde- pendent administration of justice.
make.
His Grace the Duke of Newcastle, &c.
&c.
&c.
We have, &c.
(Signed)
RICHARD BETHELL. WILLIAM ATHERTON.
3095.
MY LORD Duke,
No. 9.
(ANTIQUA.)
LAW OFFICERS to COLONIAL OFFICE.
Lincoln's Inn, March 21, 1860. WE were honoured with your Grace's commands, signified in Mr. Merivale's letter of the 3rd March instant, in which he stated that he was directed by you to transmit to us the following papers:—
1st. An Act passed by the Legislature of the Island of Antigua on the 25th September 1858, entitled "An Act to extend the operation of the laws of Antigua to the island of Barbuda."
2nd. The Imperial Act 22 & 23 Vict. c. 13. passed to enable Her Majesty to confirm the above Act.
3rd. Copy of the Order of Her Majesty in Council, dated 23rd September 1859, confirming and ratifying the Antigua Act.
4th. Copy of a Despatch from the Lieutenant-Governor of Antigua, with its enclosures, from which it appeared that a doubt had arisen in that Colony as to whether the annexation of Barbuda to Antigua had been sufficiently effected by the issue of the Order in Council confirming the Act.
Mr. Merivale was pleased to request that we would take the papers into considera- tion, and favour your Grace with our opinion whether, in addition to the Order in Council referred to above, a further Order in Council should be made by Her Majesty in accordance with the first section of the Antigua Act, declaring the Island of Barbuda to be annexed to Antigua.
Mr. Merivale was also pleased to submit for our consideration and opinion a draft Order in Council should we be of opinion that a further Order is requisite.
In compliance with your Grace's commands we have taken the papers submitted to us into consideration, and have the honour to
Report
That we are of opinion that, in addition to the Order in Council of the 23rd September 1859, confirming, under authority of the 22 & 23 Vict. c. 13, the Act of the Legislature of Antigua for extending the operation of the laws of Antigua to the Island of Barbuda, a further Order in Council should be made by Her Majesty in accordance with the first section of the Antigua Act. The Order in Council already made gave validity to the Antigua Act, but the power to be exercised by Her Majesty of annexing Barbuda to Antigua, as preliminary to the legal and legislative connexion between the two Islands, remains still to be exercised by Örder in Council.
We approve of the draft Order in Council submitted to our consideration, and are of opinion that it is proper to be laid before Her Majesty.
His Grace the Duke of Newcastle,
&c.
&c.
&c.
We have, &c. (Signed) RICHARD BETHELL.
WILLIAM ATHERTON.
0 16278.-178.
25.-- 9, 80,