7040.
PUBLIC RECORD OFFICE
Reference :-
43 44 C.O. 885
10
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- | COPYRIGHT PHOTOGRAPH-NOT TO
PUBLIC RECORD OFFICE. LONDON
MY LORD Duke,
No. 26.
(TRINIDAD.) (GENERAL.)
LAW OFFICERS to COLONIAL OFFICE.
Lincoln's Inn, July 12, 1860.
We are honoured with your Grace's commands, signified in Sir Frederic Rogers' letter of the 11th May ultimo, in which he stated that he was directed by your Grace to acknowledge the receipt of our letter of the 24th March ultimo, conveying our opinion on a question submitted to us in his letter of the 5th December ultimo, and from which it has been gathered that it is our opinion that in case a person feloniously hurt in Trinidad shall die of the injury beyond the limits of that Colony the local Legislature is not competent to declare in terms of the Imperial Act 9 Geo. IV. o. 31. s. 8. that the offence shall be dealt with as if the death had occurred within the island.
Sir Frederic Rogers was also pleased to state that the provisions of the Imperial Statute being so reasonable, or rather so evidently necessary to prevent failure of justice, that the expediency of their extension to the Colonies appeared unquestionable, but that as they merely affect the local administration of justice they belong to a class of laws which, according to the now received principle of Colonial legislation, should be enacted by the Colonies for themselves at their own discretion, and not imposed on them by the authority of the Imperial Legislature.
Sir Frederic Rogers was also pleased to state that it was therefore desirable that an Act should be passed by Parliament enabling these Colonial Legislatures, if they think fit, to adopt the provisions of 9 Geo. 1V. c. 31. 8. 8. But that it appeared to your Grace that the reason of that enactment is not confined to the case of murder, and that cases may be easily imagined in which a crime may be completed as far as the physical act of the agent is concerned within the limits of a Colony, but where it may be im. possible to deal with the criminal according to the real merits of the case, because the subsequent events which determine the character of the offence have occurred beyond the Colonial jurisdiction.
Sir Frederic Rogers was also pleased to state that it appeared to your Grace, there- fore, desirable that Colonial Legislatures should have the power of enabling their courts of justice in determining the criminal character of an act committed with their jurisdiction to take into account all subsequent events on which that criminal character may depend in whatever country those events may have happened.
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Sir Frederic Rogers was also pleased to state that the accompanying Draft Bill had been framed in order to effect that object, and that he was desired to request that we would favour your Grace with our opinion whether it may properly be submitted to Parliament, and with any suggestions for its amendment which might appear to us requisite.
În obedience to your Grace's commands we have taken these papers into our con- sideration, and have the honour to
Report
That we approve of the Draft Bill as altered by us. We observe that it is proposed to enable Colonial Legislatures to apply to the particular possessions such part only of the 9 Geo. IV. c. 31. s. 8. as relates to hurts, &c. inflicted in England, and death occurring out of England, and not the part which relates to hurts, &c. inflicted out of England, followed by death in England. We approve of this restriction in the case of a Colony. We cannot advise his Grace the Duke of Newcastle to seek to apply the rule of the Imperial Statute to injuries to property, and we therefore confine the Draft Bill to injuries to the person, to which the general statute from which it is bor- rowed is restricted.
His Grace the Duke of Newcastle, K.G., &c.
&c.
&c.
• No. 10.
We have, &c. (Signed)
RICHARD BETHELL. WM. ATHERTON.
0 16278.-5.
25.-9/86.