2086.
PUBLIC RECORD OFFICE
C.O.
Reference :-
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No. 105.
(SIERRA LEONE.)
LAW OFFICERS to FOREIGN OFFICE.
Doctor's Commons,
February 18, 1862. MY LORD,
We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 12th February instant, stating that he was directed by your Lordship to transmit to us the accompanying letter from the Colonial Office, enclosing a copy of a Despatch from the Governor of Sierra Leone reporting the circumstances under which the French Vice-Consul in that Colony had allowed a judgment against him in the Supreme Court for libel to go by default, and thereupon claimed by virtue of his office exemption from arrest and imprisonment for nonpayment of the damages awarded against him, and to request that we would take these papers into our consideration, and that we would favour your Lordship with our opinion thereupon.
Mr. Hammond was also pleased to state that we should find marked in the accom- panying volumes the correspondence alluded to by the Governor of Sierra Leone in his letter to the Vice-Consul of the 11th of January.
In obedience to your Lordship's commands, we have taken these papers into our consideration, and have the honour to
Report
That foreign Consuls can claim no exemption by virtue of their office from the jurisdiction of British courts of civil judicature in respect of acts of such Consuls by them committed within British jurisdiction.
In this case the action is founded on the alleged publication by the Consul within the Colony of a libel on the plaintiff in the suit, and, if the Consul bad any valid defence to the action (such, for instance, as that the circumstances attending the publication negatived the ordinary presumption of "malice," or that the imputations were true, &o.) he should have "appeared" to the action, and set up such defence in the usual He designedly declined to “ appear," or take any legal step to defend himself, and thereupon judgment (necessarily) passed against him in the ordinary course of law.
The Governor rightly states that he has no power to interfere.
WBY.
We observe that the Consul, in his letter to the Governor of January 16th, indicates an intention of appealing from the judgment in question; but he appears to suppose The Governor thereupon, that it is for the Governor to "put the matter in motion.'
"
in his letter of January 17th, properly informs him that he should take legal advice. It does not appear whether the Consul has With this letter the correspondence closes. legally appealed from the judgment.
Under these circumstances, the matter must necessarily be left to take its course. The Governor's conduct has been perfectly correct, and he has no power in his executive capacity to interfere in any manner with the judgment or its consequences.
The Earl Russell,
&c.
&c.
We have, &c. (Signed) J. D. HARDING. W. ATHERTON.
ROUNDELL PALMER.
0
16728.--136.
25.-8/80.
885
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10 PUBLIC RECORD OFFICE, LONDON
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