10251.
SIR,
No. 362.
(WESTERN AUSTralia,)
LAW OFFICERS to COLONIAL OFFICE.
Lincoln's Inn, October 21, 1865. We are honoured with your commands, signified in Sir Frederic Rogers' letter of the 7th of October instant, stating that he was directed by you, Sir, to transmit to us an extract of a report from the Chief Justice of Western Australia, calling attention to the want of jurisdiction in Colonial courts of justice in relation to offenders who have received stolen goods from other Colonies.
Sir Frederic Rogers was also pleased to state that it would be seen that Imperial legislation is required to offect this object, and that you requested that we would inform you whether the draft which the Chief Justice has drawn up, of which a copy was enclosed, is proper and sufficient for the purpose in view, or whether the Act should not extend to all Her Majesty's Colonial possessions.
Sir Frederic Rogers was further pleased to state that he was to suggest the question, whether, and under what modifications, the provisions of the 7th clause of 24 & 25 Vict. c. 94. (respecting the trial of accessories to indictable offences) could be profitably extended to the Colonies.
Sir Frederic Rogers was pleased to add that it would seem that it could not be so extended by mere Colonial legislation.
In obedience to the commands contained in Sir Frederic Rogers' letter we have taken this matter into consideration, and have the honour to
Report
That we think it is desirable to amend the draft Bill prepared by the Chief Justice of Western Australia, so as to extend its provisions not only to all Her Majesty's Colonial possessions but to India and all other parts of Her Majesty's Dominions abroad, and to introduce into Parliament the Bill so amended. Colonial legislation would clearly be inadequate for this purpose.
The provisions as to accessories of the 7th section of 24 & 25 Vict. c. 94. would, by the 2nd section of the draft Bill (so amended) be extended generally to Her Majesty's Colonies and Foreign possessions, and it appears to us proper and expedient that they should bo so extended.
The Right Hon. Edward Cardwell, M.P.
We have, &c.
(Signed) ROUNDELL PALMER.
R. P. COLLIER.
Ò
16278.-635.
25.-9/86.
PUBLIC RECORD OFFICE
Reference :-
C.O. 885
10 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE COPYRIGHT PHOTOGRAPH-NOT TO BE REPRODUCED PHOTOGRAPHIC-
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