8796.
MY LORD,
No. 427.
(NEWFOUNDLAND.)
LAW OFFICERS to FOREIGN OFFICE.
Lincoln's Inn, September 7, 1866. We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 7th ultimo, stating that he was directed to transmit to us a letter from the Colonial Office forwarding the transcript of an Act passed by the Legislature of New- foundland relative to the deportation of criminals from that Colony, together with a Despatch addressed by the Governor to the late Secretary of State for the Colonies; and Mr. Hammond was pleased to request that we would take these papers into conside- ration, and inform your Lordship whether in our opinion this Act may properly be submitted for the Queen's confirmation. The previous correspondence was also enclosed for convenience of reference.
In obedience to your Lordship's commands we have taken this case into considera- tion, and have the honour to
Report
That we feel some difficulty as to the words in section 1" without delay" coupled with the enactment that if the person does not depart he may be arrested and detained by any person and imprisoned without warrant.
There is no provision in the proposed statute as to who is to say what is delay in each case, and as to who is (to) guard against abuse in "any person" arresting and detaining on the score that there has been delay.
We think the Court should name the time within which the convict is to leave, and then he may be arrested if found in the Colony after that time and before the expira- tion of his sentence, and we humbly advise that the proposed statute should undergo these amendments before it receives the confirmation of Her Majesty.
We have, &c. (Signed) H. M. CAIRNS.
W. BOVILL.
The Lord Stanley, M.P.
&c.
&c.
D
16$78.-810, 95.---5/06.
R. PHILLIMORE.
། ། ། ། ། །
PUBLIC RECORD OFFICE
Reference :--
فلك
C.O. 885
11
PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO