835.
P
No. 453.
(JAMAICA.)
LAW OFFICERS to COLONIAL OFFICE.
Lincoln's Inn, January 24, 1867. MY LORD,
We are honoured with your Lordship's commands signified in Sir Frederic Rogers' letter of the 10th of January instant, stating that he was directed by your Lordship to transmit to us the enclosed copies of a correspondence from which we should see that a person of the name of Levien, who had been condemned to imprison- ment by a Court of Special Commission in Jamaica, applied in June 1866 to the Privy Council for leave to appeal against that decision. That by the advice* of the then Law Officers Mr. Hannen appeared on behalf of the Crown to oppose that application. That it appears from the enclosed letter of the 4th January 1867 from the "Solicitor to the Treasury that the court has given leave to appeal without prejudice to the right of the Crown to take objection that the appeal ought to have been to the Supreme Court or Court of Error in Jamaica.
Sir Frederic Rogers was pleased to enclose a copy of the order, and to state that the appellant's solicitors now desire to know whether the case is to proceed ex parte
and oppose the appeal. or whether it is intended that the Crown is to appear
Bir Frederic Rogers was further desired to state that Mr. Levien is no longer in prison under his sentence, having received a pardon from the present Governor of
Jamaica.
That the petition of appeal has not yet been filed, but that it would probably be. ready and served in two or three days.
Sir Frederic Rogers was also pleased to request that we would inform the Home Government on behalf of the Government of the Island of Jamaica whether in our opinion, looking to the importance of the question as to what court is the proper court of appeal in like cases, and to the other circumstances of this case, this appeal should be opposed.
In compliance with the request contained in Sir Frederic Rogers' letter, we have the honour to
Report
That we have considered the papers forwarded to us, and in our opinion, looking to the general nature of the case as well as the importance of the question as to what court is the proper court of appeal in such cases, the Crown ought to appear and oppose the appeal.
JOHN ROLT. JOHN B. KARSLAKE.
We have, &c.
(Signed)
The Right Hon. the Earl of Carnarvon,
&c.
&c.
&c.
See No. 416.
0 16978.—390.
95.-5/86.
C RECORD OFFICE
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Reference :-
TITTIC.O. 885
11
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