2
Kong justice, whether British or Chinese, may be delivered up in the same manner as Chinese fugitives from Chinese justice are, under treaty, now delivered over to Chinese authorities, subject to the engagement entered into by the Chinese Government in 1866, that they should not be executed by the Ling-chih or by any other form of capital punishment than that of summary execution.
The Under Secretary of State,
Colonial Office.
-I am, (Signed)
&c.
E. HAMMOND.
5071.
MY LORD,
No. 560.
(CANADA.)
LAW OFFICERS to COLONIAL OFFICE.
Temple, May 4, 1869. We are honoured with your Lordship's commands, signified in Sir Frederic Rogers' letter of the 27th April 1869, stating that he was directed by your Lordship to transmit to us copies of a Despatch from the Governor General of the Dominion of Canada, No. 22 of the 11th March 1869, and of a report from the Minister of Justice enclosed therein upon certain Acts passed by the Legislature of the Province of Ontario, and to request that we would favour your Lordship with our opinion whether it was competent for that Legislature to pass the Acts or any of them.
Sir Frederic Rogers was pleased to add that copies of the commission and instruc- tions to Sir J. Young were annexed.
In obedience to your Lordship's commands we have the honour to
Report
We
That we have considered the three several Acta to which your Lordship has been pleased to direct our attention, and we are of opinion that it was not competent for the Legislature of the Province of Ontario to pass such Acts or either of them. consider them inconsistent with the provisions of sections 92 and 96 of the British North America Act.
The Right Hon. Earl Granville, K.G.
We have, &c.
(Signed)
R. P. COLLIER.
J. D. COLERIDGE.
16175-589.
25. 5/86.
PUBLIC RECORD OFFICE
C.O. 885
Reference :-
11 PUBLIC RECORD OFFICE, LONDON
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