5391.
་
SIR,
No. 168.
(JAMAICA.)
LAW OFFICERS to COLONIAL OFFICE.
We were honoured with the commands of the Earl of Carnarvon, signified in a
Temple, 2nd May 1878. letter from Mr. Bramston of the 25th of January last, stating that he was directed by his Lordship to transmit, for our consideration, a copy of a despatch from the Governor of Jamaica pointing out the inconvenience which might follow if the Governor was liable to be sued personally in the courts of the Colony, and to invite our attention to the enclosed copies of reports from the Law Officers of the Crown dated March 31st 1864 and 25th of August 1870, and to the observations of the Chief Justice of England and Mr. Justice Lush in the case of Phillips v. Eyre in the 4th Volume of the Law Reports, Queen's Bench, p. 229.
Mr. Bramston was further pleased to state that Lord Carnarvon, before returning any answer to Sir Anthony Musgrave as to his liability to be sued in Jamaica while he was governor, would be obliged by our informing him whether, having regard to the dicts of the learned judges, and to the opinions of the different Law Officers above referred to, we were of opinion that the Officer Administering the Government of a Colony as the Queen's representative under Her Majesty's Commission was subject to or exempt from the ordinary processes of law.
In obedience to the commands contained in Mr. Bramston's letter we have the honour to
Report
That we are of opinion that a Governor of a Colony cannot be made responsible for acts bona fide done by him in his character of Governor, and that if it should clearly appear from proceedings taken in a court of the Colony by any person against the Governor that the acts complained of were of this description the Court would be justified in ordering such proceedings to be stayed.
We regret to say that we are not agreed upon the answer which should be returned to the precise question which is submitted to us, viz., whether "the Officer Adminis- tering the Government of a Colony as the Queen's representative under Her Majesty's Commission is subject to, or exempt from, the ordinary processes of law.'
16
The Attorney General thinks that the Governor is liable to be sued in the Court of the Colony, although he may be exempt from arrest and imprisonment.
The Solicitor General is of opinion that the Governor is exempt from all process.
The Right Hon.
Sir Michael Hicks Beach, Bart., M.P.,
(Signed)
We have, &c.,
JOHN HOLKER.
HARDINGE S. GIFFARD.
&c.
&.c.
ب
▲ 12916-389. 25.-12/84.
&c.
PUBLIC RECORD OFFICE
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Reference :-
C.O.
885
12 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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