PUBLIC RECORD OFFICE
C.O. 885
Reference :-
14 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
2
Contempt of court may be of two kinds, and the distinction is fully established by the decision of the Court of Appeal in the case of O'Shea v. O'Shea and Parnell ex parte (L.R. 15, P.D. 59). Where the contempt alleged is disobedience to an order of the court made in a suit and to obtain the doing of something required for the conduct and fur- therance of that suit, a committal to prison until such order is obeyed is not in the nature of a conviction for a criminal offence: it is subject to appeal, and it would be unconstitutional for the Crown to interfere with the court which has considered such a committal requisite for securing the administration of justice. But where, as in this case, the contempt alleged is not an act done in any suit, it is a criminal offence and the order of committal is a summary conviction. Such an order is not subject to appeal, and it is within the prerogative of the Crown to grant a pardon and remit the punish-
ment.
3. In our opinion the prerogative was rightly exercised.
The Right Hon. Lord Knutsford,
&c.
&c.
&c.
We have, &c. (Signed) RICHARD E. WEBSTER.
EDWARD CLARKE.
16566,
No. 16.
(FIJI.)
LAW OFFICERS to COLONIAL OFFICE.
Royal Courts of Justice, MY LORD,
August 16, 1892. We were honoured with your Lordship's commands signified in Mr. Fairfield's letter of the 2nd instant stating that, with reference to our report of the 11th of July 1890, given in reply to a letter from the Colonial Office of the 19th of June of that year, respecting the proposal that a local law should be passed in Fiji authorising the detention of natives brought thither from places outside the jurisdiction of tho Colony, who might have been proved guilty of violence against British subjects, he was directed by your Lordship to transmit to us, for our consideration, the ac- companying draft Ordinance which had been prepared by direction of your Lordship with the concurrence of the Marquis of Salisbury and of the Lords Commissioners of the Admiralty.
That Mr. Fairfield was to request that we would favour your Lordship with our opinion whether the Ordinance as drafted was one which might properly be forwarded to the Governor of Fiji, with a view to its being passed by the Legislative Council, or whether, in our opinion, it required any, and, if so, what amendments.
That your Lordship thought it might be convenient that we should have before us st. Vincent, in considering the question copies of the Ordinances (as noted in the margin) which No. 10, 1888. had been passed in different colonies for the detention of various persons.
We have taken the matter into our consideration and, in obedience to your Lordship's commands, have the honour to
Mauritius,
Mauritius,
No. 9, 1877.
No. 1, 1882. Mauritius,
No. 10, 1886. Gibraltar, No. 2, 1885. Gold Coast,
Report
·
The Right Hon. Lord Knutsford, G.C.M.G.,
&c.
&c.
That as altered and initialled by us we approve the draft Ordinance.
We have, &c. (Signed) RICHARD E. WEBSTER.
EDWARD CLARKE.
No. 15, 1887.
St. Helena,
No. 1, 1890.
&c.
DRAFT.
AN ORDINANCE to authorise the reception and detention in the Colony of Fiji of certain persons when brought there by Her Majesty's naval officers.
Whereas it is expedient to make provision for the detention in certain cases in the Colony of Fiji of persons who in places not being within Her Majesty's dominions or the jurisdiction of any civilised power have committed crimes, outrages, or disorders.
Be it therefore enacted by the Governor, with the advice and consent of the Legis- lative Council, as follows:-
1. It shall be lawful for the Governor to receive and to detain in the Colony of Fiji during Her Majesty's pleasure any persons not being Her Majesty's sub- jects, or the subjects or citizens of any civilised power who have been taken prisoner and brought to the Colony by Her Majesty's naval, officers on the ground of crimes, outrages, or disorders committed by such persons in places not being within Her Majesty's dominions or the jurisdiction of any civilised Power.
2. Every prisoner so received and detained shall be under the legal custody of the chief of police, and of all officers and constables of the police force of the Colony, and also under the legal custody of any person who may from time to time be specially appointed by the Governor in that behalf.
3. The Governor may appoint from time to time any place in the Colony to be the usual place of detention of the prisoners or any of them, or may make such other provision as he thinks fit for their detention, and in either case may from time to time make special regulations for the care, custody, and maintenance of the prisoners and as to communication with them, and any person offending
0
70451.-26. 25.-9/92.