47056
No. 57.
(GIBRALTAR.)
LAW OFFICERS to COLONIAL OFFICE.
[Petition of Right of James Alexander Dagnino.]
Royal Courts of Justice, MY LORD,
December 20, 1906. WE were honoured by your Lordship's commands, signified to us by Mr. Ber- tram Cox in his letter of the 10th October last, stating that, with reference to our report of the 3rd August,* he was directed by your Lordship to lay before us the further correspondence noted in the margin of his letter and to request our con- sideration of a Petition of Right submitted for presentation to His Majesty by Mr. James Alexander Dagnino, a British subject in Gibraltar.
That the petition was originally transmitted by the Governor in his despatch
of the 26th February last, and, after some correspondence with the Governor and also with the Admiralty on the subject, the general question as to the proper pro- cedure to be adopted in the case of Petitions of Right submitted by British subjects in Gibraltar was considered by us in connection with the present petition, and formed the subject of our report referred to above.
That further documents bearing upon the subject-matter of the petition had been received from the Admiralty, and that he was to lay the petition again before us and to request us to be good enough to report:-
1. Whether, having regard to all the circumstances, the case was one in which
a fiat ought to be granted?
2. If so, what should be the form of the endorsement and what should be
the procedure to be adopted when the petition has been so endorsed?
We have taken the matter into our consideration and, in obedience to your Lordship's commands hate the honour to
Report-
That (1) in our opinion a fiat should be granted in this case.
(2) The petition should be specially endorsed: "Let Right be done in the Supreme Court of Gibraltar." We think that the Petitions of Right Act, 1860, does not apply to Gibraltar, and that, in the event of no rules existing in or being made by the Supreme Court adopting the procedure of the Petitions of Right Act, 1860, the Common Law procedure in such cases should be followed.
We have, &c.,
JOHN L. WALTON. W. S. ROBSON.
The Right Honourable
The Earl of Elgin, K.G.,
&c.,
&c..
&c.
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