CO885-(10-11) — Page 115

9844.

No. 87.

(CANADA.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD DUKE,

Temple, November 4, 1861. We were honoured with your Grace's commands, signified in Sir Frederic Rogers' letter of the 21st August last, stating that with reference to a letter, dated the 25th of June last,* from the then Attorney and Solicitor General, with respect to the passing of an Act of Parliament to prevent the issue in this country of a writ of habeas corpus to run in Her Majesty's Colonies, he was directed by your Grace to enclose the draft of a Bill which your Grace proposed, after communication with the Government of Canada, to submit to Parliament during its next session;

And requested that we would favour your Grace with our joint opinion whether this would be effectual for its purpose, and might properly be submitted to Parliament, and that we would inform your Grace of any alterations which ought in our opinion to be made in it.

Sir Frederic Rogers was pleased to enclose a copy of the order of court on which the writ of habeas corpus in the case of Anderson was founded.

In obedience to your Grace's commands we have the honour to

Report

That we have considered the Draft Bill enclosed in the note of Sir Frederic Rogers of the 21st of August, and subject to some alterations which we have made therein, we approve of the same, as identified by our initials. The only material alteration consists in striking out the original proviso relative to an appeal to Her Majesty in Council, and the corresponding portion of the preamble of the Bill. Having regard to the enactment which merely prevents for the future the issue of writs of habeas corpus out of any of Her Majesty's Courts in England into Colonies in the condition of Canada, we now think it inexpedient to provide, in terms, for an appeal in case of a refusal by the Colonial Courts to grant the writ to Her Majesty in Council, but we have introduced a new proviso which will save any existing right of appeal in such

case.

His Grace the Duke of Newcastle, K.G.

&o.

&c.

&c.

We have, &c. (Signed) WM. ATHERTON.

ROUNDELL PALMER.

0 16876.-—-349. 25-9/86.

• No. 72.

mnin

། :། །

PUBLIC RECOR

OFFICE

19

C.O

Reference :-

885

10 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO