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PUBLIC RECORD OFFICE

19

C.O.

Reference :-

· 885

No. 151. (NEWFOUNDLAND.)

LAW OFFICERS to COLONIAL OFFICE.

-

of

Temple, December 20, 1862. MY LORD DUKE,

We are honoured with your Grace's commands, signified in Sir Frederic Rogers' letter of the 17th December, instant, stating that with reference to our joint report the 13th instant* on the Petition of Right addressed to the Queen by Mr. Archibald, of Newfoundland, he was directed by your Grace to transmit to us a copy of our report of the 21st of January 1861,† on a Petition of Right to the Queen from Mr. Robinson, of the same Colony, and to state that before making the reference which we now suggest to the Colony, your Grace would wish to be informed whether the case of Mr. Robinson enables us to give your Grace any more definite advice upon that of Mr. Archibald.

In obedience to your Grace's commands we have taken this matter into consideration, and have the honour to

Report

That the precedent of Mr. Robinson's case appears to be in point and in conformity with the opinion then expressed both by the Attorney General of the Colony and by the then Law Officers of the Crown. We now advise that Mr. Archibald's petition should be endorsed by Her Majesty with the words, "Let right be done in the Supreme Court of Newfoundland." We do not conceive that by recommending the endorse- ment to be made "in the usual manner" the Law Officers meant to advise that Mr. Robinson's case should be brought to trial in any of the courts of this country; and if that is not to be done, we think that the form of endorsement, which we recom- mend be shown to be proper by the case in the Court of Exchequer, referred to in our former report on Mr. Archibald's petition, besides being expressly asked for by the prayer of the petition.

We have, &c.

(Signed)

&c.

His Grace the Duke of Newcastle, K.G.

&c.

&c.

• No. 150.

WM. ATHERTON. ROUNDELL PALMER.

† No. 53.

0 16278.-522.

25.-2/86.

10

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