CO885-(10-11) — Page 298

3763.

SIB

No. 245.

(NATAL.)

LAW OFFICERS to COLONIAL OFFICE.

Lincoln's Inn, April 21, 1864. We were honoured with the commands of his Grace the Duke of Newcastle, signified in Mr. Fortescue's letter of the 31st March ultimo, stating that he was directed by his Grace to transmit to us a copy of a letter addressed to his Grace by Messrs. Shaen and Roscoe, enclosing a petition of the Bishop of Natal to the Queen in Council, and he was to request that we would advise his Grace what course he ought to take in the matter.

Mr. Fortescue was also pleased to annex for our information the documents noted in the margin.

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

Report

That although this petition is unusual in its form, and although in substance it contains some propositions relating to the authority and jurisdiction of the Crown in such a case, which seem to us, as at present advised, to be extremely questionable in point of law; yet inasmuch as it is substantially an appeal from a sentence, which it represents to be a judicial sentence, to what it assumes to be a competent appellate jurisdiction in the Crown, we upon the whole incline to the opinion that the proper course for the Secretary of State to adopt will be to advise Her Majesty to refer this petition in the most general way to the Judicial Committee of Her Privy Council, in order that by them the whole question as to the jurisdiction of the Crown in this matter, as well as every other question of law arising in the case, may be properly determined.

We have, &c. (Signed) ROUNDELL PALMER.

To the Right Hon. Edward Cardwell, M.P.,

&c.

&c.

&c.

R. P. COLLIER. ROBERT PHILLIMORE.

Letter F

18.

23 Nov. 1855.

Do. Bp. of Cape- LOWD.

Natal Charter.

2 March 1947

o 16978.-69,

25.-2/86.

PUBLIC RECORD OFFICE

Reference :-

C.O. 885

10 PUBLIC RECORD OFFICE, LONDON

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