CO885-(10-11) — Page 524

4203.

No. 409.

(DOMINICA.)

SIR,

LAW OFFICERS to COLONIAL OFFICE.

Lincoln's Inn, April 30, 1866.

We are honoured with your commands, signified in Sir Frederic Rogers' letter of the 21st April instant, stating that he was directed by you to transmit to us the copy of a Despatch from the Governor in Chief of the Leeward Islands, with one from No. 17. the Lieutenant-Governor of Dominica, forwarding a memorial from the late Speaker 1 March and members of the late House of Assembly of that Colony, who were defendants in 1866. an action brought against them by Mr. G. C. Falconer, resulting in a verdict for him, against which an appeal is now pending before the Judicial Committee of the Privy Council; and also to annex the copy of a further Despatch from the Governor, forwarding a separate memorial from Mr. Palmer, the Treasurer of Dominica.

Sir Frederic Rogers was also pleased to state that he was directed by you to request that we would take these papers into our consideration and favour you with our opinion whether the appeal would be so far likely to succeed as to justify the prosecution of it at the cost of the Colony; also whether the request with which Mr. Palmer's memorial concludes can be acceded to, and if so, what steps should be taken with that object.

In obedience to your commands, we have taken these papers into consideration, and

have the honour to

Report

That the Attorney General is of opinion that there is no probability of the success of this appeal; the Solicitor General is not altogether satisfied of this; we are, however, both disposed to think that, under all the circumstances of the case, the defendants ought to be indemnified against damages and costs by the Colony.

We think that the request of Mr. Palmer cannot be complied with, but that the point on which he insists, as in his favour, must be presented to the Judicial Committee of the Privy Council in the usual manner.

The Right Hon. Edward Cardwell, M.P.

We have, &c. (Signed)

ROUNDELL PALMER.

R. P. COLLIER.

0 16278.-209. 25.-5/86.

PUBLIC RECORD OFFICE

Reference :-

TTILL CO. 885

11 PUBLIC RECORD OFFICE, LONDON

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