CO885-(10-11) — Page 528

Clarke's

Colonial

Laws, PP. 272, 283.

2

order is erroneous in law) under the general powers reserved to Her Majesty by the Orders of Council constituting the charters of justice for British Guiana (23rd April 1831, Article 18; and 20th June 1831, conclusion of Article 25).

5. We know no means by which, pending an appeal, Mr. McDermott can be released from prison, if he is not willing to make the necessary application and submission to the court, for that purpose; which we conceive he might do, without losing his right of appeal. In Mr. Van Sandan's case, that gentleman, after he had made his sub- mission and obtained his discharge (3 Montagu, Deacon, and De Gex, p. 558), was still allowed by the court to prosecute, and did in the end prosecute successfully, an action for false imprisonment (1 Phillips, 445; and 9 Jurist, 296); and although an appeal is a different form of remedy, we see no reason why it should not equally be preserved,, notwithstanding such a discharge, more especially in a case where the only Colonial court in which an action can be brought is the same which pronounced the disputed order of commitment.

6. We think that this question ought to be answered in the affirmative. Vict. c. 63. 8. 5.)

The Right Hon. Edward Cardwell, M.P., &c.

&c.

&c.

We have, &c. (Signed)

(28 & 29

ROUNDELL PALMER. R. P. COLLIER.

5483.

SIB,

No. 413.

(ST. KITTS.)

LAW OFFICERS to COLONIAL OFFICE.

Lincoln's Inn, June 7, 1866. We were honoured with your commands, signified in Mr. Elliot's letter of the 29th ultimo, stating that he was directed by you to transmit to us copy of a Despatch from the Lieutenant-Governor of St. Kitts, together with copies of an Act passed by the Legislature of St. Kitts, and of the reports of the Colonial Attorney General, intituled-

"No. 551. An Act to amend and simplify the Legislature of the Islands of St. Christopher and Anguilla."

And to request that we would favour you with our opinion, whether the abolition of the Council and Assembly, and substitution of a partially nominated Legislative Council, which it is proposed to effect by this Act, and which you consider to be desirable, is open to any objection in point of competency, which ought to prevent you from advising that the Act should receive Her Majesty's sanction.

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

Report

That we are of opinion that it was competent to the Legislature of the Islands of St. Christopher and Anguilla to pass the Act in question.

The Right Hon. Edward Cardwell, M.P.,

&c.

&c.

&c.

We have, &c.

(Signed) ROUNDELL PALMER.

R. P. COLLIER.

0 16976.-330.

25.-5/86.

PUBLIC RECORD OFFICE

Reference :-

PLLC.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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