CO885-(10-11) — Page 556

10946.

PUBLIC RECORD OFFICE

61

Reference :-

C.O. 885

सुट

MY LORD,

No. 436.

(CANADA.)

LAW OFFICERS to FOREIGN OFFICE.

Doctors' Commons, November 14, 1866. We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 13th instant, stating that he was directed to acquaint us that your Lordship had instructed Her Majesty's Ambassador at Paris to apply to the French Government, as suggested in our report of the 30th October and 9th instant on the case of Lamirande. That a question, however, arises to which your Lordship directed him to request our attention.

In the event of the French Government consenting to remit Lamirande to Canada. there to be dealt with according to the decision of the Court on his application for release under the writ of Habeas Corpus, and sending him to this country on his way to Canada in charge of a French police officer, may it not happen that a writ of Habeas Corpus, issued by one of the judges in this country on application made on behalf of the prisoner, may be served on the person in whose custody he is, and on the prisoner being brought before the judge and the case argued, his discharge ordered by the The French Government would send judge? How is such a contingency to be met? the prisoner to this country on the faith of no impediment being offered to his being conveyed to Canada, and yet he might be interrupted on the road and set free by process issuing from one of the courts of this country, and that your Lordship would be glad if we would report to your Lordship on this subject at our earliest convenience.

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

Report

That we are of opinion that in the event of Lamirande being brought to this country, a writ of Habeas Corpus might be obtained from the courts or a judge here with a view to his discharge from custody, and that he might in that way obtain his Indeed after his arrival in Canada the writ might release before reaching Canada. equally be applied for to the Court of Queen's Bench in England, although it is probable that the prisoner would prefer applying to Judge Drummond, who has already decided in his favour, and would no doubt at once discharge him.

We think that the French Government should be fully apprised that the effect of the prisoner being remitted to Canada would. almost inevitably be that he would obtain his release, and that the same result would probably attend an application to the courts in England in the event of his being brought to this country.

The Lord Stanley, &c. &c.

We have, &c. (Signed)

W. BOVILL.

ROBERT PHILLIMORE.

Note.-We have sent this report in consequence of the absence of the Attorney General at his re-election without the signature of the Attorney General.

0 16278-465.

23.—5/86.

W. B.

R. P.

11 PUBLIC RECORD OFFICE, LONDON

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