CO885-(10-11) — Page 702

4878.

PUBLIC RECORD OFFICE

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Reference :-

C.O. 885

11

PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE COPYRIGHT PHOTOGRAPH—NOT TO BE REPRODUCED PHOTOGRAPHIC-

decided, and if that had been determined in his favour, a jury could have given him damages if he had suffered a wrong.

He further urges that the question was one of great public importance, and cites a Despatch of Lord Glenelg's with reference to the conduct of the judges of St. Chris- topher's in the case of a Mr. Cobb as being "similar to that of the judges in his case.” On this it need only be remarked that unless the circumstances of that case were all accurately stated, it is impossible to say whether it can be relied upon as a precedent.

Whenever a Court of Justice exercises its power of committing for contempt, the "the members of that court must be, as they were in the present case, in a sense

Mr. McDermott further refers to the judgment of the parties and the accusers." Judicial Committee, as having been given "on what may be called technical grounds.” It is true in rescinding the order for leave to appeal the Judicial Committee "do "not enter into merits of the case, and say nothing as to the character of the libel upon "which the court thought it proper to commit the appellant for contempt," and in this sense the judgment may be said to have been on technical grounds, and on this I would beg leave to refer to my former observations.

It must further be remembered that the Judicial Committee has ordered the costs to be paid by the appellant, and that decision was given after their Lordships' attention had been specially called to the most material circumstance on which the petitioner now relies.

As the present petition involves no question of law, but is one entirely for their Lordships' discretion, I have thought it right, though I fear at some length, to call attention to what appear to me to be material circumstances in the case.

Their Lordships' minute of reference gives me no directions as to what their Lordships desire from me.

If they desire my opinion on the petition, it is that Mr. McDermott was misled by the letter of the 23rd June 1866, addressed to him by the Acting Government Secretary of the Colony, into instructing his solicitors to present a petition on his behalf to the Judicial Committee; that if he had been refused leave to appeal, or if on obtaining the leave, with the reservation made, he had abandoned his appeal, he might have again addressed Her Majesty through the Secretary of State, and have had an equitable claim on the Government, even for the costs he had incurred up to this point; that the Judicial Committee having given him leave to appeal with the reservation of the ques- tion of the competency of the court to entertain it, he should have taken counsel's opinion before accepting the leave on those terms; he was not taken by surprise at having the decision against him on the reserved point, he went on at the risk of having to pay all the costs, and was properly made liable to the respondents' costs, after atten- tion had been called to the material facts on which he now relies in his petition to Her Majesty. I think their Lordships may properly decline to interfere with the decision of the Judicial Committee.

I may observe that the opinion I have ventured to express is without reference to the considerations urged in the 6th paragraph of the Despatch of Governor Hicks to the Colonial Secretary.

The Secretary, Treasury.

I am, &c.

(Signed) A. K. STEPHENSON.

Herewith is sent print of judgment of Judicial Committee to which I have referred, and the papers referred to me are herewith returned.

No. 558.

(CAPE OF GOOD HOPE.)

LAW OFFICERS to COLONIAL OFFICE.

Temple, April 29, 1869. MY LORD,

We are honoured with your Lordship's commands, signified in Sir F. R. Sandford's letter of the 24th instant, stating that he was directed by your Lordship to transmit to us a copy of a Despatch with its Enclosures from the Governor of the Cape of Good Hope, relative to the recent consecration of the Rev. Mr. Macrorie as a bishop for the Colony of Natal, and to state that your Lordship proposes to answer this communica- tion in the terms of the Despatch to the Governor of which a copy was enclosed, but that before doing so your Lordship would be glad to be informed whether the proposed answer is in our opinion a proper one.

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

Report

That the proposed reply of your Lordship to the Governor of the Cape of Good Hope appears to us to be perfectly proper.

To the Right Hon. the Earl Granville,

&c.

&c.

&c.

0 16278.-113.

25.-5/86.

We have, &c. (Signed)

R. P. COLLIER.

J. D. COLERIDGE. TRAVERS TWISS.