CO885-(10-11) — Page 804

4774.

PUBLIC RECORD OFFICE

Reference :-

PERC.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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any such power, and we think that the scheduling the Act, without in terms confirming it does not amount to enacting it by the Imperial Parliament, and that the Queen's assent could not give to the Colonial Act a power against the Imperial Parliament to which the Imperial Parliament had not consented.

This being our opinion upon the first question it becomes unnecessary to answer the second question asked of us by Sir Frederic Rogers.

The Right Hon. Earl Granville, K.G.

&o.

い

&o.

&c.

We have, &c.

(Signed)

R. P. COLLIER. J. D. COLERIDGE.

No. 639.

(MALTA.)

LAW OFFICERS to FOREIGN OFFICE.

MY LORD,

Temple, April 27, 1870. We are honoured by your Lordship's commands, signified in Mr. C. Spring Rice's letter of the 14th April instant, stating that with reference to our reports of the 5th, 9th, and 28th of February, relative to the case of the prisoners Polidano at Malta, he was directed by your Lordship to transmit to us a letter from the Colonial Office, enclosing copies of correspondence with the Governor of Malta as to the course to be pursued in case the validity of their detention is called in question, and suggesting that our attention should be called to the second section of the Order in Council of November 10, 1866, inasmuch as it appeared from Mr. Lane's Despatch No. 1 of the 15th of January that the prisoners were tried under a deputation granted in pursuance of the provisions of that order. Mr. Rice was pleased also to transmit a copy of the Order in Council and the previous correspondence on the subject of the Polidano case, and to request that we would again take the matter into consideration, and favour your Lordship with our opinion on the point.

In obedience to your Lordship's commands we have again taken the matter into our consideration, and have the honour to

Report

That we have not before us the form of deputation issued to the Consular Court of Egypt under the second section of the Order in Council of 1866, but presuming it to have specified the power of deporting condemned criminals to Malta for the purpose of their undergoing their respective sentences, we are of opinion that the warrant of that Court in the case of the brothers Polidano was a valid warrant, and that they have been lawfully sent to Malta to undergo their punishment.

With regard to Earl Granville's observation, to which the attention of Mr. Hammond is invited in the letter from the Colonial Office of the 7th April, "that no special refer- ence was made to the Order in Council of 1866, in Bugija's case, and that the Law "Officers in their report, as embodied in Lord Clarendon's Despatch to Her Majesty s "Consul-General at Tuuis of 11th February last, made no allusion to the Order in "Council of 1866, but only to the Order in Council of 1864," we would remark that as Bugija was deported to Malta from Tunis under a warrant from the Provincial Consular Court of Tunis, the Order in Council of 1866 could have no application to this case, being concerned exclusively with the powers of the Provincial Consular Court of Egypt.

Lord Clarendon.

&c.

&c.

We have, &c. (Signed)

R. P. COLLIER.

J. D. COLERIDGE, TRAVERS TWISS.

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16278-722

25.-8,86.