CO885-(10-11) — Page 828

9465.

PUBLIC RECORD OFFICE

Reference :-

TELEC.O. 885

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

11 PUBLIC RECORD OFFICE, LONDON

No. 659.

(SIERRA LEONE.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

Temple, August 30, 1870. We are honoured with your Lordship's commands, signified in Mr. Herbert's letter of the 27th instant, stating that he was directed by your Lordship to transmit to us copies of a Despatch of the 2nd August from the Governor of Sierra Leone, and of the enclosures thereto, from which it would be seen that the Chief Justice and Mr. Montagu, the present legal adviser of the Governor, were at issue as to the powers of the Governor, with the advice of his Executive Council, to issue a Special Commission of Oyer and Terminer and General Gaol Delivery.

2. That the Supreme Court of Sierra Leone was constituted by the Ordinance of the 15th December 1858, a copy of which was annexed for reference, and provision was made for the sittings of the Court and for its jurisdiction by the 4th and 5th sections.

3. And in 1864 another Ordinance, which was referred to by Mr. Montagu, was passed, but it was considered unnecessary to trouble us with it, because, after repealing by the 1st section the 4th section of the Ordinance of 1858, it simply fixed the periods for the sittings of the Court in precisely the same terms as those made use of in the 3rd section of the subsequent Ordinance of 1866.

4. And that in 1866 the Supreme Court was reconstituted by Ordinance, and an Assistant Judge was appointed. It would be remembered that by the 5th section of the Colonial Laws Validity Act, 1865 (28 & 29 Vict. c. 63.), every Colonial Legislature had full power "to establish courts of judicature, and to abolish and reconstitute the

same, and to alter the constitution thereof, and to make provision for the adminis "tration of justice therein."

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5. That by the 3rd section of the Ordinance of 1866, a copy of which was annexed for reference, certain times were fixed for the sittings of the Court; and by the 5th section the jurisdiction of the Court was defined, and amongst other things it was provided (as it was by the Ordinance of 1858) that the Court" shall at all times be a *Court of Oyer and Terminer and General Gaol Delivery."

6. The earlier charters of the Colony of 1821 and 1863 had been revoked, but copies of the existing charter of the West Africa Settlements of the 19th February 1866, and of the Royal Commission and instructions to the present Governor of the 13th January 1868, were annexed, and our attention was requested to the 14th section of the charter, by which the Governor was empowered in cases requisite to appoint Commissioners of Oyer and Terminer.

7. And (as) it appeared to your Lordship very desirable that under circumstances such as those stated by the Governor, offenders should be speedily brought to trial, we would favour your Lordship with our opinion

First. Whether the Governor had power to issue a special Commission of Oyer and Terminer and Gaol Delivery, and whether, in pursuance of such commission, a special session could be legally held.

Secondly. If we were of opinion that the above question must be answered in the negative, we were requested to advise what steps should be taken by the local Ordi- nance or otherwise to provide for the holding of such special sessions.

Thirdly. And if legislation should be necessary, your Lordship would be much obliged to us for any suggestions as to the form of the Ordinance which might be transmitted to the Governor for his information and guidance.

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

-Report

That we think it extremely doubtful whether the Governor of Sierra Leone has now the power of issuing a Special Commission of Oyer and Terminer under which it would be the imperative duty of the judges at once to hold a session for the trial of prisoners. Our own opinion on the whole is that he has no such power, and we do not observe that Mr. Montagu argues that he has. Mr. Montagu thinks that under the 5th section of the Ordinance of the 16th November 1866, the Court has the power at all times to

0

16978.-159.

95.-5/86.