CO885-(10-11) — Page 886

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PUBLIC RECORD OFFICE

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wwwd..........C.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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

MY LORD,

No. 701.

(WESTERN AUSTRALIA.)

LAW OFFICERS to COLONIAL OFFICE.

Temple, April 19, 1871.

WE are honoured with your Lordship's commands, signified in Mr. Holland's letter of the 13th April instant, stating that he was directed by your Lordship to

request that we would take the accompanying papers into our consideration.

1. A Despatch from the Governor of Western Australia, enclosing a petition addressed No. 10.

to Her Majesty by Mr. Stephen Henry Parkes, a practitioner in the Supreme Court of 26 Jan. 1871.

the Colony, praying Her Majesty to remit certain fines imposed upon him by the Chief Justice of Western Australia, and that Her Majesty would be pleased to cause an examination to be made into the conduct of the Chief Justice.

That Governor Weld forwarded with that Despatch, "Remarks of the Chief Justice in the matter of a petition by S. H. Parkes," and various other papers connected with the petition, and with the revocation of a ticket of leave of a convict, Young. Copies of which Mr. Holland enclosed for our consideration.

Mr. Holland was also pleased to annex copies of a further Despatch from the Governor enclosing copy of a petition addressed to the Queen, by Mr. Arthur Shenton, newspaper proprietor, in the same Colony, praying Her Majesty to remit a fine of 1001. imposed upon him by the Chief Justice, and praying Her Majesty to cause an examination to be made into the Chief Justice's conduct in the matter, and

Mr. Holland further stated that he was to request that we would favour your Lord- ship with our report on the following questions :—

1. Whether, having reference to the decisions of the Judicial Committee in the cases of Rainy . Justices of Sierra Leone, 8 Moore, P. o. 47, and Macdermott v. Judges of British Guiana, L.R., 2 P. cc. 341, the circumstances stated with respect to those petitions of Mr. Parkes and Mr. Shenton are of such a nature that your Lordship could properly recommend a reference of those petitions, or either of them, to the Judicial

Committee.

2. Whether it was legally competent for the Governor to revoke the ticket of leave of H. Dills Young for the cause assigned.

Mr. Holland also added that he was to forward to us in original the enclosures to

the Governor's Despatches, and copies of the local Ordinances 14 Vict. o. 6. and 16 Vict o. 18., referred to by Mr. Leake in his Opinion.

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

Report

That without expressing unqualified approbation of the discretion and temper shown by the Chief Justice in every part of the proceedings, we do not think that the circum- stances of the case are of such a nature that your Lordship can properly recommend these petitions, or either of them, to be referred to the Judicial Committee.

2. Although we doubt whether the description of misconduct of which Young was guilty was "immoral or disorderly " within the true meaning of the 25th section of the 14 Vict. No. 6., yet it appears to us that the concluding words of the section make the Governor the judge of this question; we cannot, therefore, say that the revocation of Young's ticket of leave was ultra vires, though we question its discretion.

The Right Hon. the Earl of Kimberley,

&c.

&c.

&c.

We have, &c. (Signed) R. P. COLLIER.

J. D. COLERIDGE.

• 16278.-660. 95.--5/86.

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