CO885-(11-13) — Page 253

MY LORD,

No. 40.

(TASMANIA.)

LAW OFFICERS to COLONIAL OFFICE.

Lincoln's Inn, 14th October 1874. We are honoured with your Lordship's commands, signified in Mr. Herbert's letter of the 29th September ultimo, stating that he was directed by your Lordship to transmit to us a copy of a despatch from the Governor of Tasmania, enclosing a No. 18, Memorandum by the Attorney-General of that Colony, calling attention to a case at 29June1874. the Criminal Sittings of the Supreme Court held at Hobart Town on the 19th May last, which he stated appeared to him to call for Imperial legislation in order to remedy a defect thereby disclosed in the criminal law of the Colony. That the Attorney-General also observed in his Memorandum that it was extremely probable that the defect adverted to exists in the legislation of all the Colonies of the Austra- lasian Group.

That to meet the difficulty raised by the case your Lordship had caused to be prepared the enclosed draft of an Order in Council for extending the jurisdiction of the Supreme Courts in the Australasian Colonies as well as in the Colony of Hong Kong, to which your Lordship is of opinion the Order should also extend, and that he, Mr. Herbert, was to request that we would favour you with our opinion-

(1.) Whether the difficulty pointed out by the Attorney-General of Tasmania can be

met by an Order in Council under 23 & 24 Vict., cap. 121; and (2.) Whether the enclosed draft Order in Council is sufficient for the purpose, or

whether any, and, if any, what, alterations should be made in it.

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

Report

1. That the difficulty pointed out by the Attorney-General of Tasmania can, in our opinion, be met by an Order in Council under the 23 & 24 Vict., cap. 121; and 2. That the draft Order in Council submitted to us is sufficient for the purpose.

We have, &c.,

(Signed)

The Right Hon. the Earl of Carnarvon,

&c.

&c.

&c.

.RICHARD BAGGALLAY.

JOHN HOLKER.

+

M

▲ 19916.-39. 25.-12/84.

PUBLIC RECORD OFFICE

CO.

Reference :-

885

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