CO885-(11-13) — Page 282

MY LORD,

No. 60.

(GRENADA.)

LAW OFFICERS to COLONIAL OFFICE.

Lincoln's Inn, 7th May 1875. We are honoured with your Lordship's commands, signified in Sir Julian Pauncefote's letter of 19th April ultimo, stating that he was directed by your Lordship to transmit to us copies of sections 26, 28, 29, and 30 of an Act recently passed by the Legislature of Grenada, "To consolidate certain provisions of Acts relative to the Administration of Criminal Justice."

2. That these sections depart from the established law of England in respect of the crime of perjury, especially section 26, which dispenses with proof of the materiality of the evidence whereon the perjury is assigned.

3. That a similar clause was introduced into the Hong Kong Ordinance No. 15 of 1856, "For amending the law of evidence and trial by jury," and was objected to by the Law Officers of the Crown in a letter dated 10th March 1857, of which a copy is enclosed, on the ground of illegality as well as of inexpediency.

4. That since the date of this letter, however, the " Colonial Laws Validity Act" has been passed, which declares that no colonial law shall be deemed invalid unless repugnant to the provisions of an Imperial Act extending to the Colony; and it would seem from a passage in the Judgment of the late Mr. Justice Willes, in Phillips v. Eyre (6 L. R., Q. B., p. 20), that the only other ground of invalidity would be its repugnance "to some principle of natural justice the violation of which would induce

the Court to decline giving effect even to the law of a foreign sovereign State."

Sir Julian Pauncefote was therefore to request that we would favour your Lordship

with our opinion whether, having regard to the "Colonial Laws Validity Act," all or 28 & 29 Vict.

any of the clauses of the Grenada Act relating to the offence of perjury may be c. 63. sanctioned, or whether they should be disallowed, in conformity with the opinion given

by the Law Officers of the Crown in 1857.

In obedience to your Lordship's commands we have taken these papers into conside- ration, and have the honour to

Report

That we do not think that sections 26, 28, 29, and 30 of the Grenada Act are invalid under the Colonial Laws Validity Act.

But we concur in the opinion expressed by the Law Officers in their report of March 10th, 1857, that the creation in a colony of a new offence of perjury unknown to the law of England is highly objectionable and inexpedient.

The Right Hon. the Earl of Carnarvon.

We have, &c.,

(Signed) RICHARD BAGGALLAY.

JOHN HOLKER.

12916-59. 25,- 12/84.

PUBLIC RECORD OFFICE

Reference :-

TUCO.

885

12 PUBLIC RECORD OFFICE, LONDON

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