CO885-(11-13) — Page 288

amending and extending the same, and in our opinion it is not competent to the Legislature of Malta to enact laws for the punishment of offences committed on board British ships registered in Malta while such ships are beyond the territorial limits of the Colony.

We have, &c.,

The Right Hon. the Earl of Carnarvon,

&c.

&c.

&c.

(Signed)

8260.

RICHARD BAGGALLAY. JOHN HOLKER. J, PARKER DEANE,

MY LORD,

No. 65.

(NEWFOUNDLAND.}

LAW OFFICERS to COLONIAL OFFICE.

Lincoln's Inn, 21st July 1875. We are honoured with your Lordship's commands, signified in Mr. Malcolm's letter of the 14th June ultimo, stating that he was directed by your Lordship to state to us that a question had arisen in Newfoundland as to whether the publication of evidence taken before a Royal Commission not upon oath would lay the members of the Royal Commission open to actions at law.

That he, Mr. Malcolm, was to enclose a copy of the letter from the President of the 3 May 1875. Royal Commission in which that question was raised, and to request that we would favour your Lordship with our opinion whether Mr. Justice Robinson was correct in his view that to furnish the evidence asked for to the House of Assembly of Newfound- land, with a view to its publication, would not be a privileged communication, and that to do so might lay him open to actions at law.

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

Report

That we are of opinion that the publication in the mode proposed of the report of the evidence taken before the Commission would not be privileged, and that therefore Mr. Justice Robinson is fully justified in his objection to such publication.

The Right Hon. the Earl of Carnarvon,

&c.

&c.

&c.

We have, &c.,

(Signed) RICHARD BAGGALLAY.

JOHN HOLKER.

a 12916-64. 25.-12/84.

PUBLIC RECORD OFFICE

Reference :-

CO.

885

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