CO885-(13-15) — Page 133

16,147.

PUBLIC RECORD OFFICE

Reference :-

C.O.885

13 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

comfortable quarters under a guard, and subjected to no greater restraint on their movements than was necessary to ensure against any attempt to escape.

That Sir Robert Herbert was to request that we would consider and report whether a removal to Saint Helena or to some other British possession with those objects in view would be a removal for safer custody and for the more efficient carrying of the sentences into effect" within the meaning of section 2, sub-section (d), of the Act 47 & 48 Vict. c. 31.

44

We have taken the matter into our consideration and, in obedience to your Lordship's commands, have the honour to

Report

That in our opinion the proposed romoval could be properly made under section 2, sub-section (d), of 47 & 48 Vict. c. 31.

The Right Hon. Lord Knutsford, &c.

&c.

&c.

We have, &c., (Signed) RICHARD E. WEBSTER.

EDWARD CLARKE.

No. 159.

(WESTERN PACIFIC.)

LAW OFFICERS to COLONIAL OFFICE.

21 May 1889,

MY LORD,

We were honoured with your Lordship's commands, signified in Sir Robert

Royal Courts of Justice, August 12, 1889. Herbert's letter of the 29th ultimo, stating that he was directed by your Lordship to transmit to us a copy of a despatch from Sir John Thurston, K.Č.M.G., the High Commissioner for the Western Pacific (with its enclosures), reporting the circum- Sir J. Thurs stances in which he had quashed the decision of the Deputy Commissioner in Samoa to No. 189 in the case of an action for libel brought by the German Consul against the proprietor and enclosure, of the "Samoan Times," and also a copy of a further despatch from Sir John Thurston on J.Thure- reporting that he had quashed the Deputy Commissioner's decision in a second case, 21 May 1988. and requesting to be instructed whether, in the absence of any express provision in order in that behalf in the Western Pacific Orders in Council, he had, as he had been advised, il, 1877. the inherent jurisdiction, as High Commissioner, to control and rectify the actions of Council, 1x75. the inferior tribunals acting under the Western Pacific Orders in Council.

That Sir Robert Herbert was to request that we would inform your Lordship whether we were of opinion that Sir John Thurston's action in the case of the Imperial German Consul v. Cusack, and in the further case referred to, was within his competence as High Commissioner, and generally whether he had the power to deal with the decisions of the Deputy Commissioners.

We have taken the matter into our consideration and, in obedience to your Lordship's commands, have the honour to

Report

That, in our opinion, the power of the High Commissioner to deal with convictions and sentences pronounced or inflicted by a Deputy Commissioner is limited by the Orders in Council to the mitigation or remission of punishment, and it is not competent for him to quash a conviction.

The Right Hon. Lord Knutsford.

We have, &c., (Signed)

RICHARD E. WEBSTER. EDWARD CLARKE.

ton, No. 12,

and enclosure.

Order in

A $7014-83. 25.-6/8D.