CO885-(13-15) — Page 90

21,124.

:

No. 129A.

(CANADA.)

The LORD CHANCELLOR to COLONIAL OFFICE.

MY LORD,

House of Lords, S.W., I AM directed by the Lord Chancellor to acknowledge the receipt of your

October 24, 1888. Lordship's letter of the 19th instant [printed below,] and to return the enclosed

papers.

At

The Lord Chancellor concurs in your Lordship's opinion that for the considerations mentioned by your Lordship, and for other reasons of policy, it is desirable to allow the finality of the decisions of the Supreme Court of Canada in criminal cases. the same time his Lordship is not prepared to say that that object will be attained by assenting to the Acts of the Dominion's Parliament in question.

The Right Hon. Lord Knutsford.

I am, &c., (Signed) A. E. C. LIDDELL.

MY LORD,

LORD KNUTSFORD to the LORD CHANCELLOR.

I HAVE the honour to transmit to your Lordship herewith transcripts of two Acts recently 50 & 51 Viet.

Downing Street, October 19, 1888. passed by the Legislature of Canada, entitled respectively "An Act to amend the law respecting c. 50. procedure in criminal cases," and "An Act further to amend the law respecting procedure in criminal cases."

c. 43. of 1888.

C.O. to L.O..

I also enclose copies of the correspondence noted in the margin which has taken place on the subject of these Acts.

There can be no doubt now that the object of these enactments is to take away the appeal to the Sec. of State to Queen in Council in criminal cases tried in the Dominion, and I should be obliged if your Lordship Gor-Gen.. would favour me with your opinion, before advising Her Majesty in regard to the Act of 1888, 1 May 1886. whether it should be allowed to remain in operation.

28 March 1884. Law Officers. 19 April 1888.

Confidentia!,

Sec. of State fo

1888.

I think it only right to state that, looking to what has passed upon the subject, to the very strong Gov.-Geu., desire expressed by the Dominion Legislature and Government, to the undoubted excellence of the No. 116, 1 May Supreme Court of Canada, and to the disfavour with which appeals on criminal cases are viewed by the Privy Council, as is shown in the cases referred to in the report of the Colonial Minister of Gov. Gen., Justice and other cases, I am Her Royal prerogative, and that the decision of the Supreme Court of Canada in criminal cases

personally disposed to advise that Her Majesty should pro tanto waive 18 May 188.

Confidentia', should be final.

I have, &c., (Signed) KNUTSFORD,

The Lord Chancellor.

Do.,

M

29 June 1888.

Dong

18 Sept. 1888.

4 $2950-86. 25.-11/88.

PUBLIC RECORD OFFICE

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C.O.885

Reference :-

13 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TOPage 91

21,249.

1

MY LORD,

No. 130.

(ST. HELENA.)

LAW OFFICERS to COLONIAL OFFICE.

Law Officers' Department, We were honoured with your Lordship's commands signified in Mr. Wingfield's

Royal Courts of Justice, October 27, 1888. letter of the 18th instant, stating that he was directed by your Lordship to transmit to us a copy of a despatch from the officer administering the Government of St. Helena, enclosing papers relating to an appeal which had been made against a decision of the police magistrate fining Captain F. B. Elmslie, R.A., for selling three hogsheads of porter in the circumstances described in the despatch.

That in St. Helena the officer administering the Government was required to dis- charge the duties of Chief Justice of the Supreme Court; and that as he was not a lawyer, and as there was no lawyer in the island who could be appointed to sit with him to hear the appeal, your Lordship desired Mr. Wingfield to enquire as requested by the Acting Governor, whether, in our opinion, Captain Elmalie was rightly con victed.

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

Report

That in our opinion it is clear that Captain Elmalie was wrongly convicted. was not the seller of the porter within the meaning of the Ordinance, and the persons He who did in fact sell were entitled so to do by their auctioneer's licence.

The Right Hon. Lord Knutsford,

&c.

&c.

&c.

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

EDWARD CLARKE.