CO885-(2-3) — Page 158

No. 65.

1

No. 65.

Corr of a LETTER from the LAW OFFICERS of the CROWN to Mr. Secretary

SIR,

LABOUCHERE.

Doctors' Commons, December 21, 1857.

Person charged, in WE are honoured with your commands signified in Mr. Elliot's letter of * Colony, with any the 6th of November ultimo, requesting that we would furnish you with our

opinion on the following questions:-

offence under

12 & 18 Vict., c. 96, cannot be sent to England for trial; nor can proceedings

of such trial be

The Act of Parliament, 12 & 13 Vict., cap. 96, provides that if a person shall be charged in any colony with any one of certain specified offences, committed within the jurisdiction of the Admiralty, the Colonial Judicature shall have the same powers for trying such offence as they would have possessed, revised in England. and shall be authorized, empowered, and required to carry on such proceedings, for bringing the accused person to trial as would and ought to have been carried on, if the offence had been committed within the jurisdiction of the Colonial Court.

Having regard to the provisions of the Statute, we are requested to inform you

1st. Whether a Colonial Court of Judicature, before which a case is brought for trial under the provisions of the 12 & 13 Vict., cap. 96, possesses either at Common Law, or in virtue of any Statute, the power of sending the accused person to England for trial? And,

2ndly. Whether any means exist (other than those which may be provided by the Law of the particular Colony), by which the proceedings on such trial may be sent to England for revision ?

In obedience to your directions, we beg to report—

That having considered the questions submitted to us, we are of opinion that both must be answered in the negative.

The Right Hon. H. Labouchere, M.P.,

We have, &c. (Signed)

J. D. HARDING.

RICHARD BETHELL. HENRY S. KEATING.

&c.

&c.

&c.

AUSTRALIAN

COLONIÉS.

T

PUBLIC RECORD OFFICE

Reference :-

C.O.8

885

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