CO129-012 - Sir John Davis - 1845 [5-7] — Page 317

A

2

to in Ordinance

which have been objected 15, the Chief Justice has furnished.

me

with notes from which I proceed to extract

appear calculated to account_

such as

for

some

of the provisions of the huactment

as it stands at present.

1.

As to the application of the Law of England to this folony-

"Previous to the drafting of the

Ordinance in

attention to a

quection, I drew the Chief Justice's

in your Lordship's

-passage

Despatch. M. 8. of June 3rd 1843, recommending the provision that the Law of England be in frree here. "qualifying this general declaration by an exception almost as general,

part of that Law shall- "force which

namely, that no

be considered in

may

be

inapplicable to the local circumstances the folony or of its inhabitants."

忄

Having

312

in.

made the provision- Having made the

:ordingly, the

the Chief Justice.

Ordinance 15 aee.

observes "The objection to this is perhaps

overrated. From the

euggestions

:etions I have at

times made in Council as to the

as to the application

of certain portions of the English Law, Your Excelloney will. have perceived that I am -

assistance.

not prone to act without the advice and-

f

that body - The only cases in which I should feel justified, may

called

upon, to depart from the rules of English_ Law without that advice and assistance,

would be those

or

of sudden emergency o of

instance

a practical - nature. Thus I may

ease of a

of India, who was

the.

a Native

put-

on his trial at the last Criminal - seccions;

and who through his Attorney (there being

unfortunately

no Bar here as yet) claimed.

the privilege of being.

composed one half of.

tried by a Jury

natives

of his

own

foun to