CO129-012 - Sir John Davis - 1845 [5-7] — Page 325

19

320

Eleventhly Appeal...

In explanation of the provicims

under this head in Ordinance. N:15, the

Thief Justice states. "The clause at the

:end of the 69 section demonstrates that the

that Ordinance were

of th

pamers of

not

ignorant of the right of Her Majesty

-Council. Herself to determine what

in

appeals she will receive and

bit

DL

what terms;

it laid down in the Books

& finding, (see flack's fol. Law p. 111 Mt.

ht

leg :) that

there exists in the British felonies generally as to the time within which

& power

both

appeal

and the Sum for which leave to may be granted, they thought they

too much when they

not accuming

were-

supposed that the right of appeal had- formed a subject of local legislation,

not of actual legislation

if

of as

an

legislation. in the.

n-

form

Ordinance, at least by way of-

Proclamation

Proclamation- pursuant: to instructions from the Secretary of State for the felonies Cambernon. v-repoinard (Knapp's

to in.

Rep. 951) for it is clear that Litigants

informed...

restriction sought

ought to be

other of any

imposed upon-

=

:ed in some mode

to be.

a-

their general- right of

appeal.. and it recurred. to the frames s of the present - Ordinance that this information could not be more

weefully than in the manner adopted--

conveyed than in the The clauses however, must-

expunged.."

us

of course be-

I believe that I possess no specifie-

instructions from your Lordship. on the subject of appeals except those conveyed in the fircular Drepatch of 25th March., 1845.

-

Laetty- Juries, Criminal Law, and -

Summary Jurisdiction --

The