122
13
331
Chief Justice addresses himself to technical rather than connected with the actual merits of the question. He conceives that Mr Pollard had no other course than to proceed regularly by Appeal, although the Judicial Committee of the Privy Council Rainy & Justices of Sierra Leone had emphatically repudiated all right to hear appeals from judgments inflicting fines for contempt of court.
15. The Chief Justice also contends that as a petition to the Queen cannot be regarded as a judicial proceeding, all affidavits sworn in connection with such petition are not merely extra-judicial, but actually criminal and illegal.
19. In Rainy v. The Justices of Sierra Leone, the report states that when abandoning his appeal, William Rainy presented a petition to the Queen, which was referred by the Colonial Office to the Judicial Committee, and that a copy of the petition of Rainy was served on the Justices of Sierra Leone, and the answer as well as the petition of Rainy were supported by Affidavits filed on both sides. It was therefore natural that I should have undertaken to forward any petition received from Mr Pollard supported by Affidavits or other evidence.
Page 3.
I am therefore glad that the Chief Justice, as stated in his reply, mentioned to Mr Whyte his opinion as to the illegality of the Affidavits - for the latter has since
Enclosure 1.
Enclosure 4.
Pura- 160.
MTM
122
13
331
Chief Justice addreses himself is technical
rather than connected with the actual
merito of the question. He conceives that
M2 Pollard had
no other course than to
in
proceed regularly by Appeal, although the Judicial Committee of the Privy Council Rainy & Justices of Siena krone had ~ emphatically repudiated all right to hear appeals from judgments inflicting fines for contempt of lecurt.
15. The Chief Justice also contends that as
a petition to the Queen cannot be regarded judicial proceeding all affidavits swom
as a
in connection with such petition
are not
merely extra judicial, but actually criminal
and
illegal.
19. Im Rainy v
v. The Justices of Sierra
Seone
the
report states that when abandoning his appeal William Rainy
presented a petition to the Queen, which
wab
referred by the Colonial Office to the
Judicial Committee, and that a copy of the
petition of Rainy
was served
of Sis
on
Sierra Leone- and the
Justices of the justices
Rainy
were
as well
the
ambwer
as the petition of
supported by Affidavits lited
on both sides. It
was
therefore natural that I should have undertatten to forward
Enclosure 1. any petition
Page 3.
received from
Mr Bollard-
supported by Affidavits or other evidence. I
aw
therefore glad that the Chief Justice,
Enclosure 4. as stated in
Pura- 160.
his
MTM
reply, mentioned to MC2 Whyte his opinion us to the illegality of the Affidavits - for the latter has since
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