18
384
Case;
but, having at last seen it, I think I may safely assert that it has no connection with Mr Pollard's Case.
25.
It was the case of a Printer imprisoned for six months by Chief Justice Beaumont for libellous Articles published by him and Sand Westbury in a newspaper. Westbury in giving the decision of the Committee allowing an appeal in that case, explained that the Committee drew a distinction between things done by "Practitioners of Colonial Courts" and things done "in curia" — things done directly leading to an interference with the administration of Justice: if they come within either of these categories!
26.
The leave to appeal was therefore given because the sentence on Mr Dermott was for an offence not done in curia and the justice of which an English Court was therefore equally competent to decide, which could not be the case where the offence had been committed actually "coram Judice."
27. Nevertheless Lord Westbury declared pointedly that whether there was a right to appeal or not, even in "contempts" extra curiam, the object of the Committee was that the important question should be fully argued when it came before them. I doubt therefore that I was rightly advised as to the course, which I should direct Mr Pollard to adopt.
28.
So far from being upset by Mr Dermott's case, I am strongly confirmed thereby. I further believe that the adoption of the Chief
EX.
18
384
Case;
but, having at last seen it, I think I may safely assert that it has
with Mr Pollard's Case.
no connection
25.
It
wab
the
cabe
of
a ал
Printer imprisoned
for six months by lhief Justice Beaumont
for libellous Articles published
buy
him and Sand Westbury
in a
neuspaper
Westbury in giving
giving the
decision of the Committee allowing
15
an
appeal
in that case, xplained that the Committee
14
drew a distinction between things
done
by
"Practitioners of bolonial leourts and things
{}
in curia things
done directl
directly leading to an
done
interference with the administration of Justice":
if there categories!
come
within either
11
"and things which do not
26
The leave to appeal
was
therefore given
for
because the sentence on M6 Dermott was
ww
offence not done in buria and the justice
of which
an
English bout
was
therefore
equally competent to decide, which could not be the case where the offence had been
•boram Judice.
committed actually
27 Nevertheles Land Westbury declared
pointedly
that whether there
or not, even in
appeal or not,
was a
right to
"contempts" extra curiam
of
the object of the Committee was" that
necessity that important question should be
fully argued
have no
when it came
before them". I
rightly
doubt therefore that I.
was
advised as to the course, which I should
direct Mr Sollard to adopt.
2
a course which
I
So far from being upset by Mr Dermotte case is strongly confirmed thereby. further believe the
adoption of the Chief
EX.
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