C. TO. N. 1769.
HongKong, 17th July, 1867-HongKong.
(Received 17th July)
8. H. Bollard
R.
Z
Creating Colonial Secretary
(Cecil C. Smith)
Forwards Petition to
The Queen concerning the Sentence passed, upon by the Chief Justice
(Vide C.S.O. N. 1773)
N. B. Affidavit No 13 was not read till then 22 July.
Rams
22th July 1867. Enclosure 12, in Governor Sir Richard Graves Macdonnell's Despatch No.339 of 29th July 1867.
In 914/17
422
Honorable Cecil C. Smith, Acting Colonial Secretary, to Honorable John Smale, Chief Justice.
No. 379.
SIR,
COLONIAL SECRETARY'S OFFICE, HONGKONG, 18th July, 1867.
I am instructed by His Excellency SIR RICHARD GRAVES MACDONNELL to transmit for your information copy of a Petition to the QUEEN, with accompanying Documents, which were forwarded to this Office by Mr. EDWARD H. POLLARD, Q.C., in the enclosed letter dated yesterday.
You will observe that Mr. POLLARD requests His Excellency to transmit his Petition to Her Majesty's Secretary of State and affirms therein that he has been unjustly punished by you for contempt of Court, whilst he also obviously intends that Petition to constitute an appeal from your Judgment.
His Excellency, in considering the action proper for him to take under the circumstances, has had under his consideration the case of RAINY v. The Justices of Sierra Leone, (Moore's Privy Council Reports, vol. 8, page 47,) and bearing in mind that the Judicial Committee of Her Majesty's Privy Council then intimated their willingness to advise Her Majesty in similar cases if laid before them through the Colonial Office, believes that it is his duty to forward Mr. POLLARD'S Petition as requested.
It is however essential that you should first have an opportunity of perusing that Petition and offering, if so inclined, any comments thereon which you may wish laid before Her Majesty's Secretary of State along with Mr. POLLARD's Petition.
I am therefore desired to add that His Excellency will be happy to transmit whatever statement you may wish to forward in support of your Judgment.
His Excellency however requests me to remind you that such statement should be in Triplicate, and ought not to be forwarded to this Office later than the 24th Instant.
I have the honor to be,
Sir,
Your most obedient Servant,
(Signed,)
CECIL C. SMITH, Acting Colonial Secretary.
EX
C. TO. N. 1769.
Hou Kory, 17th July, 1867- HouMory.
(Received 17th July)
8. H. Bollard
R.
Z
Creting Colonial Secutary
(Cuil C. Smith)
Forwards Sitition to
The Queen concerning the Sentence passed, uponing by the Chief Justice
(Fide C.S.0. N. 1773)
N. B. Affidavit No 13 was not leand till then 22 July.
Rams
22th July 167. Enclosure 12, in Governan Tir Richard Graves Macdonnell's Despatch $339 of 29th July
1867.
と
In 914/17
422
Honorable Cecil C. Smith, Acting Colonial Secretary, to Honorable John Smale, Chief Justice.
No. 379.
SIR,
COLONIAL SECRETARY'S OFFICE, HONGKONG, 18th July, 1867.
I am instructed by His Excellency SIR RICHARD GRAVES MACDONNELL to transmit for your information copy of a Petition to the QUEEN, with accompanying Documents, which were forwarded to this Office by Mr. EDWARD H. POLLARD, Q.C., in the enclosed letter dated yesterday.
You will observe that Mr. POLLARD requests His Excellency to transmit his Petition to Her Majesty's Secretary of State and affirms therein that he has been unjustly punished by you for contempt of Court, whilst he also obviously intends that Petition to constitute an appeal from your Judgment.
His Excellency, in considering the action proper for him to take under the circumstances, bas had under his consideration the case of RAINY . The Justices of Sierra Leone, (Moore's Privy Council Reports, vol. 8, page 47,) and bearing in mind that the Judicial Committee of Her Majesty's Privy Council then intimated their willingness to advise Her Majesty in similar cases if laid before then through the Colonial Office, believes that it is his duty to forward Mr. POLLARD'S Petition as requested.
It is however essential that you should first have an opportunity of perusing that Petition and offering, if so inclined, any comments thereon which you may wish laid before Her Majesty's Secretary of State along with Mr. POLLARD's Petition.
I am therefore desired to add that His Excellency will be happy to transmit whatever statement you may wish to forward in support of your Judgment.
His Excellency however requests me to remind you that such statement should be in Triplicate, and ought not to be forwarded to this Office later than the 24th Instant.
I have the honor to be,
Sir,
Your most obedient Servant,
(Signed,)
CECIL C. SMITH, Acting Colonial Secretary.
EX
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