CO129-132 - Sir MacDonnell - 1868 [8-9] — Page 289

J

286

5

instructed by the brown Solicitor to settle the necessary Informations. This he did in accordance with precedent, and, I resettled

them as Acting Attomey General.

and signed them as

The Same

were

Supreme bannt.

الله

may

be

alterwards liked in the H

as well to state that to the

form of these Informations no slejection has

ever be

been taken by the fecunsel for the Defendant.

4. I new froued respectfully to state the grounds on which I submit I was justified

in the

course

which I adopted, and for

jthis funpose it is ne

necesary for

me

to

festablish two propositions first, that the

proper mode of bringing these cases the cognizance of the Supreme Court

before

was

the filing of Informations by the Attorney General; Seconally, that the obtaining the

sanction of the Executive is not

necepary

to the filing of such informations. 5. My first proposition is that for the purpose of bringing there

cases under

the cognizance of the Supreme bount the

pling of an Information

proper mode is the filing of an

signed by the Attomey General.

By the

the law of England there exist

four modes

the

by

which in cases

of libel

party agguived may obtain recrefs. first he may bring

an action for damages.

against the party defaming him. Secondly The may proced by indictment, thirdly, he may apply to the bount of Queen's Bench for a criminal conformation and lustly the