CO129-132 - Sir MacDonnell - 1868 [8-9] — Page 291

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288

9

in this balony,

be

and secondly could it

that the Registon

succeffully contended that the

of the leaunt is the Queen's boroner and

Attorney, the local law is imperative that

for the purpose of bringing

a Criminal

"case under the cognizance of the Supreme

Count an Information phall be piqued by the Altomey General!

1

Itrust therefore that I have made

that if an Information had

H

there

it manifest not been filed by the Attomup generat would have been practically a denial of justin to the Portuguese Authorities in this Colony, a condition of things which ill accord with the celebrated statement

of

Lord Ellenborough in the Case of The

~

Titien "Ilay it down us law, that

11

11

any publication which tends to dispaces,

considerable

revile, and defame persons of consider

"

situations of

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of power

foreign Countries, may

and treated

ست

امت

and

in

dignity be tatten to be,

libel; and

particularly

where it has a tendency to interrupt the

"

amity

and

peace

between the two Countries.

"1

9. But I have next to establish the propesition that the abetaining the Sunction

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condition precedent

of the Excecutive is not to the excercise of this right. In Blackstone;

Vol. 4 chap. 23, Section 3, the followin

#

is to be found. There can be

no doubt but

"that this mode of prosecution by information

(or Suggestion), filed

on record by the

Kings Attorney General, or by his Coroner

tł

ON

Master of the brown Office in the π