CO129-144 - Sir MacDonnell & Lieut Governor Whitfield - 1870 [3-5] — Page 55

Libel

for Likit sepon foreigners out of the Jurisdiction, and as to Costs recoverable by and from the brown, I think it

would be desirable to repeal Section 3

A

of Ordinance t 44 of 1857 relating

to brown Costs (which is very

loosely worded) and to frass distinct Ordinance on the subject founded on the Imperial Act 18

and 19

ho. c.

ε. go.

90. so as

to remove

any possibility of Costs being again. dierced against the known, by the Chief Justice in a Criminal base -

With regard to the

Law of Libel upon Foreigners out of the Jurisdiction, Shave draftedt a section, which I send herewith.

i

53

But I would suggest that the enactment should be postponed

until some new Ordinance. is passed in relation to the briminal .

Law; for possibly the Chief Justion

may

in the meanwhile upon

further consideration abandon: the view expiressed by him in the base of Thig . & Souza, and

there is in the meanwhile

a)

remedy by lervil Action, either in The Supreme Court, or in the Court of Summary Jurischiation

The

new Ordinance N. Z

of 1869 now provides the remedy. of Criminal Information, by the Manter

of the Crown Office, and

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