CO129-175 - Sir Kennedy - 1876 [9-12] — Page 146

stopped. The Counsel applied to bail. Arrangements were proposed and agreed to, and the Magistrate remanded them on bail for 4 or 14 days, but the prisoners were unable to procure the required security.

Late on the same night, the Counsel addressed and sent a letter dated 4th October to the Hon. Colonial Secretary, requesting that I should order the prisoners to be taken before him in custody so as to allow the Counsel to proceed, but I declined to do so and had the enclosed reply sent to the Hon. Colonial Secretary, stating that I declined to interfere with the proceedings before the magistrate.

On the 9th October, certain affidavits were put before the Chief Justice, Mr. Horsden [?], who granted a writ of Habeas Corpus, and the prisoners were brought before the Court on the 12th with the remand warrant on which they were held. Counsel moved for the discharge of the prisoners on the ground that the Ashburton Treaty and the Act of 1890 were no longer in force, and the Acting Attorney General appeared on behalf of the Crown.

(I made the following changes: 1. Corrected spelling errors (e.g., "Canul" to "Counsel", "Ammuts" to "Arrangements", "prismers" to "prisoners", "prieure" to "procure", "Quil" to "Counsel", "inquing" to "proceed", "Ito" to "I", "affidavits" was kept as is, "Quique" was kept as is but seems incorrect, "Omine" to "Chief", "Cansel" to "Counsel", "Can't" to "Court", "Achburton" to "Ashburton", "ww" and "www" removed as they seem to be OCR artifacts). 2. Fixed spacing issues and rejoined broken sentences. 3. Restored paragraph breaks to improve readability. 4. The original text had "лише емот" which seems to be a non-English phrase or OCR error and was removed as it doesn't make sense in the context. 5. "Mr. Inowden" was changed to "Mr. Horsden [?]" as "Horsden" is a more plausible name and the "[?]" indicates uncertainty. 6. The output is in HTML format using

for paragraphs.)