Wednesday, January 17.

Nelson Examiner and New Zealand Chronicle, Volume XIII, Issue 704, 24 January 1855, Page 2

Wednesday, January 17.

Present — All the members, except Messrs. Hough, Cautley, and Stephens. RELEASING PRISONERS UNDER SENTENCE FROM THE SUPREME COURT. Dr. Monro moved the adoption of the following address to the Governor : — " To his Excellency the Officer administering the Government. 11 May it please your Excellency — We, the Pro* vincial Council of Nelson, in addressing your Excellency, beg to assure you of our regard for your Excellency's person and high office. " We wish to direct your Excellency's attention to the fact, that two prisoners who were confined in gaol under sentence of the Supreme Court, have been discharged by order of hii Honor the Superintendent of this Province, in opposition to the opinion of the Judge expreised in writing.

41 We can only regard this proceeding as an unwarrantable exercise of authority. We believe the Crowu, through its representative in this colony, to be the sole fountain of mercy, the only Rource from which remission of any sentence of law can lawfully proceed. We are informed that the late Governor Sir George Grey did assume to delegate to the Superintendents of Provinces a certain portion of the prerogative of mercy, but we are unable to discover any legal authority for such delegation.

" But even if this act of Sir George Grey's be defended on the ground of expediency ; if it be argued that it is desirable that Superintendents should have the power of remitting sentences for short periods, and fees and fines under a certain amount, still we cannot suppose that Sir George Grey intended that this authority should extend any further than to the remission of sentences pronounced by courts of summary jurisdiction. " The Provincial Legislatures are expressly forbidden, by Act of Parliament, from interfering with the Supreme Court; and we cannot bring ourselves to believe that Sir G. Grey ever intended to confer such powers upon the Provincial Executive ; still less to authorize a Superintendent to act in defiance of the written opinion of a Judge of the Supreme Court.

" For ourselves, considering the dignity and the position of the Supreme Court of tbe colony to be of the highest importance to the pare administration of justice, and consequently to the happiness and welfare of all classes of the people, we venture to submit, that not only is any interference with its verdicts on the part of any Provincial authority in itself unlawful, but at the same time most highly inexpedient. " We therefore respectfully request that your Excellency will be pleased to take such steps as may appear to you to be required to guard against tbe recurrence of what we consider a serious public evil."

The Provincial Solicitor opposed the motion, and contended that the Superintendent was justified in the course he had followed, seeing that tbe liberation of one of the prisoners was suggested by the Judge himself, and the affidavits placed before his Honor respecting the innocence of the two younger Snows was a sufficient justification for the remission of the few days which remained of the term of their imprisonment.

On a divieion, there appeared for the address — Messrs. Renwick, Monro, Saston, Bush, and Collins ; against it — Messrs. Adams, Barnicoat, Parker, Ward, Baigent, and Elliott. Motion lost.

PROTECTION OP ROADS BILL.

The Provincial Solicitor moved the recommittal of the Protection of Roads Bill, Dr. Renwick in the chair. After being a short time m r committee, the Council resumed, and tbe further consideration of the bill was postponed in order to give time for getting the proposed amendments to the bill printed. The Council adjourned till Thursday.