ZEALAND TO THE SECRETARY OE STATE.

A.—No. 1.

23

No. 775, July 1, 1868.

of other Colonies, to procure an extension of the Imperial Acts in question to all misdemeanours. I have no hesitation in expressing, not only my concurrence in the opinion of His Grace the Duke of Buckingham that there are many misdemeanours " which it would seem unnecessary, if not almost absurd, to include in a measure of the kind proposed," but my conviction that such an indiscriminate extension of the law would in some cases not only be ridiculous, but would have a very mischievous tendency, by furnishing a ready instrument of oppression to malice and vindictiveness. The intention of the Imperial Legislature in passing the Act of G and 7 Viet. c. 34, was obviously to confine its operation to very serious offences, the only specified offences being treason, and such felonies as could not be tried by Courts of Quarter Sessions : that is to say, capital felonies, and felonies which, when committed by persons not previously convicted of felony, were punishable by transportation for life (or now by an equivalent sentence of penal servitude). The Act of 1G and 17 Viet. c. 118 extends the operation of the former Act to all cases of felony, not only those of a kind not triable at Quarter Sessions, but also those of a less grave character, which may be tried before that tribunal. But neither of the Acts applies to any misdemeanours ; although many offences which arc technically misdemeanours, are more serious and detrimental to the public welfare than other offences which are technically felonies. The technical distinction between felony and misdemeanour seems to be quite irrelevant to the probable object of the Legislature— namely, preventing the escape of grave offenders against the law ; and I therefore think it is desirable that the same law should be applied in respect of some of the more serious classes of misdemeanours which is applicable to felonies. In determining what misdemeanours ought to be included in an extension of the law, it would seem very desirable that all the Colonies of the Australasian group should agree upon the same classes, and should take steps for arriving at a common understanding on it, within the meaning of the suggestions made by the Eight Honorable the Secretary for the Colonies, subject to the approval of the Imperial Legislature; which, if disposed to legislate on the matter, would probably make the extension applicable to certain misdemeanours committed in the Mother Country, as well as to similar misdemeanours committed in the Colonies. It would appear that such misdemeanours, at all events, as those of obtaining money by false pretences, embezzlement by agents, trustees, and perjury, should be included; and I think it might be desirable to extend the provisions of the Acts to certain classes of conspiracies, and certain offences of a graver kind against the bankruptcy laws. The adoption by the Colony of a common code of criminal law based on the Imperial law, as alluded to in the Duke of Buckingham's Despatch, would, in my opinion, be a proceeding likely to result in substantial and permanent advantage to the administration of justice throughout this portion of the Empire ; and in anticipation of such a proceeding, 1 think the recent enactment by the Legislature of Xew Zealand of the provisions of the Imperial Criminal Law Consolidation Acts almost in their entirety, has been a very important step in the right direction. I cannot refrain from profiting by this opportunity to express the conviction which I have entertained for years past, that not merely as regards criminal law, but also as regards mercantile law and civil procedure, as well as with respect to the general administration of public affairs, education, science, and statistical knowledge, it seems a matter of the highest importance that a system of intercommunication, by occasional conferences, and regular correspondence, should be instituted and kept tip among these Colonies ; which would, in my opinion, prove a great boon, both (to use the Duke of Buckingham's own language with respect to a common criminal code) "on account of its intrinsic u convenience, and from its tendency to consolidate the great Colonies which comprise the Australian '; group." In conclusion, I have the honor to state, in reference to the last paragraph of the Duke of Buckingham's Despatch to the Governor of Victoria, that I believe in the nine and a half years during which 1 have presided over the Supreme Court of New Zealand in the Middle (now the Wellington) Judicial District of the Colony, no application has been made to me under the Imperial Acts of (! and 7 Viet. c.'! !•, and 1G and 17 Viet. c. US. -I have, Ac., Alexander J. Johnstox. P.S,—I ought to have referred in my letter to the Duke of Buckingham's suggestion that the Colonial Legislature should follow the precedent of many English Acts, and make an offender liable to be tried either in the place where the offence was committed or in the place where he is apprehended or in custody. Such an Act could not, 1 presume, affect offenders who should commit offences in the Colony, and then escape to the Mother Country, or to another Colony, so as to make them 2>uni,shable there ; and I should have thought it doubtful whether the Colonial Legislature had power to pass an Act making an offender punishable in the Colony for an offence committed in the Mother Country or in another Colony. It might, however, be convenient that the Imperial Legislature should give the Colonial tribunal power to try in the Colony persons found there accused of certain offences (both felonies and certain misdemeanours) committed in the Mother Country or in other Colonies, rather than to send the offenders back to the place where the crime was committed, when the interests of justice (regard being had especially to the accessibility of means of proof) would make such a course the more desirable one. Alexander J. Joiinstox. The Hon. the Colonial Secretary (Judicial Branch), Wellington.

Judge Richmond to the Hod. E. W. Stafford. Sib,— Xelson, 30th July, 1868. In reply to your letter, of the number and date cited in the margin, I have the honor to report that in my opinion the provisions of the G and 7 Yict. c. 34, may with advantage be