The Express.
London, England, 1858-06-03 00:00:00

LAW INTELLIGENCE.

(THIS DAY.)

COURT OF QUEEN'S BENCH.
(littiap is Benco.—Belo,. Lord Campbell aad Justice
Coleridge, Erie, and Crompton.)

IN RS MULLES FREDERICK LEES.—THE ISLAND or ST.

HiLl3lll.

Mr. Flood moved for • ;;lioiTertiontri, directed to the
authorities of the Island of St. Helena, to bring up the re.
cord and indictment in this case, end all subsequent proceed-
ings thereon, with the view of obtaining • writ of error.
He also moved for • writ of habeas corpus to bring to thl
court the body of Charles Frederick Lees, who wen now is
=ln that Wand. It appeared that the primmer, bessk
for a felonious assault, wee convicted of a
musmon assault, and sentenced es for • felony,
viz., to three years' imprisonment, and the object
of the present application wee to remove the judk.
meet which had been pronounced on the prisoner. na
learned counsel said St. Helens was governed wholly sad OM
Mel y by the common law of England as modified by snests.
and he contended that, under these circumstances, the eses4
had jurisdiction to issue those writs to the authorities dna
Wend. The island Ina taken from the Dutch in the ember,
before last, and, prima facie, the crown had a right to innoes
any law it pleased on • conquered or ceded tens".
However that question would not arise hen, as an eat
of parliament specified bow the Wand should be gemmed.
The act for renewing the last India Compsay's chertar, g
and 4 Wm. IV., o. 86 sae. 112, transterred St. Hike& bus
the oompany to the King and his succassore for ever, mg
provided that it should bs governed by Orden Is Comm, to
be issued from time to time, end there was an Order is
Conine directing that it should he governed by the Ime of
this country. The learned counsel handed to the court snail
royal charters relative to the island.
Mr. Justice Erie, after reading them, said they dimmed
that all the bye-lews of the East India Company, and ig
ether laws whatever In the Island, should continue in form,
telbject to the discretionary power of the governor, meta
further provision was made by the King or his council. Es
did eat and anything in them to alter the fundamental Lis
of the laws which prevailed. It was also provided that as
appeal might be made to his Majesty from any judgment,
sentauce of the supreme nun in the Island.
delr or 'Flood—That only applies to civil aces.Lord Campbell-1f there be an appeal to the QUOINS la
council we have no authority, se a court of error, in this
OW,
Mr. Justice Erle,The charter gave the supreme court
full juriedlotion to determine all qaestions arising in civil at
orininal cases.

Lard Campbell—Even it we had the reoord before us we
Utterly incompetent to decide whether the verdict is right or
er wrong.
Mr. Flood said one of the charters provided that the caw
mon end statute law of Englrnd should be introduced irde
the island.

Kr. Justice Erie—Let me look at that charter.
Mr. Flood, after examining his papers, mid he had lot got
itM, but he had seen a charter at the Privy Council Office cot.
insuch a provision.
Campbell—Then, you had better procure a copy 0/
thi charter and renew your application.
Mr. Flood said he would do so.