No. 73

I have the honor to acknowledge the receipt of your despatch No. 98
of the 30th of August enclosing an Ordinance passed by your Legislature
entitled "An Ordinance to amend the Law relating to Gold Mining."

As at present advised I am inclined to think that an appeal from the
decision of a Commissioner upon questions of fact may fairly and
reasonably be dispensed with, but I entertain doubts whether it is
desirable to take away the right of appeal from the verdict of a Jury in
all cases, though it may, perhaps, be desirable to do so when the
subject matter in dispute does not exceed a certain amount and no
important principle is involved.

Before advising Her Majesty upon this Ordinance I desire to be
furnished with a copy of the report of the Law Assimilation Committee
which is referred to by the Attorney General in his Report.

I should be glad also to be informed whether an amendment, allowing
an appeal from the verdict of a Jury in cases above a certain amount,
would in your opinion be desirable, and whether such an amendment would
be likely to meet with the assent of your Legislative Council.