HC Deb 06 August 1832 vol 14 cc1135-6
Mr. Hume

would take that opportunity of asking, whether any measure was intended by the Government respecting the detention of Mr. Cape, one of the Overseers of the parish of St. Pancras by the authorities of the island of Jersey?

Mr. Lamb

said, that the Government could do nothing in the matter, as Mr. Cape was legally detained by the order of a competent tribunal. The only mode by which that order could be rescinded was through an appeal to the Privy Council; and it was understood that if the Overseers of St. Pancras would take upon themselves the hazard of an appeal, so as to bring the question before the Privy Council, the authorities of Jersey would allow the liberation of Mr. Cape. As to the writ of Habeas Corpus being moved for in the Court of King's Bench, that was of no use, for that Act had never been registered in the islands, and it was the general opinion of all lawyers that the English laws, unless specifically applied to these islands, and unless registered so as to conform to the customs of the islands, did not extend to them. It was certainly curious that the authority of such an Act as that of the Habeas Corpus should not have been extended, but so it was, and hard as was Mr. Cape's case, he saw no legal means of affording him relief but the appeal to the Privy Council,

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