[From Short History of Transactions in the IoM (or 'Blue Book'), 1825
Isle of Man.-To the Honorable the Deemsters of this Island, The Governor-in-Chief requests the Opinion of his Majesty's Deemsters, upon the following Points
First.-Is it imperative, by the existing Laws of the Island; upon his Majesty's Attorney General, at the instance of, a private prosecutor or prosecutors, to proceed by information at the suit and in the name of the King, against an accused person for a misdemeanor
Second.-Is it imperative upon a Deemster, under the existing Law and practice of the Island, to issue a warrant against a person accused by information from his Majesty's Attorney General, at the instance of a private prosecutor, accompanied by exparte affidavits in support of the facts stated in the information, but without a previous hearing or Affidavit of the accused party, being about to leave the jurisdiction of the Island. ? '
Third: In cases of such prosecution by ex-officio information, at the suit and in the name of the Crown, has the accused party any, and what remedy for costs, or otherwise, in case of acquittal ?
Fourth.-Is it consistent with the existing Laws and practice of the, Island, that his Majesty's Attorney General, prosecuting criminally, by and in the name of the King, and having proceeded to trial, and the prisoner having entered upon his defence, may enter a noli prosequi, or withdraw a Juror, and the Attorney General be at liberty to commence a Prosecution de novo, against the same Person for the same offence ?
Fifth.-By the Insular Act, 57 Geo. 3, 21st May, 1817, commonly called the New Criminal Code, several of the crimes are made punishable by death, or Transportation for life, at the discretion of the Court of General Gaol Delivery, or by fine and imprisonment, and with or without corporal punishment, at the discretion of the said Court. Under the constriction of this Act, how is the Court constituted, and in what mode is the opinion of the Court to be collected, in case of a difference as to awarding the sentence of the Court ?
ATHOLL, Governor-in-Chief. Castle Mona, December 21st, 1821.
.Erratum.-Page 11,, line 10 from bottom, for expect read except:
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