406
had hitherto employed.
Being then without a legal adviser,
and there being no other in the Colony, His Honor the Chief Justice
was solicited, both by letter and petition to take the circumstances relative to the proceedings of both Attornies into consideration, and to allow the Standing Committee to appear personally in Courts to produce the title deeds of the property, in order that the matter might be tried upon its merits.
Such a proceeding, however, informed by His Honor's clerk is not usual,
and we are in consequence still unable to bring the matter to issue.
The Plaintiff's Attorney now proposes that the case should be withdrawn from the Court here, and a reference be made to the Attorney and Solicitor General in England, and to this the Honorable the Attorney General here proposes that we should accede.
With all deference to that Honorable gentleman's opinion,
we are utterly at a loss to comprehend the reason for such a proceeding:
the action was commenced in the Supreme Court of this Colony by the Plaintiff, and might be easily brought forward for decision by his Attorney now, were he so inclined, and we do not understand why it should be necessary that a matter arising only in this Colony should be referred to England for decision.
If, however, Your Excellency be disposed to consider the advice of the Honorable the Attorney General to be the best under the circumstances of the case, we would respectfully submit that that Honorable gentleman be now directed to take up the matter on behalf of the Crown, as the points at issue are actually the legality of the proceedings of Your Excellency's predecessors, and the issue and costs of the present action, whatever they may be, will ultimately affect ...
Page 210
Page 211