508

not very clear, and is in some respects inaccurate I find it necessary to recapitulate the fact of

the case.

of

3.

From the first creation of the office Colonial Surgeon in 1844 down to the year 1858, the appointment was held by four Civilian and two Military Surgeons at salaries ranging from permission to engage in private practice. In £600 in 1844 to £200 in 1858, with the latter year Sir John Bowring recommended that the Colonial Surgeon should be restricted from private practice, and that his salary should in consequence be increased to £800 a year. A proposal which was sanctioned by the Secretary of State.

+ Secretary of State No 129. 23 Sept. 1858 Sir E. B. Lytton to Sir J. Bowring No 57 13 June 1859

4. Acting upon this recommendation Sir E. B. Lytton, upon a vacancy occurring appointed Mr Elliot to Dr Murray Dr Murray who was distinctly informed in reply Downing Street 3 Dec 1858. Mr Merivale to Dr. Murray 15 Dec 1858. to his application for the appointment, that "the Salary was £800 a year and that in the event of his accepting it he was clearly to understand that the Colonial Surgeon was precluded from private practice, and that no other Emoluments or allowances than the sum above stated were attached to the office."

5. Dr Murray then applied that he might not be debarred from private practice so long as such practice did not interfere with his professional duties as Colonial Surgeon, but he was informed by Mr Merivale in reply, that the office "had recently been created as a separate appointment and the salary attached to it fixed at £800 on the...

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