I attach much weight to his opinion, especially as it is one in conformity with English practice.
My opinion is based on the analogous liability of Military Officers in England to payment of poor rates, and his conclusion is, that when the occupation is not throughout of a public character, the liability exists.
Accordingly, guided by the Attorney General, I declined to admit the exemption claimed for Captain Carey's hired Quarters, and as the Governor states his intention of referring the matter to the War Department, I think it my duty to transmit the Attorney General's opinion and this correspondence to Your Grace.
I have merely to observe that whilst a decision of some sort is the thing most needed, it is well to keep in mind that two important principles are involved: First, as to the general right of exemption of Officers' hired Quarters from the rates; and Secondly, as to the proper time for claiming such exemption.
It is obvious that if these claims are not made at the time fixed by the Ordinance, but are permitted to be abruptly asserted when the rate has been struck and the valuation made, some unreasonable amount of confusion will arise in the Colony. That is not counterbalanced by any gain to the Colony, which may acquire from houses, formerly occupied by Military Officers, being rented by the Military, if a house be not rated before the 15th...