18
79
601
22. I believe further that by accepting those payments and advisedly permitting
of other acts of ownership.
the excercise
cise
over
the property by Me" Laprait. when the perive of resumption had unived this Government had debaned itself from exercising
its
right of resumption, and that a fresh
three months notice of resumption and a fresh valuation would have been
necessary to entitle the brown to enter. The bontact,
if any, implicitly raised by the first notice
would thence
appear
to have been pescinded
by the acts of both parties
even if no formal
notice had been given of the withdrawal
of
the claim to
resume.
23.
It is difficult
ww
the above facts
to
reconcile any different application of law
Endloome
7
to them
as consistent with natural equity
I believe that
to either party; and
a sound and
feuerally
adequately extensive view
of the Law establishes the latter's with principles of abstract right
aud
Conformity
justice.
Mo Duddell, however, appears to have been advised that he exclusively has the
option either to withdraw
Jov
mment. Hence his
sale to
Government.
enforce the
aquit
ow
the 3rd instant addreped the enclosed
communication to the bolonial Secretary
stating that M. Duddell that the Goverment
withdraw
ow
was
was advised
not competent
to
the 18th April the notice of
resumption for the 26th December (the should have said 26th November 1867)
as that.
pered had elapsed several months prevividly