4

bond executed, so that the Government

6'

511

as

I had more

than once

requested

cannot recover any money from the sureties.

7.

The Acting Colonial Secretary, Dr. Stewart, appears to think that D. Ayres was responsible for the non-execution of Mr. Senna's bond.

The Attorney General, Mr. O'Malley however thinks the Colonial Secretary was responsible. In my minute of the 10th of January, 1881, I recorded my concurrence in the Attorney General's opinion. If M. Marsh is in London it might perhaps be well to give him an opportunity of reading the enclosed papers so as to explain why he did not make a personal audit, as I had requested him to do; and he might also be able to explain his responsibility, or otherwise, for the non-execution of the bond.

8.

I should have laid these documents before Your Lordship last month, but that I had referred the question of prosecuting Mr. Senna to the Attorney General. Mr. O'Malley has informed me that under all the circumstances he thinks it better not to prosecute. Having carefully considered the whole case,

9

I concur with the Attorney General: and therefore simply recommend Mr.

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