336
Forwarded to the Attorney General.
(Signed) Frederick Stewart
Acting Colonial Secretary
30th April, 1881
Attorney General's Opinion
14th June, 1881.
The Registrar of the Supreme Court is constituted Official Assignee by sec. 6 of Ordinance 5 of 1864; the duties of the Office being imposed upon this particular Officer by that Ordinance. There is nothing from which it can be implied that the Government contracts to be responsible for the way in which this Officer performs his duties, so that any wrongful act of this Officer, such for instance as his making away with bankrupte property vested in him, could be regarded as a breach of any contract upon which the Government could be held liable. If therefore the Government are liable at all for the wrongful act of the Registrar as Official Assignee, it would be only for those acts regarded as torts. But a petition of right would lie against the Crown in respect of such acts (sec. R. v. Tobin, 10 Jur. N. S. 1029) and by section 83 of the Code of Civil Procedure claims against the Government are dealt with.