Minute by the Clerk
7th March 1879.
Resolved in Council
that all the papers in
Communication with the Crown Law Officers
be sent to His Excellency the Governor.
To the Acting Attorney General.
(Signed) N. E. Rodehouse,
Clerk of Councils.
Minute by the Acting Attorney General
10th March 1879.
Read.
...
(signed) S. Renzell.
Minute by His Excellency the Governor
18th March 1879.
Was this the Attorney General's opinion on the whole Case.
(Signed) J. Pope Hennessy
Minute by the Acting Attorney General
24th March 1879.
I think the Crown was well advised that a Petition of Right will not lie in this case.
The Queen v. Powell N.S. 1029 decided that a Petition of Right will not lie to recover Compensation for a wrongful act done by a servant of the Crown in the supposed performance of his duty; and generally will not lie for a claim sounding in tort.
The Colonial Secretary has apparently overlooked the fact that the Memorialist stated in his Memorial that he had no case at law.