10,823.
No. 15.
(ST. HELENA.)
LAW OFFCERS to COLONIAL OFFICE.
Mr LORD,
Royal Courts of Justice, 27th June 1884. We were honoured with your Lordship's commands, signified in Mr. Bramston's letter of the 24th inst., stating that he was directed by your Lordship to transmit to us the accompanying copy of a bond given by two gentlemen as sureties for a public officer in St. Helena, and that he was to request our opinion upon the following case.
That subsequent to the date of the bond, Mr. Smyth was promoted to be Chief Officer of Customs, and had recently been dismissed for defalcation, after being unsuccessfully prosecuted for embezzlement. That the sureties were required to pay upon their bond, and that the Governor had reported that, after some remonstrances, they had agreed to make good the amount without legal proceedings, reserving to themselves the right to appeal to your Lordship. That a copy of their appeal dated October 6th 1883 was' enclosed. That your Lordship replied that there was nothing in the grounds advanced by the sureties to justify your Lordship in authorising the Governor to refund the
amount.
That the sureties had now, in the enclosed letter of May 7th 1884, renewed their appeal, urging the further ground that their liability did not extend to the acts of Mr. Smyth as Chief Officer of Customs. That your Lordship was not aware of the exact nature of the relative duties discharged by the Chief Officer and Second Officer of Customs respectively, but that it might be taken that upon promotion Mr. Smyth would acquire greater responsibilities, and would be liable to account for large sums of public money.
That Mr. Bramston was to add that upon the merits of the case those gentlemen appeared to have no claim for special favour, and that as regarded the personal grounds by which they alleged themselves to have been influenced in paying the money, the Governor was then very ill, and had since died, so that the statements rested upon the word of the sureties alone.
That your Lordship would be glad if we would be good enough to consider the case, and report whether, in our opinion, the sureties were legally liable upon the bond at the time when payment was demanded.
In obedience to your Lordship's commands we have the honour to
Report
That we are of opinion that the sureties were not legally liable upon the bond in respect of any default made by W. H. Smyth when acting in any other capacity than that of Second Officer of Her Majesty's Customs.
The Right Hon. the Earl of Derby,
&c.
&c.
&c.
(Signed)
We have, &c.,
HENRY JAMES. FARRER HERSCHELL
16997.-40. 35.-19/85.
། ། ། ། ། །
PUBLIC RECORD OFFICE
C.O.
Reference :-
• 885
13 PUBLIC RECORD OFFICE, LONDON
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