2
complainant to the Colonial courts of law if the person charged with the alleged damage refused to admit the claim.
We have taken the matter into our consideration and, in obedience to your Lordship's commands, have the honour to
Report
That upon the facts before us, we are of opinion that, while the removal of the weir was justifiable, there was no justification for the breaking up of the raft which belonged to Captain Belin.
The intention of Captain Belin to use these articles, at a future time, for an unlawful purpose could not entitle the magistrate to seize or destroy them, and, in the face of M. Waddington's letter of the 4th September 1888, Her Majesty's Government could hardly contend, without much stronger evidence than appears before us, that such an intention existed.
The act was not done in the course of judicial administration, but in obedienco to the orders of the Government, and we are of opinion that reasonable compensation should be paid.
We have, &c., (Signed)
The Right Hon. Lord Knutsford,
&c.
&c.
&c.
RICHARD E. WEBSTER. EDWARD CLARKE.
MY LOR
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A 57
2
complainant to the Colonial courts of law if the person charged with the alleged damage refused to admit the claim.
We have taken the matter into our consideration and, in obedience to your Lordship's commands, have the honour to
Report
That upon the facts before us, we are of opinion that, while the removal of the weir was justifiable, there was no justification for the breaking up of the raft which belonged to Captain Belin.
The intention of Captain Belin to use these articles, at a future time, for an unlawful purpose could not entitle the magistrate to seize or destroy them, and, in the face of M. Waddington's letter of the 4th September 1888, Her Majesty's Government could hardly contend, without much stronger evidence than appears before us, that such an intention existed.
The act was not done in the course of judicial administration, but in obedience to the orders of the Government, and we are of opinion that reasonable compensation should be paid.
The Right Hon. Lord Knutsford,
&c.
&c.
&c.
We have, &c., (Signed)
RICHARD E. WEBSTER. EDWARD CLARKE.