21896.
SIR,
No. 117.
(WESTERN AUSTRALIA.)
LAW OFFICERS to COLONIAL OFFICE.
Royal Courts of Justice, October 21, 1896.
We were honoured with your commands, signified in Mr. Bramston's letter of the 28th ultimo, stating that he was directed by you to transmit, for our consideration, a copy of a Despatch which was addressed to the Governor of Western Australia on the 19th March last, in pursuance of the advice given by us* with reference to the case of Mr. W. Wilkinson, together with two Despatches since received from the Governor.
That Mr. Bramston was to ask whether, in our opinion, the Petition of Right enclosed in the latter of those despatches disclosed a sufficient ground of action based upon contract to support such a petition, and, if so, whether it was otherwise in proper form, and whether the Petition should be submitted for Her Majesty's fiat.
We have taken the papers into our consideration, and, in obedience to your commands, have the honour to
Report-
*
That we recommend that the petition should be endorsed, Let right be done in the Supreme Court of Western Australia."
The right of the petitioner to recover is, in our opinion, very doubtful, as he must establish not only that the alleged contract was made by the surveyor but that the surveyor had authority to bind the Government in the matter, and that the Govern- ment had power to close the road, or have prevented its being closed. The question should, however, in our opinion, be decided in Court.
If a contract on behalf of the Government be established, the damages which would be recovered must be connected with the breach. Some of the damages claimed are
too remote.
We have, &c.
&c.
The Right Hon. Joseph Chamberlain, M.P.,
&c.
RICHARD E. WEBSTER. ROBERT B. FINLAY.
&c.
See No. 101.
90536.-30.
16.-10/90.
PUBLIC RECORD OFFICE
Reference :-
川
C.O.885
14 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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