representing a breach of the public Service.
I was certainly unprepared to find that I had laid myself open to censure for applying hypothetically the term "unreasonable" to a matter of opinion on the part of the Attorney General. I still think we have a prescriptive right to exemption; we have never been assessed before; the question when raised seems to have been settled in our favour on a former occasion; and moreover we do not strictly come under the denomination of a dwelling house; only such limited portions of the building as can be spared after making suitable provision for public business and personal quarters; so that even the Ordinance itself would seem to contemplate the exemption under this view of our case.
But even supposing it doubtful on the points thus advanced I venture to submit with every deference that they are sufficient grounds upon which His Excellency would have been justified in continuing the power of exemption under invested in him by clause 10 of the same Ordinance which authorises "the said Governor with the advice of the Executive Council to exempt such districts or portions of the said Island from the operation of this Act or from the payment of the said rates as to him may seem advisable". The Attorney General might have extended his view of the case by pointing out the existence of this power; for it would not appear, as assumed, that the law is so imperative as to leave His Excellency no discretion in the matter.
A very strict reading of the Act
Page 282
representing a breach of the public
Service.
I was certainly unprepared to find that I had laid myself oper ofor applying hypothetically
to censure
the term "unreasonable "to a more matter
of opinion
n on
the part of the attorney
General. I still think
we
have a
preccriptive right to exemption;
we
have never been accessed before; the
quection
when rained
seems to have been settled in our
on a
former
recasio
favour;
and
moreover we
do not
strictly
come
under the denomination of a dwelling house; only such limited portions of the
building
us can be spared after making suitable provision for public business being und
personal quarters; so that
us
the Erfinance itself would seem to contemplate of the
exemption under this
view
our
case.
upon
282
But- even supposing it doubtful
ints thus, advanced I venture
the points
to submit with
every deference that they for sufficient grounds upon which. His Sweelleney would have been justified
in continuing
the powers
the
exemption under invested in him by clause 10
of the same ordinance which authorises "the said Governor with the advies "the Arcentive Conneil trexempt such-
of
"districts or portions of the said Island "from the operation_
operation of this not on
this ret or from the
"payment of the end rates as to him and
advisable". The Attorney
"them may
scen
beneral might have extended his view
of the
case
by pointing out the existence
of this power; for it would note this
appear,
az
azemned, that the law is so
imperative as to leave His kneelleney no discretion in the matter.
A very strict reading of the not
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