CO129-091 - Acting Governor Mercer - 1863 [1-3] — Page 451

2.

436

3

Solicitor I advised in familiar language on the matters arising out of Stanford's case rather in the character of Solicitor with a

practical object than the giving of

opinion on the Law; and before

an

a muu

opinion

of the highest nonjudicial weight was Anight

I submist that the frets

and Groumstances.

about to be submitted to the Attorney and

al should have been presented

Solicitor

ti me

for

General

serious consideration and

expressed opinion

Instead of this

formally

justice

ti

me as a..

lawyer a

disjointed Correspondence has been as I presume been

presented

to those high legal officers and I am surprised. that, under such circumstances in the main points raised my practical directions have been identical with the opinion of those learned Lawyers.

In a matter of detail however it ought not to be subject for surprise that the opinion given differs from what appears to have been in accurately assumed to have been mine. The opinion contains

the

following passage.

But we are

of opinion that the delivery up of

"goods by the Inperintendent ought not to have been "made subject (as it appears to have been to an

"undertaking

זי

ow

the part of the claimants to pay

" any portion of the general expenses of the Police

"incurred with reter

"For instance as

reference

to the goods in question.

appears by the Setter of the~

"Superintendent of Police to the Colonial Secretary

of the 27th August 1862 a

part of these expenses

"Consists of outtay in the detention of the mate

the Tropic for the purpose of giving

"and clerk of the Tropic for

"evidence on

the trial of Stanford."