Hongkong.
12th June 1867.
Governor's Grave
Sir,
Richard
His Grace
MajorDonnell CB.
The Tuts of Pussingham & Chandos
Police and Lighting Paper
Claim of Military
Exemption from Office Quarter. Opinion of Attorney General-
Question referred by General to War Department.
I am of opinion that in one case the officer is exempt from the accommodation, although perhaps more than is necessary, if afforded the most suitable house that could be procured for the purpose in the neighbourhood.
The facts in the present case are not sufficiently stated to enable me to judge whether there is any excess beyond what is reasonably necessary.
I have written to the War Office to ask whether the accommodation is reasonably necessary for Captain Carey in the discharge of his duties.
I asked them to state more precisely what is the tone of the house, what family Captain Carey has, and what number of rooms are required for the military duties he has to perform.
It is stated that he would have been entitled to 4 rooms in the barracks, that is, there is a legal issue in this present accommodation.
But even if there is, it is probable that the rate was made upon the whole premises, not just upon the part occupied by Captain Carey.
As to the question of the proper time for making claims of exemption on military grounds, I support that the Secretary of State should be asked to furnish instructions that, whenever practicable, such claims should be made within the time limited by the Ordinance.
I will send the despatch and enclosures to the War Office for their particular consideration.
N.B.
300-7556 Home 8.0_147781.
I.W. Adderley
Ankered
13th August 1867.
Duke of Buckingham
My letter was drafted before the War Office letter arrived.
I have made some alterations.
N.B.
13/8.
I have the honour to transmit to you copies of a despatch of the 12th June from the Governor of Hongkong with enclosures.
From this, it will be seen that the Acting Attorney General, W. Pauncefote, dissents from the view taken by Mr. Ball.
No. 8608.
23 August 1867.
With reference to your letter of the ... (missing date) ... I have the honour to transmit to you for the purpose of being laid before the Secretary of State for War, copies of:
1. The despatch from the Governor of the 12th June;
2. The opinions upon the question of rating the premises occupied by Captain Carey.
Two points for consideration appear to arise upon this despatch: first, the legality of the present rate; and, secondly, the proper time for claiming exemption.
F
Hongling.
12th June 186.
Governhard Grave
Sir
Richard
His Grace
Mar Donnell CB.
The Tuts of Pussingham & Chando
Bolice and Lighting Pater
Clann of Military
of Military to exemption from of hind Office Quarter. Jinion of Allornny General-
adonse to clain-
Questier refered by General to War Department.
down in one case that in his primion the officer is Exempt it the accomodation, although
perhaps more than is necessary, ins efforded the most suitabl house that could to procured for the pumpose in the
neighbourhood
The facts in the present case are not sufficiently stated to thable me to judge whether
there i
any excess beyond 1 Enclenie.
South was wollen Kuh
I have willen dee. 7701. H-korf.
the accomodation reasonall necessary for Captani (arey in the dicharge of his duties, and the War Office might
I asked bitate more precisely what is the tone. of the house. I what family Cups (arey has, tuhat numbe of rooms are required for
the militas dutes, he has
to perform.
་
His stated that he woul Ham been entitled to 4
·well
L rateabla
fo
room in the banachs, that it may,
that
then is a legel sycen in this present accomodation. But even if their boo, it is probable that the rate
was made repon the whole. premises, inst
Just upon
Wi
should such
byeen only,
and
th
h
the cart would require грип
amendment
As to the question of ther proper time for meking claims of Ex exeption on military grounds, Twe support that the secret. I ar shared to asked to fun vistruction's that. whenever practicable, such clason shonest made within the time limited the Ortuiance
I w. send the despatch thelosures to W. ghee task for hauticular. Alm ask the for. for particular. I have drafted accordingly for considerating
NTH. B
300-7556 Home 8.0_147781. (bony Rory. 4
Inverhurst. &f War Office
W Holland Ellit
IW Adderley
Ankered
Augart Sie führen
13.
13
13
Suke of Buckingham 22
Millest. My letter
was drafted before the W. office letten a word.
I hav
they on mead some
altirations.
NTH.
13/8.
to transmit to you
You for the pumpore feing laid before Sir J. Pakington coperis 1 a despatch of the 12th June. from the fovernor of It Kong
Fili enclosures.-
hom there it will Green What the Allowing feneral W Pauncefote dissents from the view taken & Wor Ball, the acting Allorney Jeneral.
Ano? 8608.
Jir.
I Thick
196
23 August 7867.
With reference broer letter other
Heat
am derived by the sake 12 hunt is luclosureyeventing Paired with the eppinan I of the thike of
handos
иски
arm
ansport to you for liter for poppe of being laid before the Secreting of State for War when 1/a
To
the forerfor
of the 124 June
despatch from the
upon the prection of
bebating be
and 2
the liability
to zales A
rate land upon
A
in Mosque Terrace
desired t
culom premises occupied I Captains favey, I ave
Two posits for
consideratio
appear to arise upon
Vui
to the
despatch; - first legality of the present rate: and, secondly,
ал
to the
proper time for claiming
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