CO129-129 - Sir MacDonnell - 1868 [1-3] — Page 296

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294

expended

on

repairs of the Traya and

Sea Wall opposite his Lot terminated in

a verdict for the Defendants, which may

be regarded as deciding the

deciding the non liability

of those tenants to bear

any proportion

of such repairs in future.

2

It is true that in his

his charge to the

Juny the Chief Justice allowed, as

appears

from the enclosed printed copy of the

proceedings

Enclosure A.

at the trial, it to be inferred aged 8. that although the conditions in the

Lease

om

which the Attorney General

or construed

relied could not be upset by any aquments or subsequent pard contracts in reference thereto, there might arise out of such transactions, subsequent

original

to the

demise in 1844, an

3.

equitable claim-even of a retrospective

nature on the part of the brown to contribution by the tenants under the

old leaves

13

#

а

for a proportion of the repairs

necesary to the Thaya.

mo

ami me

nevertheless of opinion that

•good deject would be effected by further

proceedings. It

unavoidable that

this Gouemment, as Fructe for the general interests of the Eublic, before throwing

the cost

of

all the

repairs in

question

on the Community at large,

obtain the decision of some

should

competent

Court as to the rights of the Public,

beeing that without buck decision the Excecutive has

power to abandon Public rights, and impose

mo

com

the ginnal

3