391
against the Government
as the papers are at present, with the Ovingtries
I should advise against taking legal proceedings in response to their last rejoinder, hard as it may be
if a difference has excited feeling between the Government and a fellow subject, although a defence of vis major might be successfully pleaded. But I understood the Surveyor General to assert that the drain under Mr Coughtrie's land was not a Government drain at all, and that the large drain was of very small cubic capacity and could not affect the question.
The Survey Department and Mr Coughtrie are at issue on this fact. How is that issue to be determined, and if it were adverse to the Survey Department, would this Government be justified in awarding damages for establishing a precedent which might be dangerous and troublesome?
That is a point, however, on which the Governor is best able to judge.
(Signed) James Russell
Acting Attorney General
21st March, 1879.
391
að
against the Government
ets the papers are at present, with the Ovingtries
I should advise
last rejoinder, hard to take legal proccedringe)
if
difference
excited beteent
the diffe hwand a fellows subject although
as defence of vis major might
sneccesfully pleaded. But I understood the Surveyor General to alert that the drain under
be
Mr Coughtrie's have was not -
Government drain at all and
that the large drain
"
tras
of
very small cubic capacity and
could not affect the questions.
The Serrvey Department
עייל
MA Corightrie
are at crud
no to the fact. How is that
rive to be determined, and/
if it were advered to the Every Department would this Evernment be inssified is an ardiing damages
ext
establishing
Mr to tre forightrie, and ex
night prove
a precedent which might
dangere
both d.
กา
and trouble come.
point bon ever on which
That is a point livr
the Eovernor is best able to ndge.
(Signed) darmes dussell.
Athing Attorney General
21st March, 1879.
if
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