CO129-339 - Acting Governor May Governor Nathan - 1907 [1-3] — Page 554

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so substantial that it is clearly evident that an enquiry before the Council has no parallel in the proceedings before a Court of Law.

A more exact analogy is furnished by the enquiry heil by a private employer into the conduct of a servant where he ray suspect the latter of making a secret profit to the prejudice of his Master so acting in breach of his implied contract for faithful service. Such Master is clearly not bound by the rules at any rate of Criminal evidence.

This is not to say that he day act arbitrari- -ly or capriciously for it without just cause he lischarges a servant without proper notice the latter has his remedy at law in

an action for wrongful dismissal. On such an action unless the

Master can justify the dismissal he may have to recompense the servant by the payment of damages.

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lawful evidence

(1). That he shoull have had before him some

and by lawful evidence I mean such as woull be

properly admitted by a Civil Court.

(2). That the evidence should be of such weight

that a reasonable man might fairly come to the conclusion on it.

The master did.

If either of these requirements be lacking

the Court will direct the jury to find in favour of the servant.

Supposing to take a particular instance

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that Ward were an employé of a Mercantile Fire in the Colony and

that the partners were enquiring into his conduct in their

service.

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It is necessary to point out an important

difference between the English Law of evidence and that which

obtains in this Colony.

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