Case for Opinion. (To the Editor of the Southern Cross.)

Daily Southern Cross, Volume I, Issue 26, 14 October 1843, Page 3

Case for Opinion. (To the Editor of the Southern Cross.)

Sir,—You will greatly oblige mo by favoring me with your advice and opinion on the following case. Mr. A. having become indebted to Gpvernment in a certain sum of money, which :he at present is unable to pay, granted a Warrant of Attorney over all his property, for the purpose of securing payment to tho Government. For certain reasons this Power of Attorney was kept secret—and not wishing to sell the property under it, Mr. A. was allowed by the Government to sell it himself, and a portion of tho proceeds has been paid to the Treasury. On this there havo arisen two very serious questions — Ist. By the proceedings alluded to have the Government released tho parties who have become surety for Mr. A.'s liabilities to tho Government ? 2nd. Should you be of opinion that they have, will tho deficiencies be chargeable against the Revenues of the Colony, or against tho private party who had entered into these fruitless negotiations ? X . Auckland, October 12, 1843. ["VVe havo given our best attention tp this important case, and have no hesitation in expressing our decided opiniqn, —Ist., that the Government by the proceedings alluded to in entering iuto arrangements with the principal Debtor, and after securing his property having allowed him to sell it himself, have therefore clearly relieved the securities from all liability. We are tho more confirmed in this opinion from the fact of his resignation having been publicly and officially accoptcd. He and his sureties arc hereby exonerated from ajl previously existing liabilities.—2nd. Wo do not see how the loss sustained can be charged against tho Revenues of tho Colony, becauso the proceedings have not been conducted in the usual official manner, and the officer adrninistoring pho Government having taken upon himself to depart from this course, we tlnnk that ho has rendered himself personally responsible for all tho consequences.—Ed.]