✨ Legal Opinion on Bond Enforcement
We have accordingly taken the same into our consideration, and have the honor to report:—
That the breaches of the condition of the Bond are, first, the non-performance of the requirements of the “Passengers Act, 1855,” and, secondly, the non-payment of penalties and costs adjudged to be paid by the master. The first breach could only be proved by calling witnesses to speak to the acts relied upon as violations of the provisions of the Act in the same way as was done in Wellington before the magistrate, and this course we presume is out of the question. The second breach would be proved by evidence of the adjudication of the penalties and costs and their non-payment. The Notarial authentication of documents like these in question, do not render them admissible in our Courts, but the copy of the conviction purporting to be signed by the magistrate, and to be sealed with the seal of his Court, would, we think, be admissible under the 14th and 15th Victoria, c. 99 and 7, to prove the adjudication, subject however to a possible objection that Mr. St. Hill does not sign as “Stipendiary” or “Police” Magistrate, as required by the Act of Parliament, but assuming the adjudication to be proved, evidence must still be given to show the non-payment of the penalties by calling Mr. Sharp, to whom they should have been paid, with some evidence of the flight of the master from Wellington.
In answer to the questions submitted to us, therefore, we are of opinion that the Bond cannot be successfully put in suit upon the documents referred to, and that no mere documentary evidence of a similar character will of itself be sufficient to prove either of the Breaches of the conditions of the Bond.
We have, &c.,
(Signed) RICHARD BETHELL,
( “ ) HENRY KEATING.
Printed by McKenzie and Muir.
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Wellington Provincial Gazette 1858, No 32
✨ LLM interpretation of page content
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Opinion Requested on Ann Wilson Case
(continued from previous page)
🏛️ Governance & Central Administration1 March 1858
Legal Opinion, Passengers' Act, Ann Wilson, Emigrant Ship
- Ann Wilson, Subject of legal opinion
- St. Hill (Magistrate), Signed conviction document
- Sharp, Recipient of penalties
- Richard Bethell
- Henry Keating