to avoid a collision of opinion between the high functionaries of
government. Nothing, however, but the most urgent necessity would
justify the governor in setting aside his opinion.[155]

FOOTNOTES:

[Footnote 149: April, 1826.]

[Footnote 150: _Letter from a Lady_ (Mrs. Adey), inserted in the
_Morning Herald_, 1827.]

[Footnote 151: _Mudie's Felonry of New South Wales_, p. 52.]

[Footnote 152: Dr. Wardell was murdered some years after by
bushrangers.]

[Footnote 153: May 20th, 1826.]

SECTION V.

Under the former act, the attorney general could refuse to file a bill,
and exercised this discretion in a case of libel. The new law authorised
the court to permit an information to be exhibited by any person, and
the attorney general was bound to indict, except in felony or capital
prosecutions. Mr. Jennings, a solicitor, claimed the interference of the
court against the attorney general, Mr. Montagu. Savery, who was
transported for forgery, was sued for a debt; but Mr. Montagu, who had
been a passenger with the debtor's wife, and felt interested in his
welfare, stayed proceedings by verbal guarantee. When Jennings attempted
to enforce the agreement, Montagu replied that he was more to be
affected by the sun than the wind; and added, "I know how to defend
myself against a person ten times more able or wicked than yourself."
The judge decided that the attorney general was not bound to sign a bill
of indictment against, or to prosecute himself.

The indemnity due on a returned bill of exchange was decided by the
court (1826), on a friendly suit, Cartwright _v._ Mulgrave, at the
expense of the merchants. It was deemed proper to give a high
compensation, both to solace for disappointment, and discourage a
careless issue of bills. The plaintiff paid L112 currency for L100
sterling, calculating that L120 currency would be required in London for
the L100 sterling. The assessors fixed 25 per cent. to cover all losses,
and the sum has been allowed by the supreme court on all similar cases
to this day.

Captain Dillon, of the _Research_, East India Company's ship, the
discoverer of the relics of La Perouse, visited Hobart Town. He was
prosecuted for assault and false imprisonment by Dr. Tytler, a gentleman
commissioned by the Asiatic Society to conduct the scientific enquiries
the voyage might favor. He was seized, confined to his cabin, threatened
with the lash, and guarded by New Zealand savages, among whom w