A finance. And also to pay suid Hisk barth the Costs, He! de. to the
The Chief Justice was at first inclined to issue a Rule Nisi, but, on my directing his attention to the late Common Law Procedure Reform Ordinance, and to His Excellency's telegraphic instructions, as conveyed by yours of yesterday, he made the Rule absolute in the first instance. His Lordship remarked, with regard to the costs, that, in the case of Lye Ating, they were clearly payable by the defendant who had made this application necessary by persisting in a line of interpretation after his judgment had been pointed out to him, again and again, and even by the Legislative Council;- "but that, if the Magistrates could show in the case of Mr Dundell, that their action was a bona fide one, he thought that it would be hard to visit them with the costs in that case also; particularly if they were to render a prompt obedience to the Writ, and make return that they had obeyed it!" His Lordship added that he was altogether of opinion that the Magisterial decisions in both cases were against law - that the case having been prosecuted since, although commenced before, the passing of