J. Adinance 8 of 1856, were nuisances within its meaning; - that the continuance for any single day of that nuisance was a distinct offence; - that the nuisance was not affected prejudged by any adjudication on previous day's nuisance; and that the duty of the magistrates to deal with Mr Inddell's encroachment when ("Brown Lane') was a statutory obligation which they could not decline on pretence of a title to land being in question. I own my argument was that they were bound to enquire into title in such a case, or how else could they ascertain that the land encroached upon was Crown Land or no?
His Lordship concluded by assenting to another proposition of mine; viz. that I had great hope that, having thus elicited the judicial opinion of the Supreme Court upon their erroneous proceedings, the Magistrates will, in future, submit themselves to be guided by that opinion, and that, instead of resisting the Mandamus, they will obey it and make return accordingly.
Provision having now been made for the prosecutors' costs, I have to submit that, as there is no Crown Solicitor here, and the duties...