4.7
46.
On both of the occasions in question the Bench earnestly and repeatedly advised the Plaintiffs to remove the case by writ of Certiorari to the Supreme Court, not because any doubt was entertained of the justice or legality of their decision, but because it was of the greatest consequence that the construction of an Ordinance affecting interests of great magnitude and so ambiguous in its terms, should at once be settled by the highest judicial Authority of the Colony.
Considering that the Plaintiff on both occasions was representing the interests of the Crown it is our humble opinion that the course recommended by the Bench of Justices would have been not only more correct but more just and dignified than that which His Excellency has seen fit to pursue.
We do not feel called upon to express any opinion as to the construction of the Ordinance under which the decisions complained of were given; that may possibly come under the notice of the Government in another form.
It was not necessary for us to do more than satisfy ourselves of the intentions of the Bench in those decisions, and that they were good and not...
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