The affidavit of the prosecutor, Mr. Scott, disclosed the ground of the defendant's refusal to hear the case; viz that the same had been "already adjudicated upon"; and it rebutted that pretext by showing that the said adjudications book, upon an erroneous interpretation of the law by the Justices, proceeded.
The Chief Justice said:
As to costs in Sye Aling's Case, there can be no doubt that the Defendant must pay them. He has no excuse. It is within my knowledge that he had the unanimous opinion of the Legislative Council certified to him that the first decision by the Bench of Magistrates was erroneous at Law. Persisting against that advice, he has made the present application necessary. I hope now that his attention to the writ will be to obey it.
I have no hesitation...
However, to follow the exact format required, here is the revised output in HTML:The affidavit of the prosecutor, Mr. Scott, disclosed the ground of the defendant's refusal to hear the case; viz that the same had been "already adjudicated upon"; and it rebutted that pretext by showing that the said adjudications book, upon an erroneous interpretation of the law by the Justices, proceeded.
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The Chief Justice said:
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As to costs in Sye Aling's Case, there can be no doubt that the Defendant must pay them. He has no excuse. It is within my knowledge that he had the unanimous opinion of the Legislative Council certified to him that the first decision by the Bench of Magistrates was erroneous at Law. Persisting against that advice, he has made the present application necessary. I hope now that his attention to the writ will be to obey it.
I have no hesitation