Magistrate which, it is said,
ཿ
the Justices approved in all "respects" was his conduct upon
the above named occasions, -
This Excellency is distinctly
in error in stating
that it has
been declared to be illegal
"without excuse!"
and
3. The opinions attributed
by His Excellency to the Chief
Justice are given
in the form
of quotations, and are doubtless,
therefore,
authoritative;
we do
not find them, however, in
the Mandamus, nor are
they
in record anywhere except
in
the Memorandum and in
the letter under
seen, in
reply;
264
we have
in paragraph 2 of this letter,
that His Excellency
has in one
instance misapplied
them, and
if they refer to the mandamus question they appear to be very strong for the occasion. If a Magistrate believes that
he has no
jurisdiction in a
certain case and declines to
adjudicate, the higher Court
will point
out to him his error
by a writ of Mandamus; the
erroneous action
of the Magistrate,
being contrary
to the law, is illegal in the
literal sense of the word, but