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the conduct of the Magistrate in giving effect, in the first instance, to what he believes to be the true intent of the law is not illegal in the sense in which His Excellency is pleased to apply the word.
24 A judge gives a decision which is reversed by a higher Court upon appeal, such decision, being contrary to the law, may be described as "illegal" in the literal sense of the word, but we should hesitate to say that the conduct of the judge in giving such a decision was illegal.
1. We are also advised that the costs of application, which are stated by His Excellency to have been visited upon the Chief Magistrate, have not been visited upon him, he having complied with the terms of the writ and been officially informed, by the Court itself, that no costs having been "incurred" he had no need to pay.
5. We are extremely surprised to learn from His Excellency that he was advised by the Attorney General that the Crown is excluded from the benefit of the writ of Certiorari,