9
• principle of law being
clearly laid down than
more
that the Crown never loses
the benefit of that writ, even
when the Certiorari is denied.
by the Statute, unless the right of the Crown in that respect
be
expressly
Wr 10
barred. By Ordinance
By
of 1844 Certiorari is allowed
in all cases in this Colony, even when denied by the Imperial
Statutes in force.
in the Colony.
and we are at a loss to understand
how
any doubt about the right
of the Crown to the benefit of the
writ can exist in the mind
either of the Attorney General
266
or His Excellency the Governor.
6 . It is stated by His Excellency that costs were visited on the Chief Magistrate because "The error of his
judgment had
" been pointed out to him again "and again";
" well aware
• the legal
and that he was
of the opinion of
adviser
of the Crown.
" as to its exclusion from the
" power of appeal ! "We are informed
that in these remarks His
Excellency
only refers,
in the
first place, to the letters which
he directed
to you...
No address to
the Chief Magistrate, subsequent
to the 28th of May, in which the