in
the Sheriff a wrongdoer respect of his continuance
in possession ;- for the very reason which has hitherto justified it, is now taken
away.
But Mr. May is bound
to ascertain whether Ah Lum
Asow, Mr. Murrow, or Milager (the Receiver in Stephenson & Murrow) be the party
entitled.
I am also of opinion -
that, although His Excellency
in Council can
lawfully
deport Ah Lum
Taklum under the late
Ordinance,
nothing short of
special Ordinance, passed
for this occasion, can warrant for his detention
258
pending
the
"submission of the Matter to
'the Supreme Authorities? Such a detention is clearly
against law:
were an action brought for false imprisonment, judgment would be given against the defendant, so clearly, that,
an application to be made to the Chief Justice, a Habeas Corpus would be certainly
granted, and I should find
myself unable to frame a true Return to that writ, which would not, upon
the face of it, be bad and ineffectual. The consequence
would be his immediate discharge without conditions
40