9
14.
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119
Lenetary
was present. He stated that, in his opinion, the matter was of the greatest importance and that he had caused enquiries to be made and the records of the Court to be examined relative to what had taken place under former Ordinances, and he handed to me a document signed by a former Crown Prosecutor, circa the year 1846, the applicability of which to the principal case I did not understand. Some extracts from old reports were then read as to the extent to which judicial notice could be taken of certain matters, but I much doubt if anybody in the Court could comprehend how they affected the plain simple question, whether I had or had not the requisite authority to sign the Informations and conduct the prosecution.
A variety of questions were put to me from the Bench and I was requested to address the Chief Justice in argument upon them, but I submitted with the respect due to the Court that there was, in reality, nothing to argue. I put it then that Section I of "The Common Law Procedure Ordinance 1865" (No. 3 of 1865) prescribes the form of Information in Criminal cases, "The Attorney General coming charge, A.B."; but as the Attorney...