J. R 230

command of temper and the utmost courtesy though it would be just reasonable in him to insist on the Chief Justice giving judgment at a trial in his favor, as for the Chief Justice to insist on the Attorney General's publicly advising him what judgment he should deliver, so long it is the special duty of the Judge to hold the balance even between The Attorney General and the opposite side.

6. On such a subject however Mr Smale would probably allow himself to be governed by the opinion of the Law Officers of the Crown, and if he could be induced effectually to respect such an opinion the Public would greatly benefit by removing the source of much unpleasantness and scenes which certainly occasion many do not raise the Supreme Court in Public estimation.

I doubt however, although Strammit the Attorney General's report and ask for instructions that any practical good conscience or intelligence is likely to result from a reference of the other points to the Law Officers of the Crown, for clearly their opinion cannot bind Mr Smale's Judicial and I question, if except in practice, he would be guided by anything short of a judgment of the Judicial Committee of the Privy Council.

8. Nothing could be clearer than the opinion transmitted in the Duke of ...

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