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Confidential Report from the Attorney General.
I have perused these papers again and the additional papers forwarded to me. There can be no doubt that it is advisable that this Government should interfere as little as possible with the Judicial Department. This has been laid down again and again within my knowledge by the Colonial Office. Magistrates when acting ministerially are subject to the directions of the Government; when they are acting judicially then ought to be almost if not quite independent of the Executive as the Judges of the Supreme Court themselves. An appeal lies from the Magistrate's decision to the Supreme Court and any party feeling himself aggrieved may take such appeal. If a Magistrate knowingly inflicts an improper punishment, he may under certain circumstances, be made to pay damages at the suit of the party aggrieved; or a criminal information may be obtained against him. Ordinarily therefore the Executive might not need to interfere with decisions of the Magistrate when acting judicially. In any case of apparent hardship or upon receiving petition from behalf of any party ...
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