interfered unnecessarily with the Magistrate and that the Magistrate
had not been given any discretion in the matter but was
simply to make an order and adopt the opinion of the Attorney General instead of giving his
own decision upon the arguments adduced before him.
The Magistrate may, if he has any doubt on a point which has been raised before him, ask the opinion of the Attorney General and this Officer will advise him as far as he is able on the materials given to him. The Magistrate is not bound by this opinion and is perfectly free to follow it or not, but if he adopts it, it becomes his own and he should not state that he is advised by the Government or the Attorney General to do such a thing.
The Government, if it is necessary, may suggest to the Magistrate certain broad principles of law but it has no right in any case to dictate to the Magistrate what his judgement or decision should be.
Now in this case I was not advising the Magistrate, and I purposely refrained from giving any opinion as to the present validity and force of the warrant of 9th August. It was issued under special circumstances and for a particular object and so far was valid. The object was to detain the prisoner, who, it was believed, was going to be discharged that day until another warrant could be obtained in the usual and regular way. The prisoner was not released on that day, I believe, and the warrant was put in force by serving it on Major Compoter, the Superintendent of the Gaol. Instead of being discharged, the accused was detained on the warrant being served on him.
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