discharged
aud
therefore.
it
can
very
fairly be argued that the warrant could not be put in force again
that the arrest was
and on
aud
illegal. On this
other points which
arise
may were entitled to be heard
the parties and to ask for the Magistrate's decision on them.
the
of
In the absence of all argument and perhaps in ignorance of some
fact of the case it would not have been fair to all parties if I had given any opinion for the guidance of the Magistrate and
while stating
therefore
I took
took care
that the warrant was
valid on the 9th August to say it would be for the Magistrate
that
now
to decide whether it should still be enforced and whether he should
remand the prisoner.
discharge him.
077
it
Or
I had not all the fact before
me and as
the matter was
10 pressing
I indicated that the Magistrate
should decide the point
necessarily be in a
340
as he would.
far better position
the facts...
than I was to do so; and as
the facts were not before me, I gave no opinion:
to the present validity of the warrant. The fact that it has been served the Superintendent of the Gaol who notwithstanding it discharged
on the
the
when I made
accused of an important point of which I was not aware the mind in question.
(Signed) Edw. Ackroyd
Acting Attorney General
12th September, 1887.