CO129-058 - Sir Bowring - 1856 [8-10] — Page 193

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A finance. And also to pay suid Hisk barth the Costs, He! de. to the

The Chief Justice was at first inclined to issue a Rule Nisi, but, on my directing his attention to the late Common Law Procedure Reform Ordinance, and to His Excellency's telegraphic instructions, as conveyed by yours of yesterday, he made the Rule absolute in the first instance. His Lordship remarked, with regard to the costs, that, in the case of Lye Ating, they were clearly payable by the defendant who had made this application necessary by persisting in a line of interpretation after his judgment had been pointed out to him, again and again, and even by the Legislative Council;- "but that, if the Magistrates could show in the case of Mr Dundell, that their action was a bona fide one, he thought that it would be hard to visit them with the costs in that case also; particularly if they were to render a prompt obedience to the Writ, and make return that they had obeyed it!" His Lordship added that he was altogether of opinion that the Magisterial decisions in both cases were against law - that the case having been prosecuted since, although commenced before, the passing of

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A finance. And also to pay suid Hisk barth the Costs, He! de. to the The Chief Justice was at first inclined to issue a Rule Nisi, but, on my directing his attention to the late Common Law Procedure Reform Ordinance, and to His Excellency's telegraphic instructions, as conveyed by yours of yesterday, he made the Rule absolute in the first instance. His Lordship remarked, with regard to the costs, that, in the case of Lye Ating, they were clearly payable by the defendant who had made this application necessary by persisting in a line of interpretation after his judgment had been pointed out to him, again and again, and even by the Legislative Council;- "but that, if the Magistrates could show in the case of Mr Dundell, that their action was a bona fide one, he thought that it would be hard to visit them with the costs in that case also; particularly if they were to render a prompt obedience to the Writ, and make return that they had obeyed it!" His Lordship added that he was altogether of opinion that the Magisterial decisions in both cases were against law - that the case having been prosecuted since, although commenced before, the passing of
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6. اجر Afinance. And also to pay suid Hisk barth the Costs, He! de. to the The Chief Justice was at first inclined to issue a Pule Mise, but, on my directing his attention to the late Common Law Rocedure Reform Arinance, and to His Excellency's Meering buctructions, as conveyed by yours of yesterday, be made the Pule absolute in the first instance. His Lorkhip remarked, with required to regin? the costs, that, in the care of Lye Ating clearly payable by the defendant who had made this shey were [arslication necessary by persisting a line of interpretation after the his judgment had been Lin a of pointed out to him, again سان 191 again, and even by the Legislative Buncil;- "but that, if the Magistrates could- show in the case of Mr Dundell, that their chron was a "boun fise bona fide one, 'thought that it would be hard to 'visit them with the costs in that 'care also; particularly if they now to render a prompt obedience to 'the Writ, and make return that they "Thad obeyed it! It's Cordedir added altogether of Opinion that he was were that the Magisterial decisions in both 'cases Cases were against works in Lye Ating's Law - that the Case having "been broccented since, although "comincneed before, the passing of
2026-05-18 05:00:12 · Baseline
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6.

اجر

Afinance. And also to

pay

suid Hisk barth the Costs, He!

de.

to the

The Chief Justice was at first inclined to issue a Pule Mise, but,

on my directing his attention to the late Common Law Rocedure Reform Arinance, and to His Excellency's Meering buctructions,

as conveyed by yours of yesterday, be made the Pule absolute in the first instance. His Lorkhip remarked, with required to

regin? the costs, that, in the care of Lye Ating

clearly payable by the defendant who had made this

shey

were

[arslication necessary by persisting a line of interpretation after the his judgment had been

Lin a

of

pointed out to him, again

سان

191

again,

and even by the Legislative Buncil;- "but that, if the Magistrates could-

show in the case of Mr Dundell, that their chron was a "boun fise

bona fide one, 'thought that it would be hard to 'visit them with the costs in that 'care also; particularly if they now to render a prompt obedience to 'the Writ, and make return that they "Thad obeyed it! It's Cordedir added

altogether of Opinion

that he was

were

that the Magisterial decisions in both

'cases

Cases were

against

works in Lye Ating's

Law - that the

Case

having

"been broccented since, although "comincneed before, the passing of

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