J. Adinance 8 of 1856, were nuisances within its meaning; - that the continuance for any single day of that nuisance was a distinct offence; - that the nuisance was not affected prejudged by any adjudication on previous day's nuisance; and that the duty of the magistrates to deal with Mr Inddell's encroachment when ("Brown Lane') was a statutory obligation which they could not decline on pretence of a title to land being in question. I own my argument was that they were bound to enquire into title in such a case, or how else could they ascertain that the land encroached upon was Crown Land or no?
His Lordship concluded by assenting to another proposition of mine; viz. that I had great hope that, having thus elicited the judicial opinion of the Supreme Court upon their erroneous proceedings, the Magistrates will, in future, submit themselves to be guided by that opinion, and that, instead of resisting the Mandamus, they will obey it and make return accordingly.
Provision having now been made for the prosecutors' costs, I have to submit that, as there is no Crown Solicitor here, and the duties...
8
J.
Adinance 8 of 1856, were nuisanes
within its incaning; - that the
'continuance for a
'ani
any
The M
new
single day of that,
múisance, "offence; - that
was a distinct
the
Lay's
مان
'muisance was not affected prejudged by any adjudication on previous day's nuisance; and that the Duty of the magistrates to deal with
Mr Inddell's encroachment when ("Brown Lane,'
was a
Statutory obligation
which they could not decline pretence of a title to hand being
affirming
{"question', Iown argument which
indeed
горо
im
my
was
that they
[were bound to enquire into title in
such
a case, or
how else could they
192
accertain that the land encroached
upon
was
مناول
Gown Land
or no?
Sis Lordship concluded by
F
assenting to another Freration mine; viz. that I had great hope 'that, having thus clicited the judicial opinion of the Supreme Court upon their erroneous
proceedings, the
Magistrates will, in future, subunit "themselves to be guided by that Ipinion) and that, instead
of resisting the Mandamus, they will obey it and make return recordingly.
Provision having now been made
for the prossentors' Outs, I have to submit that, as there is no Grown Soliciton here, and the duties
of
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