Now the magistrates 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 works in Lye-atting's case having been commenced before the passing of Ordinance of 1856, were nuisances within its meaning—that the continuance for a single day of that or any other Nuisance was a distinct and new offence—that day's nuisance was not affected or prejudged by any adjudication on previous day's nuisances.
Page 291
FO
evew
" vw by the Legislative Council; "but that if the magistrates
"I could show in the case of "Mr. Duddell that their
"error
error 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
"
Now
to render a
were
prompt
obedience to the Writ, and
" . make return that they
" had obeyed it _ Mis
· Lordship
added that 'he
" was altogether of opinion
", that the Magisterial i
"
decisions in both cases
11.
291
"I were against law _ that "I the works in Lye-atting's "I case having been prosecute " Since, Asthough Commenced " before, the passing of Ordinanc
б
of
1856, were huisances
" within its meaning — that "the continuance for
a
" Single day of that or ang.
" other Nuisance was
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ナ
)
" distinct and new offence, -,
"that
day's
nuisance
was not affected or prejudged!"
" by any adjudication oin
previous day's
day's nuisances
"
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