"the Legislative Council
"certified to him that the
"first decision [by the Bench
of Magistrates] was
erroneous at law. In
"persisting against that
advice he has
made
"the present Application necessary.
I hope
that his return
"to the Writ will be to obey
"it?"
I have no hesitation
"in repeating my already
"expressed opinion that the
"Ordinance of 1844 excludes
"the Crown from the benefit
"of
"the Certiorari thereby.
"The Storable
(...)
given to offenders, and that
"one of its provisions may
"be so used as to render
"abortive
any
Certiorari
"which under the prerogative
"of the Crown, may
"be
"issued independently of that
"Ordinance. Mandamus
"therefore
"was the only remedy.
Mr Mitchell was
"well aware
"of my opinion
"when he advised the Justices
"otherwise".
I have, &c.
M. I. Merseyway
Signed) "Ilhisholm Anstey,-
Attorney General.
Mercer, Esq: Colonial Secretary."
Page 300
Page 301
16.
"the Legistative Council
" certified to him that the
" first decision [by the Bench
of Magistrates ] was
proneous at law. In
" Pursisting against that
advice he has
made
the
" present Application heossary.
# I hope
how
that his return
"to the Writ will be to obey
"it?"
I have no hesitation
" in repeating my already " expressed opinion that the "Ordinance of 1844 excludes "the Crown from the benefit
"The Stmorable
"
of
the Certiorari thereby.
17.
294
C...4
given to offenders, and that " one of its provisions may " be so used us to render
"
abortive
any
Certionary
which under the prerogatin
• of the Brown, may
be
" issued independently of that
"Ordinance. Mandamies
" therefore
was the only remedy.
Mr Mitchell was
"well aware
of my opinion
" when he advised the Justices
"otherwise ".
I have, ser
M. I. Merseyway Ligned) "Ilhisholm Anstey,-
Mercer, Eg: Colonial Scentory."."
"Allernty General .
Page 300Page 301
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