in
the Sheriff a wrongdoer respect of his continuance
in possession ;- for the very reason which has hitherto justified it, is now taken
away.
But Mr. May is bound
to ascertain whether Ah Lum
Asow, Mr. Murrow, or Milager (the Receiver in Stephenson & Murrow) be the party
entitled.
I am also of opinion -
that, although His Excellency
in Council can
lawfully
deport Ah Lum
Taklum under the late
Ordinance,
nothing short of
special Ordinance, passed
for this occasion, can warrant for his detention
258
pending
the
"submission of the Matter to
'the Supreme Authorities? Such a detention is clearly
against law:
were an action brought for false imprisonment, judgment would be given against the defendant, so clearly, that,
an application to be made to the Chief Justice, a Habeas Corpus would be certainly
granted, and I should find
myself unable to frame a true Return to that writ, which would not, upon
the face of it, be bad and ineffectual. The consequence
would be his immediate discharge without conditions
40
in
the sheriff a wrongdoer respect of his continuance
in possession ;- for the very reason which has hitherto jirstified it, is now takin
away.
But Mr. May is bound
to ascertain whether Ahlung
Asow, Mr. Murrow, or Milager ( the Receiver in Stephenson & Murrow ) be the party
N
entitled.
Jann also of opinion -
that, although His Excellency
in Council can
lawfully.
deport aklum
taklum under the late
Ordinance,
a
nothing short of
special Ordinance, passed
C
I
r this occasion, can warrant for this
his detention
258
i pending
the
" subenission of the Matter to
'the supreme Authorities? Such a detention is clearly
against lau:
were an a
law : - so clearly, that,
application to be ~ made to the Chief, Justice, a Habeas would be certainly
nted, and I should find
granted
a
myself unable to frame true Return to that writ, which would not, upon
the face.
face of it, be bad and ineffectual . The consequence
would be his immediate discharge without conditions
40
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