33
differs in no essential respect from those which the Chief Magistrate, both before and since the date in question, has been continually in the habit of issuing, and therefore
as no
other circular has ever been similarly treated the Justices have been led to infer that the Government wished to deprive them of the information that
li
were
certain cases under the Ordinance referred
coming on for trial. But it is the prerogative of the Justices of the Peace in this Colony to assist in the adjudication of all cases coming before the Court of
Petty Sessions whenever that Court
therefore their
may
sit, and it is their right to be informed (when they desire it) of the times when the Court shall be held and of the
cases coming on before it. It is true that
regards the ordinary business
of
the
Court a certain arrangement has
been
agreed upon whereby notice is only given to two members of the Bench in rotation previous to each Sessions, but it is competent to the Magistrate
at any time to call for the presence and assistance of more, and it is competent to the Justices to call for information
as to the time of trial
of cases
of any particular class which they may think of such importance as to render a full Court desirable. In the case in question the Magistrate issued the circular at the express instance of
a member of
the Bench with the concurrence
of
a large section
of
the Justices, and
as neither party exceeded his privilege in the
matter the Bench considers
any interference by the Government with the exercise of that privilege
ought at least to be explained. And, therefore,
the Colonial Government declines giving any explanation of the circumstance,
33
differs in no essential respect from those which the Chief Magistrate, both before and since the date in question, has been continually in the habit of isoning, and therefore
as no
other circular has ever been similarly treated the Instiges have been gereed to infer that the Government wished to deprive them of the information that
li
were
certain cases under the Ordinance referred
coming on for trial. Ver it is the prerogative of the Inatioes of the Peace in this Colony to assist in the adjudication of all coming before the Court of
Casco
Petty Sessions whenever that Court
therefore their
may
sit, and it is
right to be informed (when they desixit) of the times when the Court shall be held and of the
on
cases coming treat before it. It is tive that
regards the ordinary business
of
for
av
the
Court a sentire arrangement has
ཚ་
:
been
agreed upon whereby notice is only given to tivo members of the Bench in rotation previous teach Sessions, but it is competent to the Magistrate
at any time to call for the presence and assistance of more, and it is competent to the Instions to call for information
to the time of treat
as
of cases
of any partionlar class "atrod they may think of suck anportante which
as to render a full Court desirable. In the case in question the Magistrate issued the ciroular at the express instance of
a member of
the Bench with the amourrence
a
large section
of
the Instices, and
that
as neither party execeded his privilege in the
matter the Bench considers
my interference by the Government with the exeraise of that privelege
ought at bast to be explained. And, therefore,
the Colonial
Government declines giving any explanation of the circumstance,
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