CO129-178 - Governor Hennessy - 1877 [6-8] — Page 265

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Convicted Wis-Evrellery

Ievallenny may call for a report for the Judge or Magistrate who tried the case in order that he may consider whether it is advisable to exercise the power entrusted to him of pardoning the offender.

If this Excellency has any reason to believe that any Judge or Magistrate acting wilfully and wantonly has deliberately exceeded his powers, this Excellency may call upon any person for his defence before the Executive Committee and may suspend him from his office pending a reference to the Secretary of State for the realm.

In cases of mere error in judgment, where an incorrect decision may have been made in accordance with the law, the law provides a remedy by appeal.

In this case, the question seems to me to have resolved itself into this: Did or did not the offender, in the opinion of the Magistrate before whom he was brought, exceed the age of 16 years.

If he did not, in the opinion of the Magistrate, exceed the age of 16 years, then the infliction of corporal punishment, whatever his real age may have been, and whatever evidence may have been tendered at the time or discovered afterwards, and whoever may be of the opinion that the Magistrate...