113
3.
to the second point
With reference (6) whether the Chief Justice
can direct
prosecutions generally and whether be
can
direct the Attorney General of this Colony
situated as he is I have to
the Attorney General is of
premise.
course
that
always
- ready to attend with dece respect to any
suggestion of the Judge in the matter of prosecutions, but it becomes an imp
question and one which it may
important
be
necessary to ask the Deerstary of State to decide whether the Attorney General of
this
ony who is ex-officis a member
Colony
of Excentive Council can
be ordered by the Iudge which he claims to do to
prosecute in all cases :- even when his
B
Doing may place the Executive
Government in a position of much emberrossoned. moing to the grave questions of public policy be involved as in the present
which
Case.
may
questions which the Qudge
was
informed
were under consideration and could not be decided in a moment. Independent of
the inexpediency of such direction I have
to observe
(1.) That it appears to have been
necessary to confer by act of Parliament the power of directing prosecutions in perjury And the Supreme Court Ordinances old and new enact that it shall and may be lawful
cases.
for the Jredges to direct a prosecution for
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See
perjury ses 6 of 1845, sex: 28 and ordinance 12 of 1873 see: 23. By the English Acts the Judge commits or holds to bail the perserver
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