CO129-187 - Governor Hennessy - 1880 [1-4] — Page 117

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evidence.

and binds the witnesses to give The inference therefore is that the power to drcot prosecutions does not exist in other cases and did not exist in this independent of the Statutory power.

A

(2) The prosecution of Offences art 1879 gives the Judge power under certain.

circunstances to direct the Director of

prosecutions to continue or not cases which

he had abandoned but that has nothing to do with the Attorney General

(3.) The Attorney General has the power of extering a nolle prosequi at any time before judgment.

|| (4) The Attorney General here is not a

public prosecutor in the sense in which the Chief Justice puts it. He has nothing

to do with the prosecution of offences

as a

trial,

rule until the cases are committed for when he is then called

upon to perform the

Junotions of a grand jury and either files

or not. If he files

information

an in

an

information he takes the responsibility of Prosecutor. Up to that time the Police. generally and the Crown Solicitor in special cases under directions of the Government conduct public prosecutions. Besides Ordinance 2 of 1869 see: 9- The Attorney General

may

send back cases to the Magistrates

to be

reopened for further evidence, or for summary

disposal. (see also duties under Stamp

risposal. (

Ordinance and Emigration. Ordinance and Larceny Ordinance).

5.

On

Or the 30th May the Chief Justion stitid

stated.