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Applying the well-settled principles already mentioned, we think that if in making those statements the Commissioner exceeded his terms of reference or acted in violation of natural justice, the costs order is not realistically severable from that part of the report and should be quashed. For the purposes of the present case that is sufficient to dispose of the argument based on Reynolds v.
When I left Malacca, Captain Shaw said: "When you see Paul Swinburne you'll see a man you'll not see twice in a lifetime," so yesterday, when a tall, slender, aristocratic-looking man, who scarcely looks severable from the door-steps of a Pall Mall club, strode down the room and addressed me abruptly with the words: "The sooner you go away again the better; there's nothing to see, nothing to do, and nothing to learn," I was naturally much interested.
I must not, however, be understood as intending my observations to apply to cases where the immorality is in itself an element of the crime. My view is that the rule ought to apply only in cases where the immorality is only a sin against God, and is severable from the crime committed against the laws of the land. The case I have suggested is an illustration of what I mean.
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