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Musicians are but too apt to give to music's detail and music's difficulties the homage that should be paid to music's self: in this resembling the habitual man of law, who occasionally forgetteth the great principles of jurisprudence, and invests with mysterious agency such words as latitat and certiorari.
But we need not go further into the rather technical question of the scope of certiorari in this kind of case. As has been said in the Environmental Defence Society case and Ng v.
Attorney-General 29 N.Z.L.R. 24 that after a Commission has reported it is functus officio and beyond the reach of certiorari or prohibition. Naturally the stance of the airline at the inquiry directed by the terms of reference was not included expressly in those terms.
The worthy magistrate duly committed us for trial, accepting our own recognizances in £200 each to appear at the Central Criminal Court on May 7th. To the Central Criminal Court, however, we had not the smallest intention of going, if we could possibly avoid it, so Mr. Bradlaugh immediately took steps to obtain a writ of certiorari to remove the indictment to the Court of Queen's Bench.
They have put the cause into Exchequer Process here, removed by Certiorari from the Native Courts, and the question is whether I should as Executor, try the cause here, or again re-remove to the Supreme Sessions at Bangalore, which I understand I can, or plead a hearing before the Privy Council here.
The accusation of murder for the death of the philanthropist was withdrawn by common consent. Damages in error were awarded to Hayloft for the loss of his revolver and cartridges. The main body of the case was carried on a writ of certiorari to the Federal Courts and appealed to the Supreme Court of the United States. It is there still.
The bill was, however, found at the quarter sessions, and the indictment was removed by certiorari into the Court of King's Bench, to be tried at the assizes. This was considered as a great point gained by my enemies; and the members of the stockpurse association were greatly rejoiced, that they had got me into what was considered by some of them as being a serious scrape.
Under that Act a decision cannot be set aside unless it was made in exercise of a statutory power and either it could have been quashed in certiorari proceedings at common law that is the effect of s. 4 or the applicant is entitled to a declaration that it was unauthorised or invalid, in which case s. 4 empowers the Court to set aside the decision instead.
The Shenandoah, more noble than even the Mississippi, will inspire him, and possibly he will turn his attention to humor possibly, sir, the proceedings in courts of law may attract his attention justification, and cognovit, and certiorari. Let me read you a small portion of a poem written upon those subjects by a very humble poet are you listening, Mr. Verty?"
It may be here mentioned, that the proceedings may be, at any period, removed from any inferior court into the Queen's Bench, by what is called a writ of certiorari. When the offender appears voluntarily to an indictment, or was before in custody, or is brought in upon criminal process to answer it in the proper court, he is to be immediately arraigned.
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