The Attorney- General said that th-j question of law a,iptai\jd to be this : Can money paid t > another party, not under mistake of facts, nnd not und r compul.-ion ot la*v, be recovered it' t!io magistiate) uajs that according to equity and good ccn j cie ico it can be recovered ? The contttuti vi on the other side, lie atsume^, rouit j be that the magistrate had power to decile tha i construttiiiiof a contract by his own belief or idea of what ethically ought to have been tha contract between the pirties, and argued at leDgth to show that this was not the proper conttr action of the Act. If it were so. the magistrates we c the absolute arbiters of the rlgi ts of the partus, and weie legislators as Wrll as magistr.itts, btciuse, by adding totheir judgments tha statement that thtir dtcisiooa were given on the grounds of equity and good conscience, they would be able to repeal the Statute of Frauds, the SUtute of Limitations, and other slatut s. The) Aitroey-General referred to the pnniaions of the Resident Magistiates xVct, quoted ant'ioritiea, and argued at kng'h in tuuport of the apve^L Mr James Smith submits d that so loDg ss the cihe of Pearson v. Clarke (Macafsey'd reports) was not overruled it must govt-rn such oj.iei as the present, and the point of tin decision io that case he took to be that w; ere a magistrate profts3ed to de (i'lo a case according to equity and goo i consdsi'ce, tie entirely ousted the jurisdiction of tho Supreme Couit, and the casa was not liable to ap| e-il. Ace » ding to the law as it stands, it was, entirely within the discretion of the magistrate so to decide, but of couivse the magistiate would nut disregard a strict rule cf law. Mr Justi.-e Johnston : If he does decide upon the foustrujtion of a written document, he de cides a question of law, whether he calls it bo or not. Mr Smith submitted that the 'earned Judge, in the ccse of Peaisun v. Clarke, i=aid distinctly that; it wou'd have been in t'»e power of t k ie Eesident Wa-jistrats t3 have bar/ed the appeal, by drcMing it as a question <>f equity and gi od conscience, and that no other meaning was deducible from the Jaoguage of theLegis. lature. 