§ MR. D. A. THOMASI beg to ask Mr. Attorney-General whether, before granting or withholding his fiat to a plaintiff in an action to protect a public right, he requires any information other than a statement of claim showing a good cause of action, failure of attempt to settle amicably, and certificate of counsel that the action is a proper one to be brought; and, if so, what further information is sought or requirement insisted on by him.
§ THE ATTORNEY-GENERAL (SIR ROBERT FINLAY, Inverness Burghs)In addition to the requirements mentioned in the question, the Attorney-General must consider whether the proceedings are substantially directed towards the assertion of a public right, in the public interest. Every case is examined upon its own merits, and it is impossible to lay down any more precise rules upon the subject. If in substance the object of the proceedings is rather the assertion of private rights, the Attorney General ought not to give the use of his name to the proceedings, but to leave the applicant to his remedy by action.