2

212

echarge against

invectigate a charge

prisoner accused of

Av

indictable offence within the jurisdiction.

3. Under ordinary circum.

stances, and where a

Magistrate

is invectigating a

a case of an indictable offence within the jurisdiction, his object is not

to determine whether

the

accused is guilty, but whether

there is sufficient to put the

accused on his trial, or whether

the evidence raises a strong

or probable presumption of

the guilt of the accused.

4.

is proceeding for the purpose

of such a case as that now

being considered, and acting

under the special provisions

of the Sonsong Ordinance 1850, his object is to determine whether there is "probable cause for believing that the accused has committed the crime with which he is charged.

In the present instance, the Magistrate having taken the evidence has committed the prisoners to await the Governor's orders; and it must be taken that he has done so because, upon the whole, it appears to him that there is "probable cause for believing

Share This Page