+
214
Strydong 4 ou board the British
"ships there, they shall, upon due requisition be searched
proof of their guilt,
auto
"for, an
orr
delivered up'
In so far as this Treaty binds him, the Governor is bound
the
"quilt" for the purpose of
Treacy? If he is bound to
do this, then unless he has
reason to doubt the legality
of the Magistrate's decision, he
has
discretion in the matter.
the Governor is
9.
But
if
to
give up the
prisoners on
to exercise
any
independent
proof of their
guilt."
8. The question then seems to resolve itself into this.
Is the Governor to take the
finding of
the Police Magistrate
is
to the effect that there is probable cause for believing that the prisoners have committed the crime charged" as amounting to "proof of their
guilt
judgment upon the evidence, what is it to be? Is he merely
to review the
decision, and
Magistrate's
whether
say to his own mind the
evidence makes out "that
for
there is probable cause for believing that the prisoners
have committed the crime
charged' or is he to consider
the