whole that it fails to support the conclusion arrived at by the Magistrate.
44. The Secretary of State Governor in Council should in each case weigh the matter with great care and differ from the Magistrate only when he feels constrained by a strong clear opinion so to do.
288 the evidence as the Magistrate who has heard the witnesses; the Governor in Council and Magistrate should, I think, be informed that their decision will be final unless...
5. If I felt satisfied that the Magistrate adjudicated on the matter feeling that the final decision rested practically with him, I would not deem it necessary to further investigate the evidence, but in the last case we saw that Mr. Wadehouse left the whole responsibility on the Governor in Council and I believe that Mr. Mitchell-Innes also looks upon the Governor in Council as a Court of review and that the responsibility rests with the latter.
This is not so; the Governor is not to interfere unless he has strong grounds for doing so. The Governor cannot judge so well as the Magistrate who has heard the witnesses, and strong grounds must exist for the Governor to reject it.
To return to this case. I have said that the evidence of the witnesses is not satisfactory as to Kwan Shap.
7. He makes no attempt to prove that he gave any alarm or to see in which direction the thieves went, or at that time to make any report or complaint.
8. No Police authority or Magistrate came to his house to make any enquiry.
9. Early next morning he sent one of his people to make a report to the Shun Tak Magistrate. Shun Tak is 30 li from his village.
It is curious that he made a report to the Justices of...
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