within the province of the Magistrate to bear. No opportunity was afforded them to do so,' These observations we think are in accordance with justice and the present case is much stronger, for it ap- pears that there were eight witnesses in Attendance and tendered on behalf of the prisoner, and whether thoir evidence was worth anything or nothing in our judg ment they should have been examined. O the evidence before the Magistrate there was sufficient grounds for committing the prisoner if be believed the witnesses. There was also sufficient evidence that he was a Chinese subject. For the reasons given above we think the warrant bad on the face of it, and that the prisoner ought not to have been committed without being allowed to make any defence, and the Governor thus authorised if he thought it to deliver Leung Afn to the Chinese Authorities.
The deportation to another country for trial is a severe penalty in itself,' says Sir Edward Clarke at page 190 of his work on Rendition, and we think that justice re- quires the putting in fores of the maxim audi alteram partem, in rendition cases as well as in other matters. The prisoner is discharged.
110
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G