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them to take a seat on the Bench because he regarded them in the
same position as parties to the proceedings. They were both
given seats at the Counsel's table. Similarly, about two years
ago a couple of privates in the 105th. Mahrattas were charged by the Police with theft. When the case was called, the Magis- -trate asked an officer of the Mahratta Regiment, who was pre-
-sent, to take a seat on the Bench. The Officer then applied for a week's remand to enable the Commanding Officer to apply to the General for legal assistance. The Magistrate granted a rer and for a week and at the adjourned hearing a Solicitor
appeared for the prisoners. At this adjoured hearing the Police
Magistrate did not ask the officer to take a seat on the Bench
for the same reason as that stated in the preceding instance, but
the officer was given a seat at the Counsel's table.
The Chinese Officer in charge of extradition proceedings comes down with the witnesses, lives in the same house with them, instructs solicitors for the prosecution and
performs other matters in connection with the trial: he is,
therefore, in the position of a prosecutor, and for this reason
His Excellency the Governor is advised that it would not be
proper to invite such Officer to take a seat on the Bench be-
-side the presiding Lagistrate. He would, however, be treated in
precisely the same manner as the Military Officers in the FX
examples given and be accommodated with a seat at the Counsel's
table.
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Mr. Wei Han .
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(Sd.) C. Clementi.