CO129-216 - Governor Sir Bowen - 1884 [5-6] — Page 215

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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 Magistrates decision, he

has

discretion in the matte.

the Governor is

9.

But

if

to

give up the

prisoners on

to exercise

any

independent

proof of their

guilt."

8. The question them seems to resolve itself into this._

Is the Governor to take the

finding of

the Police Magistrate

is

to the effect that there 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 tobe? Is he merely

to reviur the

decision, and

Magistrates'

whether

say wo mind the

to his own mind the

evidence makes out "that

for

there is probable can believing that the prisoners

have committed the crime

charged' or is he to consider

the