acknowledge his mistake, he seeks to obtain the reversal of his fault by bringing before the Secretary of State the decision of the Governor in Council which confirms & W. Wodehouse's finding.
W. Wodehouse's duty in dealing with these cases is clearly pointed out to him in Ordinance 2 of 1850.
Section 1 says: "The Magistrate is to investigate the alleged offence in the case of a person charged with a crime or indictable offence within the Colony."
Section III of the same Ordinance says: "If at the close of the investigation it shall appear to the Magistrate or Court that such person as aforesaid is a subject of China and that there is probable cause for believing the said person has committed such crime or offence, it shall be lawful for such Magistrate or Court to commit such person for safe custody to prison."
The duty of Mr. Wodehouse required no further instructions or information respecting his duty; he had it at hand in Oke's Magisterial Synopsis Vol: 2 p. 895.
#27. [When Justices to discharge or commit accused]. In Cox v. Colbridge (1 B. & C. 50) Mr Justice Bayley observed "I think that a Magistrate is clearly bound, in the exercise of a sound discretion, not to commit any one unless a primâ facie case is made out against him by witnesses entitled to a reasonable degree of credit." Justices ought not, therefore, to balance the evidence and decide according as it preponderates, for this would, in fact, be taking upon themselves the functions of the jury, trying the case; but they should consider whether or not the evidence makes out a strong,
2.
acknowledge his mistake, he seeks to obtain the reversal
of his fault by bringing before the Secreting of State the decision of the Governor in Council which confirme & W. Wodehorwerfrirding.
W. Noclehouse's duty in dealing
.
୯
with these cases is
clearly pointed out to him in Ordinance 2 of 1850.
Section 1 ways: " The Magistrate
investigate the alleged
is to in
r offence
in the
crime
Raw Musavimentão
suel person charged with
were c
crime or indictable
within the Colony":"
Section III
of the
if
offence committed
same
Ordinance
says : = "If at the close of the dnvectigation it shall appear to the Magistrate or Court that such person as aforesaid subject of China and that there
is a
is probable
cause
that
8 for believing the said person has
& person has committed.~ such crime or offence, it shall and be lawful for such Magistrate
y
may
or
"
172
" or Court to commit such person for safe custody to prison."
of Mr. Hode hover required further
all!
instructions or
information respecting
his duty he had it at hand in Oke'= Magisterial Synopsis Vol: 2 p. 895.
#27. [When Justices to cliccharge or commit accused]. In Cox 1. Cobridge (1. B. & C.50) Mr Justice Bayley observed "I think that are Magistrate
clearly
io
bound, in the exercise of a
sound discretion, not to commil
any
one unless a
primâ facie
case
is made out against him by witnesses entitled to a reasonable degree of credit . " Justices ought not, therefore,
to balance the evidence and decide
this would, in
be
according as it preponderates, for
fact, taking upon themselves the funations of the potty
and be trying the
jury, they
case; but consider whether or
should consider.
not the evidence ma
a kes out a strong,
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