Chap. XI. JUDGE MARTIN'S DECISION. 2^6 
" a bench warrant against one of the aboriginal 
*' natives, for the purpose of holding him to bail on a 
" charge of felony. 
" The issuing of this warrant would be equivalent 
" to decision of several important points. The two 
" main questions involved are : — 
" First, — That of the status, or legal position and 
" liabilities of a certain portion, and that a large portion, 
" of native population. 
" Secondly, — That of the true construction of the 
" 4th section of the Police Magistrate's Ordinance, 
" Session 2, No. 4. 
" The former of these points was touched upon by 
" the Council ; but the discussion was, from the nature 
" of an ejc farte application, less complete than was de- 
" sirable. The latter was not adverted to ; although, if 
" ever the point shall come to be fully argued, the 
" clause referred to may possibly be found to preclude 
" all applications like the present.* 
" Under these circumstances, seeing that the matter 
" sought by this application is not one of right but 
" within the discretion of the Judge, and seeing also 
" that the granting thereof would be a virtual decision 
" of the points referred to, and that too upon a mere eoo 
" parte motion, without any full argument or even 
* The following is the section of the Police Magistrate's Ordi- 
nance referred to : — 
" 4. Offenders to be committed or held to bail only by Police 
" Magistrate. 
" Before any person shall be committed for trial, or held to bail 
" to take his trial on any charge of felony or misdemeanour, he 
" shall be brought before the Police Magistrate of the district within 
" which the offence shall be alleged to have been committed, who 
" shall inquire into the case, and commit the party so charged, or 
" hold him to bail, or suffer him to go at large on his own recog- 
" nizance, or dismiss the case, as circumstances may require. " 
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