Present: Pereira J.

JOHN v. PERERA et al.

Bias-Magistrate also Superintendent of Prison-Trial of prison officer for negligently suffering prisoner to escape-Mere fact of escape it insufficient to give rise to presumption of negligence.

Observations on the inexpediency of the trial of. accused, who are subordinate officers of a prison and are charged with negligently suffering a prisoner to escape, by a Magistrate who is also Assistant Superintendent of the Prison, even though such trial is consented to by the accused.

In order to sustain a charge against a jail overseer and a jail guard of negligently suffering a prisoner in their custody to escape, it must be shown that the escape was directly due to some act of negligence on the part of the accused. The mere fact of escape is insufficient to give rise to a presumption of negligence.

THE facts appear from the judgment.

H. A. Jayewardene, for accused, appellants.

Garvin, Acting S. -G., for respondent.

September 12, 1913. Pereira J. -

In this case the two accused, who are an overseer and a guard, respectively, of the Negombo Jail, have be