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Judgment
In this case 17 persons have been bound down under see. 107, C.Cr.P., and a rule has been granted to show cause why the order binding them down should not be set aside on the ground that there is. no finding against the persons bound down sufficient to warrant the order. The facts of the case are that certain proceedings under sec. 145 were contemplated and then not undertaken, but instead of that the proposed second party to these proceedings were proceeded against under sec. 107, C. Cr. P. They have throughout been treated as second party, and no distinction is made between any of them and there is no finding against any of them Individually. For this reason the order before us is bad and must be set aside.
It will remain open to the Magistrate to take such proceedings as he sees fit under sec 107, only in order to bind down any persons under that section be must come to definite findings that the persons bound down are themselves separately guilty of conduct making them liable to be so bound down.