A.D. 1881.
́, with this
efore any
id authen-
a evidence
conviction, produced. ced in the iving sur- oduced to convicted; be given,
or taken aforesaid, ce, if the ›r Magis- under the e original be certi- he fugi- nviction. uthority shall be with the
ustice in
judicial enticated
d
ositions,
: read to
cause to he order
› Magis- opinion ninality order of ittal the
will be der the
MACAO EXTRADITION.
[No. 1.
359
7. The following rules as to appeals to the Supreme Court shall be observed; that is to say,-
Appeal to the
Supreme
(1.) if the fugitive desires to appeal to the Supreme Court against a Magistrate's order of committal and notifies such desire to the Magistrate at any time before the expiration of fifteen days from the date of such order; or if the Attorney General desires to appeal to the Supreme Court against a Magistrate's order of discharge of a fugitive and notifies such desires to the Magistrate at any time before the actual discharge of the fugitive, the Magistrate shall, subject to the provision in paragraph 3 hereinafter contained, grant such appeal and transmit forthwith to the Registrar of the Supreme Court the depositions and all other documents relating to the case, together with any statement in writing which he may think fit to annex in relation thereto;
(2.) if the appeal is by the Attorney General against an order of discharge, such order shall be suspended until the conclusion of the appeal, and the fugitive shall be detained in custody until the further order of the Magistrate or of the Supreme Court;
(3.) if the appeal is by a fugitive against an order of committal and the Magistrate has reason to believe that the appeal is merely frivolous, he may refuse to grant the same;
(4.) in case the Magistrate refuses to grant an appeal to a fugitive on the ground that the same is frivolous, the Supreme Court may, if it thinks fit, on the fugitive's petition in writing, setting forth the grounds of appeal, make an order directing the Magistrate to grant the appeal;
Court.
Second Sche-
dule: Form
(5.) the Magistrate shall cause notice of his intention to discharge a fugitive (otherwise than in pursuance of any decision of the Supreme Court), and also of any appeal by a fugitive against his committal, to be served on the Crown Solicitor, and no fugitive shall be discharged by a Magistrate (otherwise than as aforesaid), unless Form No. 7. the Attorney General has had an opportunity of being heard in opposition thereto and of giving notice of appeal; and
(6.) every appeal under this Ordinance may be heard in vacation and either in Court or in Chambers, and shall be set down for hearing on such early day and at such hour as the Chief Justice may appoint, notice whereof shall be given in writing by the Registrar of the Supreme Court to the Superintendent of the Gaol, who shall, on the day and hour appointed, bring the fugitive before the Chief Justice; and on the hearing of the appeal the Chief Justice may, if he thinks fit, receive any new evidence and may either affirm or reverse the decision of the Magistrate, according as he is of opinion that there is or is not sufficient primú facie evidence of the criminality...