1896.]
NORTH BORNEO EXTRADITION.
[No. 1.
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ready in custody, shall issue his order to all necessary persons to the fugitive criminal before him to be dealt with according to this Ordinance:
(1) A Magistrate may also issue his warrant for the apprehension of a fugitive criminal on such information or complaint as would in his opinion, justify the issue of a warrant if the alleged extradition crime had been committed in the Colony.
Power to issue warrant as in ordinary case.
(2) A fugitive criminal apprehended on a warrant so issued shall be charged by the Magistrate, unless the Magistrate, within such time with reference to the circumstances of the case, he may think reasonable, receives from the Governor an order signifying that a requisition has been made for the surrender of such fugitive criminal.
(1) When a fugitive criminal is brought before a Magistrate, he shall hear the case in the same manner and have the same jurisdiction and powers, as nearly as may be, as if the prisoner were brought before him charged with an indictable offence committed in the Colony: Provided always that-
(a) copies of depositions signed or taken before any Judge or other competent Magistrate having authority in North Borneo to take cognizance of the crime charged, and authenticated in the manner hereinafter provided, may be received in evidence of the criminality of such fugitive criminal;
(b) in the case of a person convicted in North Borneo of an extradition crime, a copy of the conviction, authenticated in the manner hereinafter provided, may be received in evidence, and shall, where the Magistrate is satisfied that such person is, according to the law of North Borneo, unlawfully at large, justify the Magistrate in committing such person to Victoria Gaol to await the further order of the Governor without re-opening the case;
(c) in every case proof of the identity of the fugitive criminal must be given, to the satisfaction of the Magistrate;
(d) warrants of arrest and copies of depositions, signed or taken before any such Judge or other competent Magistrate as aforesaid, and copies of convictions, shall be received in evidence, if the warrant of arrest purports to be signed by such Judge or Magistrate, and if the copies of depositions purport to be certified under the hand of such Judge or Magistrate to be true copies of the original depositions, and if the copy of the conviction purports to be certified under the hand and official seal of the Governor of North Borneo to be a true copy of the original conviction. The signature of every such Judge or Magistrate...
Procedure on fugitive criminal being before Magistrate.