474
No. 7 of 1889.
Discharge if not surrendered within 2 months.
*
Aiders and abettors in extradition crime.
Protection of Magistrate and others warrant or order.
CHINESE EXTRADITION.
with the concurrence in writing of the Judge having cognizance thereof, the Governor may at any time, by order under his hand and seal, discharge a fugitive criminal from custody.
14. If a fugitive criminal who has been committed to prison under this Ordinance to await the order of the Governor is not surrendered and conveyed out of the Colony within 2 months after such committal, a Judge may, on application made to him by or on behalf of the fugitive criminal and on proof that reasonable notice of the intention to make such application has been given to the Crown Solicitor, order the fugitive criminal to be discharged out of custody, unless sufficient cause is shown to the contrary.
15. Every person who is accused or convicted of having counselled, procured, commanded, aided, or abetted the commission of any extradition crime or of being accessory before the fact to any extradition crime shall be deemed, for the purposes of this Ordinance, to be accused or convicted of having committed such crime, and shall be liable to be apprehended and surrendered accordingly.
16. If any action or suit is brought against a Magistrate, the Superintendent of the Gaol, a gaoler, police officer, or any other person acting under any warrant or order issued under the provisions of this Ordinance, the proof of such warrant or order shall be a sufficient answer to such action or suit, and the defendant, on such proof as aforesaid, shall be entitled to a verdict or judgment accordingly and shall also be entitled to all costs of suit.
Forms.
+
$
17. The forms in the 2nd schedule or forms to the like effect, with such variations and additions as circumstances may require, may be used for the purposes therein indicated and according to the directions therein contained, and instruments in those forms shall (as regards the form thereof) be valid and sufficient.
FIRST SCHEDULE. LIST OF EXTRADITION CRIMES.
1. Murder and attempt to murder.
2. Manslaughter.
3. Malicious wounding.
[s. 2.]
4. Counterfeiting or altering money, or uttering or bringing into circulation counterfeit or altered money.
* As amended by No. 62 of 1911.
As amended by No. 50 of 1911 and No. 51 of 1911.
$ As amended by No. 50 of 1911.
C.