144
Act of 1881. Refusal to re-
too trivial.
THE FUGITIVE OFFENDERS ACT.
19. Where the return of a prisoner is sought or ordered under this part of this Act, and it is made to appear to a superior Court that by reason of the trivial nature of the case, or by reason of the application for the return of such prisoner not being made in good faith in the interests of justice or otherwise, it would, having regard to the distance, to the facilities of communication, and to all the circumstances of the case be unjust or oppressive, or too severe a punishment, to return the prisoner either at all or until the expiration of a certain period, the Court or Magistrate may discharge the prisoner either absolutely or on bail, or order that he shall not be returned until after the expiration of the period named in the order, or may make such other order in the premises as to the Magistrate or Court seems just.
Any order or refusal to make an order of discharge by a Magistrate under this section shall be subject to an appeal to a superior Court.
Offence committed on boundary of two adjoining British possessions.
Offence committed on journey between two possessions.
PART III.
TRIAL, &c., OF OFFENCES.
20. Where two British possessions adjoin, a person accused of an offence committed on or within the distance of 500 yards from the common boundary of such possessions may be apprehended, tried, and punished in either of such possessions.
21. Where an offence is committed on any person or in respect of any property in or upon any carriage, cart, or vehicle whatsoever employed in a journey, or on board any vessel whatsoever employed in a navigable river, lake, canal, or inland navigation, the person accused of such offence may be tried in any British possession through a part of which such carriage, cart, vehicle, or vessel passed in the course of the journey or voyage during which the offence was committed; and where the side, bank, centre, or other part of the road, river, lake, canal or inland navigation along which the carriage, cart, vehicle, or vessel passed in the course of such journey or voyage is the boundary of any British possession, a person may be tried for such offence in any British possession of which it is the boundary:
Trial of offence of false swearing or giving false evidence.
Provided that nothing in this section shall authorise the trial for such offence of a person who is not a British subject, where it is not shown that the offence was committed in a British possession.
22. A person accused of the offence (under whatever name it is known) of swearing or making any false deposition, or of giving or fabricating any false evidence, for the purposes of this Act, may be tried either in the part of Her Majesty's Dominions in which such deposition or evidence is used, or in the part in which the same was sworn, made, given, or fabricated, as the justice of the case may require,