146
THE FUGITIVE OFFENDERS ACT.
Act of 1881. the warrant within the part of Her Majesty's Dominions or place within which such endorsement is by this Act made a sufficient authority, by apprehending the person named in it, and bringing him before some Magistrate in the said part or place, whether the Magistrate named in the endorsement or some other.
Conveyance of fugitive and witnesses.
[now 1894;
57 & 58 Vict. c. 60].
Escape of prisoner from custody.
For the purposes of this Act every warrant, summons, subpoena, and process, and every endorsement made in pursuance of this Act thereon, shall remain in force, notwithstanding that the person signing the warrant or such endorsement dies or ceases to hold office.
27. Where a fugitive or prisoner is authorised to be returned to any part of Her Majesty's Dominions in pursuance of Part I or Part II of this Act, such fugitive or prisoner may be sent thither in any ship belonging to Her Majesty or to any of her subjects.
For the purpose aforesaid, the authority signing the warrant for the return may order the master of any ship belonging to any subject of Her Majesty bound to the said part of Her Majesty's Dominions to receive and afford a passage and subsistence during the voyage to such fugitive or prisoner, and to the person having him in custody, and to the witnesses, so that such master be not required to receive more than one fugitive or prisoner for every 100 tons of his ship's registered tonnage, or more than one witness for every 50 tons of such tonnage.
The said authority shall endorse or cause to be endorsed upon the agreement of the ship such particulars with respect to any fugitive, prisoner or witness sent in her as the Board of Trade from time to time require.
Every such master shall on his ship's arrival in the said part of Her Majesty's Dominions cause such fugitive or prisoner, if he is not in the custody of any person, to be given into the custody of some constable, there to be dealt with according to law.
Every master who fails on payment or tender of a reasonable amount for expenses to comply with an order made in pursuance of this section, or to cause a fugitive or prisoner committed to his charge to be given into custody as required by this section, shall be liable on summary conviction to a fine not exceeding £50, which may be recovered in any part of Her Majesty's Dominions in like manner as a penalty of the same amount under the Merchant Shipping Act, 1854, and the Acts amending the same.
28. If a prisoner escape, by breach of prison or otherwise, out of the custody of a person, acting under a warrant issued or endorsed in pursuance of this Act, he may be retaken in the same manner as a person accused of a crime against the law of that part of Her Majesty's Dominions to which he escapes may be retaken upon an escape.
Page 10
Page 11