710
No. 1 of 1896.
NORTH BORNEO EXTRADITION.
(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 the Gaol to await the further order of the Governor without reopening 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 and his authority to take cognizance of the crime or offence charged shall be sufficiently proved if the document purports to be sealed with the official seal of the Governor of North Borneo, and all Courts of Justice in the Colony shall take judicial notice of such seal, and admit the document so authenticated by it to be received in evidence without further proof; and
(e) the warrant of arrest and the copy of the depositions, or, as the case may be, the copy of the conviction, shall be read to the fugitive criminal, if he so desires, and he shall be asked if he has any valid cause to show why he should not be committed to gaol to await the order of the Governor.
(2) The Magistrate shall receive any evidence which may be tendered to show that the crime or offence of which the fugitive criminal is accused is a crime or offence of a political character or is not an extradition crime.
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