712
No. 1 of 1896.
NORTH BORNEO EXTRADITION.
LAY. PRENAGRESSIVE..
Power to Governor to order discharge.
Discharge if not surrendered within on application to a Judge.
custody the fugitive criminal has escaped to retake him or receive him from such police officer and to hold him at all times as upon the original warrant.
13. Except where any proceedings are actually pending upon a writ of habeas corpus before the Supreme Court, and in such case 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 two months, and conveyed out of the Colony within 2 months after such committal, or within 2 months after the determination of any proceedings upon a writ of habeas corpus, as the case may be, any 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.
Aiders and abettors in extradition crime.
Protection of Magistrate and others acting under warrant.
†
Forms.
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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, gaoler, police officer, or any other person for anything done under or in obedience to 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.
17. The forms in the 2nd schedule or forms to the like effect, with such variations and additions as circumstances 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.
*As amended by No. 1 of 1912.
As amended by No. 50 of 1911.
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