413
being treaties withe Pure and limits there where he could
as was
Commity
We tried (as required this rendition to Peru in preference to thina
foroved by affidavit) international Comit
of rendition
2nd I that international comity, thetween two states did not
extend to subjects of a thived state
3 h I that the affitication for rendition ought to be made.
by the Emperse as the Snforme Power in the state whilst
the application here made was
Governor
་ ས་བ ་འ༑ ཙ་
a more
e provincial
And lastly that whereas by article twenty one of
the Treaty (paplefeed 26 June/860/with China the rendition of
Chinese subjects only
right
was
stifuctated for, that exituded all
in China to ask for the rendition of English much
hew of Foreign fugitives from thina
"The thief Justice however (without calling
on me
to support the return) decided that the forisoner must be remanded - He however said that on the last ground suggested by Mr Pollard the had had
that on
the whole he had thought it right to decide
against the prisoner. He thought the ease most important in its consequences and the should recommend the Governor to abstain from rendering up the prisoner to the threse authorities until the opinion of the Law Officers at Home could be thetained on the question
Mr. Pollard then applied to the Court to set the n
purisoner at large
been accepted
on
the like Bail to that which had
on his commitment for trial
The Chief Justice said such an application did not foroperly come before him; but he strongly recommended that the forisoner should be let out on
Bail.
I expressed my willingness to consent to Bail bony tatten
if it
were practicatule but I added I feared difficulties in
inforcing the usual recognizance in case
of for fecture
as this appeared to me to the
Mr. Pollard
doubts but
in a case
grave
extrajudicial
that
2