2
receipt of authenticated copies of the depositions, as is the case now, I do not see why the depositions should not be authenticated by being transmitted in the Colonial Office cypher to the Governor, which would be as good an authentication as that now iu use.
It would be necessary to telegraph out the depositions, as the Magistrate could not commit upon the warrant alone, but must have something in the nature of evidence to go upon.
Care should be taken that this Act does not weaken the power of a constable to arrest upon the "reasonable suspicion " raised by receipt of a tele- gram in the ordinary way, and if the Government draughtsman thinks proper, words might be inserted to guard against this.
November 21, 1874.
W. R. M.
by telegraph accompanied
despatch
&
Draft of a Bill.
429
Short title.
Amendment of 667.V.c.34.5.8
rather vague
Scand
A
WHEREAS it is expedient to make further provision for the apprehension and trial of offenders who may be in places other than those in which their offences were committed: Be it enacted by the Queen's Most Excellent Majesty, by and with the consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
1. This Act may be cited, for all purposes, as "The Apprehension of Criminals Act, 1875."
41
2. Where any offence has been committed upon the high seas and a warrant has been issued in any part of Her Majesty's Dominions for the appre- hension of any person who is alleged to have committed such offence, any person, empowered by Section 3 of the Act of the Session of the 6th and 7th years of the Reign of Her present Majesty, An Act for the Better Appre- cap. 34, intituled hension of Certain Offenders,” to commit supposed offenders to prison may, upon the production of such evidence of criminality as is required by the Section, commit the person for whose appre- hension such warrant has been issued to prison. there to remain until he can be sent for trial to such place within Her Majesty's Dominions as, having regard to the circumstances of the case, the ends of justice may appear to require. And, in any such case it shall be lawful in Great Britain for one of Her Majesty's Principal Secretaries of State, in Ireland for the Lord Lieutenant, and, in any other part of Her Majesty's Dominions, for the Governor or Acting Governor, by warrant under his hand and seal to order any person, who has been so committed to prison as last aforesaid to be delivered into the custody of some person or persons to be named in the said warrant for the purpose of being conveyed for trial into such part of Her Majesty's Dominions,