duties imposed upon
him
Imperial Extradition Act
by
the
be more
to sever
268
convenient
seemly and
the Judicial from the
1870.
of taking the preliminary ex-
Witnesses in Extradition duty which in England
-amination of
Cases
a
devolves
on
Police magistrates. The Imperial Act places
the Governor of the Colony
in an invidious
and disagreeable
position. He is called upon
legal Inquiry
to preside at
and to decide questions between
Contending Counsel
&
Attorneys
and in his "Magisterial" capacity
his committal
liable
to be
set
aside
by
the Supreme Court. It would
be
Executive functions
in
all
the
Colonies, by conferring on Police Magistrates, as in England, the duty of taking the pre-liminary evidence
and committing the fugitive to prison,
subject to proceedings by Habeas Corpus before the
his release;
Supreme Court
for
and to limit the functions of
the Governor to the making
the Requisition to the Magistrate
the Warrant of apprehension and to the final granting of
and
the Warrant of
necessary.
in
Extradition when
This improvement
the administration
of Extradition