who committed him to
pending
to prison
the Governor's orders.
The proceedings purported to be
taken under the Act 6 and
7 Vict. Case. 34
but as that Act (Section
10) applies only to treason, or
some felony not bailable at quarter sessions in England, the proceeding could not be supported and the man was discharged.
It will be
apparent that under
the law as contained in the Act
6 and 7 Vict. Cap. 34, certain offenders
who would be subject to extradition
if they absconded to
foreign countries
with which Great Britain has made
treaties, are free from
Surrender
489
if they remain within Her Majesty's Colonial possessions. This anomaly
cannot be
effectually removed by
Colonial legislation, as the powers of
each legislature is limited to the
boundaries of its
Colony.
But an Imperial Act extending the principle of 6 and 7 Vict. Cap. 34 to
all extradition crimes will meet the
case. And it would be well if Authority were given to apprehend offenders, upon telegraphic information, guarding the exercise of this power by proper precautions for their discharge after
a reasonable time
if the warrant is not forwarded. With this view I have prepared
Q