a draft Bill for
8 for the consideration of
His Excellency, and transmission to England is approved. It
I may
serve
as the basis of another Bill if the
Secretary of State thinks fit to
entertain the subject.
It will be noticed that Peracy is
omitted
from the schedule. The
omission is intentional, because the
Court of each Colony would have
jurisdiction to
try Offences, and
persons accused by such offences,
when such is the case the offenders
are not
to be tried elsewhere.
I given use for (Signed) John Brereton
14th February 1875.
Attorney General
(True Copy)
Acting Colonial Secretary
A Bill
for the Better Apprehension of certain Offenders.
WHEREAS it is expedient to amend the law relating to the
Preamble.
apprehension and trial of offenders who are found in other parts of Her Majesty's dominions than those in which the offences were committed Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Temporal and Spiritual in this present Parliament assembled, and by the authority of the same, as follows:--
1. This Act may be cited as "The Absconding Offenders' Act,
Short title.
1876."
II. This Act shall not apply to persons who, being charged with
The Act not
having committed offences in one part of the United Kingdom,
to apply to
offenders within
in the United
are in or are suspected to be in another part of the United Kingdom.
Kingdom.
III. Whenever a warrant has been issued in any part of Her
Warrants
Majesty's dominions for the apprehension of any person charged
issued in one
with one of the crimes described in the schedule to this Act, and
part of Her
such person is in, or is suspected of being in any other part of
Majesty's
Her Majesty's dominions, the said warrant may be endorsed in
dominions may
such other part of Her Majesty's dominions by the following
be endorsed in
persons, namely:-
another.
In Great Britain, by a Secretary of State;
In Ireland, by the Chief Secretary of the Lord Lieutenant;
And in any other part of Her Majesty's dominions, by a
Judge of the Superior Court of law therein: Provided it be first proved to him upon oath that the seal or signature to the warrant is the seal or signature of the person whose seal or signature the same purports to be.
An endorsement shall be sufficient if made in the words
Form of
"Endorsed under the provisions of the Absconding Offenders'
endorsement.
Act, 1870, or words to the like effect.
"3
IV. Any warrant so endorsed shall authorize all persons to
When endorsed,
whom it is directed, and all constables and officers of police of the
may be
place where it is endorsed, to apprehend any person named in the
executed in the
warrant, and to bring him before any Magistrate having juris-
place of
diction to examine and commit offenders for trial in that part of
endorsement.
Her Majesty's dominions.
When any such person is brought before him, a Magistrate shall hear the case in the same manner, and shall have the same jurisdiction and powers, as near as may be, as if the person were brought before him charged with an indictable offence committed
in that part of Her Majesty's dominions.
V. If such evidence is produced as would justify the committal
Committal for
trial of the prisoner, if the crime of which he is accused had
trial of accused
been committed in that part of Her Majesty's dominions, the
person.
Magistrate shall commit him to prison there to remain until he be further dealt with under this Act.
other part of
VI. Depositions or statements on oath taken in another part of
Depositions
Her Majesty's dominions, and copies of such depositions or state-
taken in another
ments, may be received in evidence in proceedings under this
Her Majesty's
Act, if authenticated in the manner for the time being provided
dominion
by law, or, if they purport to be certified under the hand of a
receivable in
Judge or Magistrate, by or before whom the same were taken, to
evidence.
be the original depositions or statements, or to be true copies thereof, and if they be proved by the oath of some witness to be the original depositions or statements or to be true copies thereof.
VII. Immediately after the committal of any such person, the
Information of
committing Magistrate shall send a copy of the evidence and of
committal to
the said warrant,-
be given.
In Great Britain, to a Secretary of State;
In Ireland, to the Chief Secretary of the Lord Lieutenant;
And in any other part of Her Majesty's dominions, to the
Governor:
And the person to whom the said copies are sent may, by warrant
Warrant for
under his hand and seal, order that the accused be delivered into
delivery of the
the custody of some person to be specified in the warrant, and
accused.
the accused shall be delivered accordingly.
VIII. Any person to whom such warrant is directed may re-
Accused person
ceive, hold in custody and convey the accused person into that
may be con-
part of Her Majesty's dominions in which he is charged with
veyed to the
having committed the offence, and may there deliver him to the
place where
the custody of the proper authorities.
the offence was
If the offender escapes out of any custody to which he is com-
committed.
mitted in pursuance of this Act, he may be retaken in the same manner as any person accused of any crime against the laws of that part of Her Majesty's dominions may be retaken upon an
escape.
IX. If an accused person committed to prison under this Act
Accused person
is not conveyed out of that part of Her Majesty's dominions to be
is not conveyed within two months after committal (not reckoning therein the
within two
time actually required to convey him from the prison by the
months.
readiest way out of that part of Her Majesty's dominions),
or,
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