Requisition may be made by telegraph for apprehension of an accused person.
If a writ of habeas corpus is issued, within two months after the decision of the Court, upon the return to the writ,--
Then upon application by or on behalf of the accused, and upon proof that reasonable notice of such application was 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 unless sufficient cause is shown to the contrary,
any Judge of the superior Court of law in that part of Her Majesty's dominions may order that the accused be discharged out of custody.
X. If in Great Britain, a Secretary of State,
In Ireland, the Chief Secretary of the Lord Lieutenant, or
In any other part of Her Majesty's dominions, the Governor, makes requisition by telegraph for the apprehension of any person charged with one of the crimes described in the schedule to this Act, and intimates that a warrant has been issued in that part of Her Majesty's dominions for the apprehension of such person, it shall be lawful,-
In Great Britain, for a Secretary of State,
In Ireland, for the Chief Secretary of the Lord Lieutenant, and
In any other part of Her Majesty's dominions, for the Governor, by order under his hand and seal to signify to a Magistrate that such requisition has been made, and to direct him to issue his warrant for the apprehension of the accused person.
XI. On receipt of the said order, a Magistrate may issue his warrant for the apprehension of the accused, and any Magistrate before whom he is brought, may admit the accused to bail, or remand him to prison there to remain until the aforesaid warrant arrives.
The Magistrate at the time of remanding the accused shall fix some time which appears to him reasonable with reference to the circumstances of the case, and the accused shall be discharged if the aforesaid warrant do not arrive within the time so fixed:
XII. If any person is conveyed under this Act into that part of Her Majesty's dominions in which he is charged with committing an offence, and he is not indicted for such offence within six months after his arrival, or if upon his trial he is acquitted,
Then in Great Britain, a Secretary of State,
In Ireland, the Chief Secretary of the Lord Lieutenant, and
In any other part of Her Majesty's dominions, the Governor, may, at the request of such person, and if he think fit, cause such person to be sent back free of cost, and with as little delay as possible, to that part of Her Majesty's dominions from which he was so conveyed.
XIII. The Court before which any accused person who has been conveyed into the United Kingdom under this Act, is prosecuted or tried may order payment of the whole or any part of the expenses of apprehending such person and of removing and conveying him from the place of apprehension to the Court.
The amount of such expenses shall be ascertained by the proper officer of the Court, and he shall make out and deliver to the person entitled thereto an order upon such Treasurer or other officer, as would be by law liable to pay an order by such officer of the Court for any expenses for a prosecution before such Court. Such Treasurer or other officer is hereby required to pay any such order upon sight thereof, and shall be allowed the same in his accounts.
XIV. The forms set forth in the second schedule to this Act, or forms as near thereto as circumstances admit, may be used in all matters to which such forms refer, and when used shall be deemed to be valid and sufficient in law.
XV. In this Act, unless the context otherwise requires,-
The term "Secretary of State" means one of Her Majesty's Principal Secretaries of State;
The term "Lord Lieutenant" means the Lord Lieutenant of Ireland;
The term "Governor" means any person or persons administering the Government of any colony, plantation, island, territory, or settlement within Her Majesty's dominions, and includes the Governor of any part of India.
The term "Magistrate" includes any Police Magistrate, Stipendiary Magistrate, or Justice of the Peace, and in Scotland any Sheriff, Sheriff's substitute, or Magistrate.
The terms "Indicted," "Indictable" include proceeding by information.
XVI. The Act passed in the seventh year of Her Majesty's reign, chapter thirty-four, intituled "An Act for the better apprehension of certain offenders" is hereby repealed.
Notwithstanding such repeal, any proceedings commenced under the said Act before the passing of this Act may be continued and carried on to the prosecution and trial of the accused person, and all things done therein in accordance with the terms of the said Act shall be valid.
FIRST SCHEDULE.
The following list of crimes is to be construed according to the law as it existed at the date of the alleged crime in the place where the accused person is, or is suspected to be, whether by common law or by statute made before or after the passing of this Act:
(1) Murder (including infanticide) and attempt to murder.
(2) Manslaughter.
(3) Counterfeiting or uttering money, uttering or bringing into circulation counterfeit or uttered money.
(4) Forgery, or counterfeiting, or uttering, or uttering what is forged, or counterfeited, or altered; comprehending counterfeiting or falsifications of paper money, bank notes, or other securities, forgery, or other falsification of other public or private documents, likewise the uttering or bringing into circulation, or wilfully using such counterfeited, forged, or falsified papers.
(5) Larceny or embezzlement.
(6) Obtaining money or goods by false pretences.
(7) Crimes against the law of bankruptcy or insolvency.
(8) Fraud committed by a bailee, banker, agent, factor, trustee, or director or member or public officer of any company made criminal by any law for the time being in force.
(9) Rape.
(10) Abduction of minors.
(11) Child stealing or kidnapping.
(12) False imprisonment.
(13) Burglary, or house-breaking, with criminal intent.
(14) Arson.
(15) Robbery with violence.
(16) Threats by letter or otherwise with intent to extort.
(17) Perjury or subornation of perjury.
(18) Malicious injury to property, if the offence be indictable.
(19) Being accessory before or after the fact to any of the aforesaid crimes.
SECOND SCHEDULE.
Form of order of [Secretary of State] to a Magistrate.
To the Police Magistrate of]
Whereas requisition by telegraph has been made to me, [one of Her Majesty's Principal Secretaries of State,] by [Governor of the Colony of
for the apprehension of charged with having committed the crime of
in the said [Colony of
and intimating that a warrant has been issued in the
for the apprehension of the said
said [Colony of
Now I hereby by this my order under my hand and seal signify to you that such requisition has been made, and require you to issue your warrant for the apprehension of the said if he be found within the limits of your jurisdiction.
Given under the hand and seal of the undersigned [one of Her Majesty's Principal Secretaries of State] this day of 18
Form of warrant of apprehension by order of [Secretary of State.]
To all and each of the Constables of the Police Force of to wit.
Whereas the Right Honourable one of Her Majesty's Principal Secretaries of State, by order under his hand and seal, hath signified to me that requisition hath been duly made to him for the apprehension of charged with having committed the crime of late of in the
: This is therefore to command you in Her Majesty's name forthwith to apprehend the said pursuant to "The Absconding Offenders' Act, 1876," wherever he may be found in the [United Kingdom or Isle of Man] and bring him before me or some other Magistrate sitting in this Court, to show cause why he should not be remanded to prison in pursuance of the said "Absconding Offenders' Act, 1876," for which this shall be your warrant.
Given under my hand and seal at this day of 18
Warrant remanding an accused person.
To the Constable of and to the keeper of to wit.
Whereas this day was brought before me under "The Absconding Offenders' Act, 1876," for that he is charged with having committed the crime of in the Colony of the said and that a warrant for the apprehension of has been issued in the [said Colony of
and whereas it appears to me to be necessary to remand to prison
This is therefore to command you, the said constable, in Her Majesty's name forthwith to convey and deliver the body of the said into the custody of the said keeper of the
at on the day of and you the said keeper to receive the said into your custody, and him there safely to keep until the at o'clock in the forenoon of the same day before me or before such other Magistrate as may then be there, to answer further to the said charge and to be further dealt with according to law unless you shall be otherwise ordered in the meantime.
Given under my hand and seal this day of 18
Recognizance of bail.
Be it remembered, that on A.D. 187. A.B. of C.D. of and E.F. of came before me personally and severally acknowledged themselves to owe to our Lady the Queen the several sums following, that is to say, the said A.B. and the said C.D. and E.F. each of good and lawful money of the sum of to be made and levied of their several goods and chattels, lands and tenements respectively to the use of our said Lady the Queen, Her Heirs and Successors, if he the said A.B. fail in the condition indorsed.
Taken and acknowledged the day and year first above mentioned at before me.