331
that decision; for even if it could be admitted that a Colonial ordinance might modify the application of an Imperial Treaty, they do not find that Ordinance II of 1850 referred to in Y.d's despatch of Oct: 18, confers on the Colonial Executive any judicial functions, or any power to review the decision of a magistrate; & they are advised that according to the Extradition Act of 1870, the magistrate having committed the prisoners, it only remained for the Governor to issue the usual warrant of surrender required in extradition cases.
The Chinese Authorities contend I are advised that even had the Governor in Council been invested by the local ordinance with such powers H.E. could not legally receive fresh
331
that decision; for
even
if it c?
be admitted that a Colonial ordinance
might modify the application of an
Imperial Treaty, they do not find. that ordinance II of 1850 referred
To ui y.d's despatch of Oct: 18,
Confers
on the Colonial Executive
any judicial fructions, or any
power to triew the decision of
magistrate; & they
are advised
that according to the Extradition
Act
the
Act
of 1870,
the magistrate having
Committed the prisoners, it only
remained for the Governor to issue
the usual warrant
Surrender
required in extradition Cases.
2oly The Chinese Author conteud
I are advised that even had the
Governor
in Council been livested
by the leal ordinance with such
powers HE. c ? not legally receive
fresh
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