that in dealing with extradition cases under Ord: 2. of 1850,
the magistrate guided by the
As in
should be
the same
principles dealing with a
preliminary investigation
on
a charge of an indictable offence committed in the
a Colony: and, according that failing, such a prima facie case of guilt
to
as would
induce a magistrate to commit
for trial if the offence had been committed in the colony, is
sufficient to make it his
duty
to commit for extradition.
As regards this ruling, it is intended by Messrs Dennys and Mossop (that
was Conland
I the
This ruling agrees with
the opinions of the
Law Officers
of the Crown in their report
to the Foreign Office of the 19th September 1885.
Whatever
reference
may be made to extradition between
civilized
countries and under
proper Extradition treaties,
in the case of Extradition to
China and
the
Treaty of
Tientsin, the frames
should not be extradited
without such fulness of guilt
as would warrant a conviction
by the magistrate, if he were finally trying the case.
the law then It adheres in this ruling the supreme Judge is corrupt
Holland
J.
feels
that there is considerable
force in the
argument advanced the late imperfect before and by
the Solicitor
would suggest for the consideration of the Marquis of Salisbury
that an endeavour should be