the

regulations respecting

648

the

Conduct

of Public Examinations (however erroneous

it

may be against the law of China) would not come within the limits of the Treaty

and

therefore the application of the Chinese Government for the

rendition

of Lo Jên-chi is not

warranted by that Treaty

- With respect to the charge of

escaping from lawful custody I am

of opinion that he should not be

tried on

Archbald

on

Criminal Pleading

speaking of Escape says: -

"for

"the

The imprisonment must be

for some criminal matter otherwise escape is not punished criminally

Wheaton's International

Boyd

037

Law, page 159 after reviewing the practice of

several States in the matter

of extradition

says: -

"If so then it is evident that the practice of nations does not

furnish a definite

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