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With regard however to proceedings outside
7.
Magisterial proceedings nature of habeas corpus
that is to say any proceedings in the it does not appear to me in any case
that this Government is called upon to pay such expenses. On the contrary habeas corpus proceedings are to a large extent outside the scope of extradition proceedings of normal character and, although I cannot speak with certainty upon this point, I have little doubt that the costs in connection wi habeas corpus
proceedings are not intended to be the part of the costs which a State undertakes, by a Treaty-clause relative to the cost of
extradition proceedings, to pay: and I should think that such are always paid by the requisitioning state. Indeed although it may be rigat in habeas corpus proceedings connected with extradition that the Attorney-General should appear for the Crown I see no reason why other counsel should not be engaged to assist him and he and they paid by the Covernment seeking to oppose the habeas corpus: whether the Attorney-General actually receives the fee or not is
of course a subsidiary matter.
8.
So far as the United States are concerned I
think that all extradition expenses have to be borne by the re- -quisitioning state. But the Treaties with countries vary and I
think that there is no good reason why we should not ask of
another country what that country esko of us. The matter is not
an unimportant one and I think it might be as well if any
difficulty is anticipated to refer the question home for instructions as to the proper practice.
9.
Of course it might be desirable for us to make
some special arrangement wit a Macao and the Philippines.
(Sd.) John A Bucknill,
Attorney-General.
28th. December, 1912.