1160 [ 26 of 1889.) CHINESE EXTRADITION .
to retake him or receive hiin from such police officer or constable
and to hold him at all times as upon the original warrant.
Discharge of 14. Except where any proceedlings are actually pending upon
fugitive
criminal. a writ of habeas corpus before the Supreme Court and in such
case with the concurrence in writing of the Judge having
cognizance thereof, the Governor may at any time by order
under his hand and seal discharge a fugitive criminal from
custody.
Discharge if
not surren
15. If a fugitive criminal who has been committed to prison
dered within under this ordinance to await the order of the Governor is not
two months
surrendered and conveyed out of the Colony within two months
or on applica- after such committal, any Judge of the Supreme Court may
decision upon upon application made to him by or on behalf of the fugitive
haben
to udempus
ce
criminal and upon proof that reasonable notice of the intention
upon noti
. to make such application has been given to the Crown Solicitor,
to the Crown order the fugitive criminal to bedischarged out ofcustody unless
sufficient cause is shewn to the contrary.
Aid andi
abettors in
16. Every person who is accused or convicted of having
extradition counseller procured commanded aided or abetted the commis
crimes, sion of any extradition crime or of being accessory before the
fact to any extradition crime shall be deemed for the purposes
of this ordinance to be accused or convicted of having committed
such crime and shall be liable to be apprehended and surrend
ered accordingly.
Protection of 17. If any suit or action be brought against a Magistrate,
Magistrate
and others Superintendent of the Victoria Gaol, gaoler, police officer,
acting under constable or any other person for anything done under or in
warrant.
obedience to any warrant or order issued under the provisions
of this ordinance, the proof of such warrant or order shall be a
sufficient answer to such suit or action , and the defendant on
such proof as aforesaid shall be entitled to a verdict or judy
ment accordingly and shall also be entitled to all costs of suit.
Forms. 18. The forms in the second schedule hereto or forms to the
like effect with such variations and additions as circumstances
require may be used for the purposes therein in dicated and
according to the directions therein contained and instruments
in these forms shall ( as regards the form thereof) be valid and
sufficient .
Suspending 19. This ordinance shall not come into operation unless and
clause .
until the Officer Administering the Government notifies by
proclamation that it is Her Majesty's pleasure not to disallow
the same; and thereafter it shall come into operation on such
day as the Officer Administering the Government shall notify
by the same or any other proclamation.
[ In force from the oth Norember, 1889. Proclamation of same date.]