11
[89 VICT.]
Fugitive Offenders.
11
Note to clause 8.
This clause follows the existing Act in caabling the Secretary of State or the Governor of a British possession, on the request of a person returned under the Act, to send him back free of cost to the place where he was apprehended. The power is only given if the Secretary of State or Governor think fit. It would seem just that even if an absolute right is not given to the offender to be sent back free of cost to the place where he is apprehended, the court who tried him should have the power to order that he should be so sent back without leaving any discretion to the Government.
In the present Act it is not clear when the Secretary of State or the Governor is to act, but I presume the Secretary of State has to send the offender back when he is brought to the United Kingdom, and the Governor when he has been brought back to the colony, and the clause so provides.
Nor does the Aot specify how the costs of sending him back are to be defrayed. In the case of the Governor, they must, I presume, come out of colonial funds.
No provision is made, as in the Extradition Act, that a man when once returned in custody shall not be tried for anything except the offence for which he was returned.
L
may by warrant under his hand and seal order that offender to be A.D. 1876. returned to the part of Her Majesty's dominions from which he is a fugitive, and for that purpose to be delivered into the custody of the persons named in the warrant, and to be held in custody and conveyed
5 thither to be dealt with there in due course of law as if he had been there apprehended, and such warrant may be executed accordingly by the
persons to whom it is directed.
of persons
apprehended
turned
7. If a fugitive offender committed to prison in pursuance of this Discharge part of this Act in any part of Her Majesty's dominions is not con- 10 veyed out of that part within two months after such committal, a if not re-
judge of a superior court, upon application by or on behalf of the
within two offender, and upon proof that reasonable notice of the intention to mouths. make such application has been given, if in the United Kingdom to a Vict., c. 34,
See 6 & 7 Secretary of State, and if in a British possession to the governor of s. 6.
15 the possession, may order the offender to be discharged out of custody,
unless sufficient cause is shown to the contrary.
or if not
8. Where a person accused of an offence and returned in pur- Sending back suance of this part of this Act to any part of Her Majesty's dominions, persons
apprehended either is not prosecuted for the said offence within six months after if acquitted, 20 his arrival in that part, or is acquitted of the said offence, then if he indicted
is in the United Kingdom a Secretary of State, and if he is in a within six British possession the governor of that possession, if he think fit, may, See 6 & 7 on the request of such person, cause him to be sent back free of cost Vict., c. 34, and with as little delay as possible to the part of Her Majesty's 25 dominions in which he was apprehended.
months.
8. 7.
to be evi-
30
9. Depositions (whether taken in the absence of the offender or Depositions otherwise) and copies thereof, and certificates of or judicial docu- dence, and ments stating the fact of conviction, may, if duly authenticated, be authentica
tion of depo- received in evidence in proceedings under this Act.
sitions and
warrants.
Note to clause 9.
This clause is nearly the same as ss. 14 and 15 of the Extradition Act, 1870, and has the same object, viz., of allowing a warrant or a deposition to be authenticated by the
ath of any witness or by an official seal.
Warrants and depositions, and copies thereof, and certificates of or judicial documents stating the fact of a conviction, shall be deemed duly authenticated for the purposes of this part of this Act if they are authenticated in manner provided for the time being by law, or if they purport to be signed by or authenticated by the signature of
35 a judge, magistrate, or officer of the part of Her Majesty's dominions in which the same were issued, taken, or made, and are authenticated by the oath of some witness, or by being sealed with the official seal of a Secretary of State, governor of a British possession or colonial secretary, or some secretary or minister performing in a British 40 possession the like duties as a Secretary of State:
x-
{
PUBLIC RECORD OFFICE
Reference :-
C.O. 885
4
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO