Preamble.
Judges, Magi- strates, and Justices of the Peace may countersign all warrants for
apprehension, &c.
Commencement of
Act.
Act No. 19 of 1872 may be repealed in regard to the
Orange Free State and South African Republic.
Short title.
20
Inclosure 3 in No. 1.
[ACT No. 29 of 1874.]-Cape of GOOD HOPE.
Act to further facilitate the Apprehension in this Colony of certain Persons who have committed Crimes in the Colony of Natal, in the Province of Griqua-Land West, in the Orange Free State, or in the South African Republic.
[Assented to 31st July, 1874.]
WHEREAS it is expedient in the interests of justice that further provision should be made for the extradition of criminals or accused persons who may have committed offences in the Colony of Natal, in the province of Griqua-Land West, in the Orange Free State or in the South African Republic, and who may have sought refuge in, or who may be within this Colony: And whereas by Ordinance No. 4 of 1874, of the Province of Griqua-Land West, sufficient provision has been made in that province as to criminals and accused persons who have committed offences in this Colony, and who may be within the said province: Be it enacted by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council and House of Assembly, as follows:-
1. It shall be lawful for all Jugdes, Resident Magistrates, and Justices of the Peace within this Colony to countersign all warrants for the apprehension or recapture of any criminals or accused persons which may have been issued by any Judge or Resident Magistrate, within the Colony of Natal, the Province of Griqua-Land West, the Orange Free State, or the South African Republic, and also to do or cause to be done all things necessary to effect or assist in the apprehension or recapture of any such criminals or accused persons, and for their detention and transmission in safe custody from this Colony to any prison within the said Colony of Natal, the said Province of Griqua-Land West, the Orange Free State, or the South African Republic, wherein such criminals or accused persons may be lawfully detained pending trial, and any warrant countersigned as aforesaid shall have the same force and effect in this Colony to all intents and purposes as if such warrant has been issued by the Judge, Resident Magistrate, or Justice of the Peace countersigning the same.
2. This Act shall commence and take effect as to the Colony of Natal when and so soon as the Governor shall, by Proclamation under his hand and the Public Seal of the Colony, declare and proclaim that the Legislature of the said Colony of Natal has made provision by law, similar to what is herein contained, for the extradition of criminals or be accused persons charged with having committed offences in this Colony, and who may within the said Colony of Natal; and shall commence and take effect as to the Orange Free State when and so soon as the Governor shall, by Proclamation as aforesaid, declare and proclaim that the Legislature of the said Orange Free State has made provision by law, similar to what is herein contained for the extradition of criminals or accused persons charged with having committed offences in this Colony, and who may be within the said Orange Free State, and shall commence and take effect as to the South African Republic when and so soon as the Governor shall, by Proclamation as aforesaid, declare and proclaim that the Legislature of the said South African Republic has made provision by law similar to what is herein contained, for the extradition of criminals or accused persons charged with having_committed offences in this Colony, and who may within the said South African Republic: Provided that in and by any such Proclamation as aforesaid which may be issued as to the said Orange Free State or South African Republic, it shall be lawful for the Governor to declare and proclaim that "The Extradi- tion of Criminals Act, 1872," if in force as to the country to which such Proclamation relates, shall cease to be in force therein, and thereupon the said last-mentioned Act shall cease to be in force in such country accordingly.
be
3. This Act may be cited for all purposes as "The Intercolonial Extradition Act, 1874."
21
No. 2.
Major-General Sir G. Wolseley, G.C.M.G., K.C.B., to the Earl of Carnarvon.—(Received
August 20.)
(No. 143.) My Lord,
Government House, Natal, June 30, 1875. I HAVE the honour to bring to your Lordship's notice certain facts bearing on the state of the law as to the apprehension of criminals escaping from this Colony to the Cape Colony, and vice versa.
2. During the year 1874, the Legislature of the Cape of Good Hope passed an Intercolonial Extradition Act, which would only take effect when the Natal Legislature should pass a law making similar provision. This Act was transmitted to my predecessor, who, acting on the advice of the Attorney-General, pointed out that the Act in question was in conflict with 6 & 7 Vict., cap. 34, sec. 11, and informed Sir H. Barkly that, pending your Lordship's decision on the question, it was not his intention to submit a similar law to the Natal Legislature.
4. Very recently a person accused of theft escaped from Natal to the Cape Colony, but on the advice of the Attorney-General, I did not feel warranted in applying to the Cape Government for the apprehension of the man.
4. I, however, wrote to Sir H. Barkly, mentioning the circumstances, and requesting to be informed what decision had been come to by your Lordship in reference to the Intercolonial Extradition Act of 1874. Under date 29th May, 1875, I was informed that your Lordship's decision had not been received, but, further, the Attorney-General of the Cape expressed an opinion " that the culprit might have been apprehended under the Imperial Act 6 & 7 Vict., c. 34, amended by 16 & 17 Vict., c. 118, irrespective of the local Act of last Session, which only gives greater facilities."
5. The Attorney-General of this Colony, to whom I referred the above-mentioned despatch, reports that the Natal Supreme "Court have decided that my opinion is right, and that the Imperial Statutes only extend to the crimes therein specified; theft is not one of these crimes." He further remarks that in the Extradition Treaties between this Colony and the neighbouring Republics, the word "theft" was excluded at the request of the Home Government.
6. Under these circumstances, I have thought it right to bring the matter to your Lordship's notice, and await your instructions in the matter.
I have, &c.
(Signed)
G. J. WOLSELEY, Administrator.
Inclosure 1 in No. 2.
Report.
I APPEND a report forwarded by me to the Government on the occasion of the arrest in this Colony in 1863 of one Du Toit for a crime committed in the Cape Colony. As it treats the subject brought under notice by the Act of the Cape Parliament so fully, and exhausts almost everything that can be urged against the introduction and applica- tion of this measure to this Colony, no attempt has been made to curtail the whole of its contents except the short history of the case, being applicable to the present reference. I have only to add, as it has not been brought out in the Report, that in one particular the Act is so manifestly at variance with the Imperial Statute, 6 and 7 Vict., c. 34, section 11, that I have simply to draw attention to it to show how wide the difference is. The former empowers certain officers named to countersign all warrants for the appre- hension of any criminal or accused person, while the latter limits the offences for which persons can be so arrested to treason and felonies, and prohibits the warrant being issued in any other manner except as therein provided for.
(Signed) M. H. GALWEY, Attorney-General.
October 6, 1874.
In compliance with his Excellency's direction, I have the honour to submit the following remarks on the decision given by the Supreme Court on the application of Du Toit for his discharge from the gaol of this city.
Information on oath had been made before the Civil Commissioner and Magistrate
I (559)
PUBLIC RECORD OFFICE
Reference :-
C.O. 885
4
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH—NOT TO