السلسلنا
PUBLIC RECORD OFFICE
Reference :-
with the view of their being tried for such offences in the kingdom of Italy; and it is proposed by the Crown Advocate in Malta that the provisions of such Ordinance should be extended so as to provide for the surrender of persons who have been convicted “in contradictorio” (i.e., after a regular trial in the presence of the accused) of the like offences.
The surrender of persons convicted of extradition offences, as well as of those charged with the like offences, is recognised both by the Extradition Act of 1870, and by the Treaty with Italy of the 5th February 1873, in the former of which it is provided that the terms "conviction and "convicted" shall not include or refer to "conviction for contumacy, and in the latter that the demand for extradition must` not be founded upon a sentence "in contumacia.”
a
The proposal of the Crown Advocate, while it would extend the provisions of the Maltese Ordinance to persons convicted of extradition offences, would, equally with the Treaty with Italy and with the provisions of our Extradition Act, exclude their application to sentences in "contumacia," and we are therefore of opinion that the Ordinance may properly be amended or supplemented in the manner suggested by him. We think, however, that the Italian Government should come under reciprocal obligations.
We have, &c.,
The Earl of Derby,
&c.
&o.
E
(Signed)
RICHARD BAGGALLAY. JOHN HOLKER.
J. PARKER DEANE.
6386.
No. 23.
(GENERAL.)
LAW OFFICERS to FOREIGN OFFICE.
EXTRACT from a REPORT of the LAW OFFICERS, dated May 21st, 1874, on Article II. of the proposed Consular ConventION with the UNITED STATES.
ARTICLE II.
engages
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland to apply, by Order in Council, to the merchant vessels of the United States, the Foreign Deserters Act, 1852, which provides for the apprehension and conveyance on board their respective vessels of seamen who may desert from foreign merchant vessels when within Her Majesty's dominions; and the United States reciprocally engage to afford similar facilities with regard to the apprehension and conveyance on board their respective vessels of seamen who may desert from British merchant vessels when within the dominions of the United States.
"As regards Article II. we think that the application of the Seamen Deserters Act, 1852, should be in express terms limited to merchant vessels of the United States when within Great Britain and Ireland, and should not be extended, as proposed in the draft Convention, to Her Majesty's dominions, which would embrace India and Colonies having their own legislatures."
CO.
885
▲ 13916–24. 85,—12/84
12 PUBLIC RECORD OFFICE, LONDON
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