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PUBLIC RECORD OFFICE
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CO.
885
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That if we should be of opinion that the legal effect of the Treaty, and of the Order in Council applying the Extradition Act, 1870, thereto, was to bring British Colonies under their operation, and to suspend in the Straits Settlements, as regards Holland, the operation of the Indian Act, No. VII. of 1854, Lord Tenterden stated that he was to request that we would further advise your Lordship whether the difficulty can be met by issuing a new Order in Council, which should repeal that of 6th of August 1874, and apply the Extradition Act of 1870 to the Treaty with Holland, excepting the Colonies of either nation, or whether any other course should, in our opinion, be adopted under the circumstances.
In obedience to your Lordship's commands, we have the honour to
Report
That in our opinion the Act of 1870 does, by the force of sec. 17 of that Act, and the general words of the Treaty of the 19th of June 1874, apply to and is in force in the Straits Settlements.
The difficulty, if any, may, however, in our opinion be removed, and the wishes of the Government of the Straits Settlements be met, by an Order in Council under sec. 18 of the "Extradition Act, 1870," directing that the Indian Act VII., 1854, shall have effect in the Straits Settlements without modification or alteration.
:
And looking to sec. 2 of the "Extradition Act, 1870," we do not think that it will be necessary to repeal the Order in Council of August 1874.
The Earl of Derby,
&c.
•
&c.
We have, &c.,
(Signed) JOHN HOLKER.
HARDINGE GIFFARD. PARKER DEANE.
SIR,
No. 123.
(CANADA.)
FOREIGN OFFICE to COLONIAL OFFICE.
Foreign Office, January 22, 1877. WITH reference to the concluding paragraph of your letter of the 23rd ultimo, on the subject of the proposed Extradition Treaty between this country and the United States, and in which, by Lord Carnarvon's desire, you call particular attention to the list of crimes submitted by Mr. Blake, the Canadian Minis directed by the Earl of Derby to state to you that should Lord Carnarvon concur in of Justice, I am such a course he will instruct Her Majesty's Minister at Washington to propose to the United States Government that the crimes of "shop-breaking procure abortion
should be inserted in the list of crimes enumerated in Article I. and "attempt to of the proposed treaty, as suggested by Mr. Blake in his memoranda enclosed in Mr. Meade's letter of the 22nd of August last.
"
Both these crimes are included in the schedule to the Extradition Act of 1873, the one being an indictable offence against section 55 of the Larceny Act, 1861, and the other against section 58 of the Consolidation Act, 24 and 25 Victoria, chapter 100. The addition of these two offences to the list of crimes in the Treaty would not, therefore, necessitate any alteration of the law.
Mr. Blake, however, further suggests that crimes 17, 18, and 19 (18, 19, and 20 of the English Draft), which by the schedule to the Act of 1870 are made extradition crimes when committed at sea, should by a provision in the Treaty be made also extradition crimes when committed on the great lakes and inland waters of North America.
This suggestion could not be carried out without an alteration of the law, but if the Extradition Acts should be amended in any other particular there will be no difficulty in providing for this requirement. "revolt or conspiracy to revolt on board a ship on the high seas against the authority As regards, however, the offence of of the master," I am to observe that it is an offence against the provisions of section 9 of the Act 11 and 12 William Third, chapter 7, and that it does not come within the statute, unless it be committed within the jurisdiction of the Admiralty.
Lord Derby would therefore be glad to be informed whether by the existing laws '
of the Dominion that offence is punishable when committed on the great lakes and inland waters of North America.
The Under-Secretary of State, Colonial Office.
(Signed)
I am, &c.,
JULIAN PAUNCEFOTE.
▲ 12916.-121. 25.-12/84.
12 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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