8166.
SIR,
No. 90.
(GIBRALTAR.)
LAW OFFICERS to COLONIAL OFFICE.
Royal Courts of Justice. April 29, 1887.
We were honoured with Mr. Wingfield's letter of the 26th instant, stating that he was directed by you to transmit to us the enclosed copies of the following documents which had been received from the Governor of Gibraltar, viz. :—
(1.) A warrant issued by the officiating joint magistrate of Allahabad addressed
to the Governor of Gibraltar for the arrest of Manuel Martinez, who was believed to be a fugitive offender from British India.
(2.) The depositions upon which the warrant was issued.
(3.) A letter from the public prosecutor to the Government, North-Western Provinces and Oudh, to the Governor of Gibraltar, forwarding the above- mentioned warrant and depositions, and requesting the Governor to provide for the apprehension of Martinez uuder the Fugitive Offenders Act, 1881, if he should come to Gibraltar. (4.) The opinion of the Attorney-General of Gibraltar as to the course to be pursued
by the Governor. That the Governor had applied to the Secretary of State for directions in the matter, and that Mr. Wingfield was to request that we would inform you whether we concurred in the opinion of the Attorney-General of Gibraltar, or whether in our opinion Martinez could be lawfully arrested in Gibraltar under the warrant in question if endorsed by the Governor.
In complianco with the request contained in Mr. Wingfield's letter, we have the honour to
Report,
2
That without expressing an opinion upon all the objections taken by the Attorney- General of Gibraltar, we are of opinion that it is by no means clear that the warrant is valid, and we cannot advise that the Governor of Gibraltar may safely proceed to act thereon.
-The Right Hon. Sir Henry Holland, Bart., M.P.,
&c. &c.
&c.
We are, &c..
(Signed)
RICHARD E. WEBSTER. EDWARD CLARKE.
50069.-15. 25-5,87
PUBLIC RECORD OFFICE
ग्य
C.O.885
Reference :-
13 PUBLIC RECORD OFFICE, LONDON
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