TABLE OF CONTENTS.
No. in Series.
Date
From or to whom.
SUBJECT.
Page
and Number.
1
To Treasury
Feb. 28, 1876 Requesting that Parliamentary counsel may be in- structed to prepare a Bill" relating to fugitive offenders. With letter from Mr. Jenkins, and draft Bill with elaborate notes
1
2
Major-General Sir G. Wol- seley, G.C.M.G,,K.C.B.
June 30, 1875 (No. 143)
Relative to the extradition of criminals escaping
from Natal to the Cape Colony
21
(Rec. Aug. 20)
9
K.C.B.
To Sir H. Barkly, G.C.M.G., Aug. 31, 1875
(No. 84)
Aug. 81, 1875 (No. 85)
Making observations apon Acts-
No. 16. "To amend the law relating to attesting
witnesses."
No. 29. "To further facilitate the apprehension in the Cape of Good Hope of persons who have committed crimes in Natal, Griqua-Land West, the Orange Free State, and the South African Republic"
+
Disapproving the lax principles of extradition em- bodied in the Cape Act No. 29, and directing the Griqua-Land West Government to make pro- vision for extradition upon the model afforded by the Cape Act, No. 19 of 1872
In reply to Sir Garnet Wolseley's despatch No. 149, and requesting that the Attorney-General be called upon for a further Report on a particular case which gave rise to Sir Garnet's inquiry
5
To Governor Sir H. Bul-
Oct.
wer, K.C.M.G.
+, 1875 (No. 140)
24
25
25
··
6
To Law Officers
Oct.
4, 1875
Calling for their Report on certain points in the
Cape Act, No. 29 of 1874
26
·
7
Governor Robinson, C.M.G. Aug. 28, 1875
(No. 104)
(Rec. Oct. 25)
Inclosing copy of a correspondence between the Governments of Western Australia and Queens- land, on the subject of extradition
26
8
Law Officers
Oct. 26, 1875
Report on the Cape Act, No. 29 of 1874`.
34
•
9
To Home Office
Jan. 26, 1876
Forwarding for consideration the papers received from Western Australia and the Cape of Good Hope, and requesting to be favoured with Mr. Secretary Cross's views upon the subject before taking any step in the matter
35
10
Home Office
11
Feb.
4. 1876 In reply to the above incloses a Report from Sir Thomas Henry, Chief Police Magistrate of the metropolis
To the Home Office, India May 20, 1876 Sending copy of the letter to the Treasury. con.
Office, and Board of
veying instructions for the preparation of a Fugitive Offenders' Bill
Printed for the use of the Colonial Office. June 1876.*
CONFIDENTIAL.
35
Trade
12
Board of Trade
18
Home Office
36
May 31, 1876 |
June 3, 1876
Making observations on the above
36
Mr. Cross does not express any decided opinion on the matter, but considers the Bill would be a useful measure if it becomes law
37
14
India Office
July 12, 1876 Submitting certain suggestions to the Bill
97
Correspondence relating to the Proposed Fugitive Offenders
Bill.
PUBLIC RECORD OFFICE
Reference :-
1131 CO. 885
דו!
Sir,
て
No. 1.
Colonial Office to Treasury.
2
Downing Street, February 28, 1876. I AM directed by the Earl of Carnarvon to request that you will instruct the Parliamentary Counsel to prepare a Bill to be introduced into Parliament amending the law relating to the rendition of fugitive offenders escaping from the United Kingdom to one of the Colonies, or from one of the Colonies to any other part of Her Majesty's dominions.
2. The existing law on the subject will be found contained in the Acts of the present 'Reign, 6 and 7 Vic., cap. 34, and 16 and 17 Vic. cap 118.
3. The effect of these Acts is that rendition can only take place in cases of treason and felony, and when the following rules are observed :--
(1). A warrant must have been issued against the offender.
(2). The warrant must be sent to that part of Her Majesty's dominions to which the offender has escaped, to be endorsed (if the place be the United Kingdom) by the Secretary of State, or, if the place be a Colony, by the Chief-Justice or any Judge of Her Majesty's superior Court, whereupon the offender may be brought before some person having authority to examine and commit for trial (§§ 1 and 2..
(3). The Secretary of State or Judge, as the case may be, cannot endorse the warrant until satisfied by oath or affidavit that the seal or signature is the seal or signature of a person having lawful authority to issue such warrant (§ 9).
(4). The warrant must have been issued upon depositions, and there must be such evidence as would justify the committal of the offender for trial.
(5), Sufficient evidence must be forthcoming before the persons authorized to examine and commit to prove the criminality of the offender so far that if the offence had been committed within the jurisdiction he would have been justified in committing him for trial. Besides oral evidence the principal Act permits the Magistrate to receive in evidence the depositions upon which the original warrant issued, provided they are certified under the hand of the person or persons who issued the warrant, and are attested upon the oath of the party producing them to be true copies of the original depositions.
4. Such being the law it has been felt, especially in the case of contiguous groups of Colonies like those in Australia and South Africa, that the facilities at present afforded for obtaining the rendition of offenders are inadequate, and it has been suggested that in amending the law on the subject generally, the opportunity should be taken as far as possible to place such groups of contiguous Colonies, with regard to one another, in the same position in this respect as though they were one Colony or a confederated group of Colonies under one central Government.
5. I am to annex for your perusal copies of recent correspondence as noted in the margin* which will explain the desirableness of an amendment of the law and the neces- sity for the intervention of the Imperial Legislature.
•
Griqua-Land West, Ord. 4 of 1874 ; Cape Act, No. 29 of 1874; Lord Carnarvon to the Governor of the Cape, No. 84, August 31, 1875; No. 85, August 31, 1875; Lieutenant-Governor of Natal to Lord Carnarvon,
(559)
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LONDON
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