CO885(3-4) — Page 161

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person back to oppress a person who is innocent, or, at any rate, guilty of a very trivial offence.

For the same reasons, no doubt, the control over the return of the offender was given in the United Kingdom to a Secretary of State, and in a colony to a governor.

In some old cases it was decided that there was power to arrest in England and hand over to the proper authorities, under a Secretary of State's warrant, a person accused of crime,committed out of England; but these cases must, I presume, no longer be con- sidered as law, having regard to the legislative enactments re- specting extradition with foreign States and to 6 & 7 Vict. c. 34, respecting fugitive offenders from the colonies.

The above objections to the extension to the colonies of the system of backing warrants does not apply with the same force as between colonies which are conterminous, or nearly conterminous, like those of Australasia or the Cape. Part Two of this Bill has therefore been drawn to allow of the extension of the system to such colonies.

The Bill requires to be carefully settled, but seems to be free from any great difficulty. I beg to suggest that the Bill should be submitted to the Home Office, the India Office, and the Board of Trade, and should finally be settled by the law officers.

30th March, 1876.

H. JENKYNS.

Clauses.

1. Short title.

Fugitive Offenders Bill.

ARRANGEMENT OF CLAUSES.

h

PART I.

RETURN OF FUGITIVE Offenders.

2. Liability of fugitive offender to be apprehended and returned.

3. Endorsing of warrant for apprehension of fugitive offender.

4. Provisional warrant for apprehension of fugitive offender.

5. Dealing with fugitive offender when apprehended.

6. Return of fugitive offender by warrant.

7. Discharge of persons apprehended if not returned within two

months.

8. Sending back persons apprehended if acquitted, or if not

indicted within six months.

9. Depositions to be evidence and authentication of depositions

and warrants.

10. Expense of return of offenders to United Kingdom.

11. Offences to which this part of this Act applies.

12. Powers of superior court to discharge offender when case

frivolous or return unjust.

13. Application of Act to Ireland.

PART II.

INTER-COLONIAL BACKING OF WARRANTS ANnd Offences.

Application of part of Act.

14. Application of part of Act.

Backing of Warrants.

15. Backing in one British possession of warrant issued in another. 16. Return of prisoner apprehended under backed warrant.

PUBLIC RECORD OFFICE

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Reference :-

PURUS 3 CO. 885

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