CO885(3-4) — Page 167

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nically under the authority of the Secretary of State. This clause, therefore; is so drawn as to give concurrent jurisdiction to the chief secretary of the Lord Lieutenant and to the Secretary of State.

[39 VICT.]

Fugitive Offenders.

PART II.

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A.D. 1876.

INTER-COLONIAL BACKING OF WARRANTS AND OFFENCES.

Application of part of Act.

14. This part of this Act shall apply only to those groups of Application

of part of

5 British possessions to which, by reason of their contiguity or other Act.

wise, it may seem expedient to Her Majesty to apply the same.

It shall be lawful for Her Majesty from time to time by Order in Council to direct that this Act shall apply to the group of British possessions mentioned in the Order, and by the same or any sub- 10 sequent Order to except certain offences from the application of this part of this Act, and to render the application of this part of this Act subject to such further conditions, exceptions, and qualifi- cations as may be deemed expedient.

Backing of Warrants.

PUBLIC RECORD

OFFICE

Reference :-

C.O. 885

4

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

Note to clauses 15 and 16.

These clauses will be in force only when applied to a British possession by Order in Council.

If they are applied without limitation they will allow warrants to be backed, as in the case of England and Ireland, and will thus allow the apprehension in one colony both of a person charged with any sort of offence however trivial in another, and of a witness in the case of any such offence absconding from another colony.

Power however is given to the Queen in Council in applying the Act to except offences or otherwise limit its operation.

The provision as to the endorsing magistrate being satisfied on oath of the proper issuing of the warrant is in accordance with the English law, see note on clause 3.

There is a question whether the endorsement should authorize the offender to be brought before the magistrate who endorses or the magistrate who issues the warrant. In the case of the United Kingdom, the section (11 & 12 Vict., c. 42, s. 12) directs the prisoner to be brought under the endorsement before the magistrate issuing the warrant, but the form of endorsement in the schedule to the Act directs him to be brought before the magistrate endorsing the warrant. There is some advantage in the latter course, as it gives opportunities to the person arrested to disprove his identity, or to object to the legality of the warrant, without undergoing the hardship of being taken off to auother colony.

The clause, therefore, provides that he shall be brought before a magistrate in the place where the warrant is endorsed.

It may be a question whether some provisions like clauses 7 and 8 are not required. Under Jervia's Acts a warrant to bring a witness before a magistrate can, where the prisoner is charged with an indictable offence, be issued only against a witness for the prosecution; but where he is charged with an offence punishable on summary convic- tion, can be issued against witnesses for both the prosecution and defence.

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15. Where a person against whom such a warrant as hereinafter Backing in mentioned has been issued in a British possession of a group to which

possession this part of this Act applies is or is suspected of being in any other of warrant British possession of the same group, any magistrate in the last- another. mentioned possession, if satisfied that the warrant was lawfully issued,

one British

issued in

20 may endorse such warrant in manner provided by this Act, and the warrant so endorsed shall be a sufficient authority to apprehend, within the jurisdiction of the endorsing magistrate, the person named in the warrant, and bring him before a magistrate.

A warrant for the purposes of this section means a warrant for

25 the apprehension of a person accused or convicted of any offence punishable by the law of the British possession in which the warrant is issued, or for bringing before a magistrate or court a person to testify on behalf of the prosecutor or defendant, on a charge of any such offence, what he knows concerning the matter of such 30 charge.

16. When a person has been apprehended under a warrant Return of endorsed in pursuance of this part of this Act, he shall be brought prisoner

apprehended before the magistrate endorsing the same, or some other magistrate under backed in the same British possession, and such magistrate, if satisfied on

35 oath that the warrant has been lawfully issued, and that the prisoner is the person named or otherwise described in it, may, by warrant under his hand and scal, authorise the return of such prisoner to the British possession in which the warrant was issued, and the persons to whom such' warrant is addressed may hold in custody, and convey the

warrant.