Sir,
36
Inclosure in No. 10.
Police Court, Bow Street, January 29, 1876. WITH reference to your letter 40,034, I am of opinion that the amendments pro- posed by the Earl of Carnarvon may be agreed to; it would be useful to extend the Acts of 6 and 7 Viet., cap. 34, and 16 and 17 Vict, cap. 118, so as to include "mis- demeanors," as well as " felonies," and the power to "back" warrants should be given to any Justice of the Peace, as in the 11th section of Jervis's Act.
If an amending Bill should be introduced, I would suggest that section 4 of 6 and 7 Vict., cap. 34, be amended by striking out the words “and attested upon the oath of the party producing them to be true copies of the original depositions."
It has frequently happened that a constable from the Colonies has been unable to give that proof; depositions ought to be receivable in Colonial cases as they are in foreign extradition cases, under the 14th and 15th sections of the Extradition Act of 1870; and these provisions should also be made applicable to the proof of Colonial warrants, instead of the provisions of the 9th section of 6 and 7 Viet., cap. 34.
I am, &c.
Sir H. S. Ibbetson, Bart.,
&c. &c. &c.
No. 11.
(Signed)
THOMAS HENRY.
Sir,
37
No. 13.
Home Office to Colonial Office.
Whitehall, June 3, 1876.
I AM directed by Mr. Secretary Cross to acknowledge the receipt of your letter of the 20th ultimo,* forwarding a copy of a letter to the Treasury, conveying the instructions of the Secretary of State for the Colonies, for the preparation by the Parliamentary Counsel of a Bill to be introduced into Parliament for amending the law relating to the Tondition 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; together with a copy of a Bill as prepared, and a copy of Mr. Jenkyns' notes thereon.
In reply, I am to acquaint you, for the information of the Earl of Carnarvon, that the Secretary of State has considered this Bill, and thinks that it would be a useful measure if it becomes law.
The only observation he finds occasion to make respecting it, is with reference to clause 12, as it occurs to him that it would be worthy of further consideration whether that clause might not give rise to frivolous applications to the Superior Court, and so be better omitted.
Mr. Cross does not, however, express any decided opinion on this matter, but merely offers the observation as a suggestion for Lord Carnarvon's consideration.
て
I am, &c. (Signed)
A. F. O. LIDDELL.
Colonial Office to Home Office.*
Downing Street, May 20, 1876. Sir,
I AM directed by the Earl of Carnarvon to transmit to you, for any observations which Mr. Secretary Cross may have to offer, a copy of a letter from this Department to the Treasury,t conveying instructions for the preparation by the Parliamentary Counsel of 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; together with a copy of the Bill as prepared, and a copy of Mr. Jenkyns' notes thereon.
I am, &c. (Signed)
No. 12.
Board of Trade to Colonial Office.
W. R. MALCOLM.
Sir,
I AM directed by the Board of Trade to acknowledge the receipt of your letter of the 20th instant, inclosing a copy of the Fugitive Offenders Bill, and asking for observations.
Board of Trade, Whitehall Gardens, May 31, 1876.
The Board of Trade presume that the Bill will not in any way interfere with the various existing enactments which now provide for the arrest, trial, and punishment of persons on board of, or belonging to, British ships; and if they are right in this presump- tion, they have no objection to make to the present Bill. The only suggestion which occurs to them is, that it might be better, as a matter of drawing, in clause 21 to ropeat the provisions of the 268th section of the Merchant Shipping Act, instead of incorporating it by reference. And they desire to observe, further, on this section, that as it stands it may be doubtful whether the expense of conveying offenders under the present Bill might not be thrown on the Vote for distressed British scamen, a course which is probably not intended, and to which there are clearly objections.
I have, &c.
(Signed)
T. H. FARRER.
* Similar letters were sent to the India Office and Board of Trade. † No. 1.
1 No. 11.
No. 14.
India Office to Colonial Office.
Sir,
India Office, July 12, 1876. I AM directed by the Secretary of State for India in Council to acknowledge the receipt of Mr. Malcolm's letter of the 20th May,* on the subject of a Bill to be intro- duced 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 Earl of Carnarvon having invited the observations of the Marquis of Salisbury on the Bill, I am directed to submit the following remarks, premising that his Lordship only regards the measure as it may affect India, and does not propose to subject it to any general examination.
3. In Section XI, treasons, felonies, and misdemeanours are mentioned, which are terms unknown in India. The process of applying the Act to India, by a declara- tory Order in Council under the last clause of this section, does not appear free from objection, and the Marquis of Salisbury would prefer that the section should be so worded as expressly to include offences under the Indian Penal Code punishable with not less than "rigorous imprisonment" for six months.
4. Section XIII. Some of the functions imposed by the Bill on "Governors" seem to the Secretary of State for India in Council to be little suited to Indian autho- rities bearing that title. He considers that a Secretary to any Indian Government might be allowed by this section to execute powers.
5. Section XXVIII. Definitions. The expression "Governor."-In the words referring to India, "Lieutenant-Governor" should be introduced, or else the duty will be imposed upon the Governor-General of backing warrants in North-Western
India.
6. Section XXVIII. Definitions. "Superior Court."The definition in the 25th and 26th lines (clause 4) is not suitable to India. There is no one Court in India having the chief criminal jurisdiction, but several Courts with co-ordinate powers. In the Presidencies of Bengal, Madras, Bombay, and the North-West Provinces, there are High Courts; in the Punjab there is a Chief Court; and in British Burmah there is the Court of the Recorder of Rangoon.
7. To meet the case of a man convicted at Bombay of an offence committed at Indore or Zanzibar, the Marquis of Salisbury would suggest that in Section II, after
• No. 11.
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