CO885(3-4) — Page 208

St. Lucia.

Leeward Islands.

Sierra Leone,

Gambia

Gold Coast.

Cape of Good Hope.

Clause 11. The words "misdemeanor," "indict- table," "hard labour," have their usual legal signi- fication in the colony. Clause 12. Suggests that no capias should issue against a "returned " offender until he has been afforded a reasonable time to leave after his discharge, if innocent of the crime of which he was accused. Second part of Act will be particularly valuable.

Appears to be unobjectionable, and no occasion to make any special observations respecting any of its provisions.

Part II. should be made applicable to West African Settlements and Gold Coast by reason of their con- tiguity. Some provisions like Clauses 7 and 8 should be inserted in Part II. as suggested in note to Clauses 15 and 16. Note to Clause 17 worthy serious consideration. Ordinance has already been passed for punishment of homicide commenced within and completed beyond the settlement.

No remarks to offer.

Clause 12. Proviso should be added somewhat similar to Section 11. of the Extradition Act, 1870. Magistrate making commitment should inform offender he has a right to apply to a Superior Court. Considers that Magistrate should be satisfied that there are not only grounds for the issue of a war- rant, but also a prima facie case for commitment. Also that provisions similar to Clauses 7 and 8 are required. Clause 10. No provision as to expenses of return of an offender from one colony to another or from the United Kingdom to a colony. Clause 17 should be transferred to first part of the Bill. Query whether similar provisions to 9th section of 24 & 25 Vic., cap. 100 might not be extended to some of the distant colonies. Clause 23. Query, advisable to add words expressive of its application to depositions for all purposes.

Clause 3. List of persons authorized to endorse warrants should be enlarged, to include district magistrates who have both civil and criminal juris- diction. Clause 5. Word "committal" is somewhat ambiguous; query, committal for trial only intended. Clause 6. Same remark as Clause 3; even a judge of a superior court is omitted. Clause 7. Same remarks as on Clauses 3, 5, and 6. Clause 8. Unadvisable to prevent a returned person from being tried upon Clause 9. Concluding words, all any charge. ministers should be authorized and Attorney-General should be specially mentioned, Clause 11. Terms "felony " and "misdemeanor" unknown in colony; "hard labour" is applicable, but "penal servitude not; last para.would meet circumstances of the colony. In favour of Clause 12 standing. Clause 14. No necessity for distinction between between isolated colonies and groups of colonies. Provision as to witnesses should be extended to a mere summons to a witness; giving summonses issued in one colony and backed in other, same effect as if issued in that other. Persons disobeying to be punished in colony

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Griqualand, West.

-Natal.

St. Helena,

Gibraltar.

Malta. Holigoland. Ceylon.

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5

in which served. Clause 15. Provision should be made for returu of arrested persons without being necessarily brought before a magistrate in colony of arrest. Clause 16. See remarks on Clause 15. Re- commends words "on oath" to be omitted. Agrees with notes on Clause 3. Words "under seal" to be omitted, warrants are not sealed in colony. Clause 17. The words "otherwise unlawfully taken or obtained" might apply to taking property which would only subject the person to a civil action; query, is this intended? The enactment should be more general, and apply to all offences begun in one colony and completed in another. This is preferable to giving colonial legislatures power to legislate. Enactment should be universal, and not apply to particular colonies. Clause 18. Recommends that an endorsed warrant may be executed by other than a regular constable for purposes of identification. Clause 19. After word "for" in third line, suggests insertion of "or in respect, of," word "it" would apply to one offence. Clause 28. Query, any special legislation in consequence of decision in Franconia case;

if not,

in defining "British possession" the matter might be considered. Bill would not of itself repeal any Colonial Act, so if any to be repealed, they should be expressly mentioned.

Does not send a report, as he considers it only applies to responsible Government colonies. Has referred it to Recorder and Attorney General in connection with Extradition Ordinance now passing.

Section 11. Law of colony differs from law of United Kingdom. Would be necessary to pass Order in Council declaring what offences shall be deemed to be within the meaning of this section, and encloses a schedule of offences for this purpose. Clause 17 should make provision for case of murder where the blow is committed in one colony and death takes place in another; also for thefts in a conveyance passing from one territory to another; also for punishment in Natal, where offender, is in Natal, for crimes committed out of Natal by persons not British subjects, or of persons having been tem- porarily resident in Natal.

No observations to offer.

Reply subsequently received. See end.

No reply received.

Sect. 5. No court or tribunal where two or more justice sit together. Section 11. Words "felony and "misdemeanor unknown in colony. Convic-

tion in any case does not result in forfeiture of land or goods. Suggests substitution of words "crime or offence," and, after the word "indictment," the words " by death or" be inserted. Limit of six months too short-one year should be the criterion. Sect. 17 should be placed in Part I. Ceylon cannot be grouped with other colonies, but might be ass()- ciated with India, as it is very desirable to make procedure uniform in both countries.

A 103.

B

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PUBLIC RECORD OFFICE

Reference :-

CO. 885

4 PUBLIC RECORD OFFICE, LONDON

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