CO885(3-4) — Page 210

New South Wales.

Victoria.

Queensland.

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returning fugitives when witnesses are in Siam in cases triable by the Consul. Paragraph 2 of sec- tion 268 of Merchant Shipping Act, 1854, should be amended to give power to Colonial Governments to send on in British ships accused persons sent to a colony by a Consul for trial in England. Pro- visions should be added in Part II. similar to those in Sections 7 and 8, and as to expenses, how they are to be dealt with. Section 8. Persons should be sent to final destination, Word "shall" to be substituted for" if he think fit may," in line 22, page 11. Pro- 'visions of sections 17 should be made universal, unless colony grouped with others as above. Section 1, line 10, page 9, after words "of being in," add “or "of being on the way to," to cover cases of fugitives being on board ship. Suggests addition of paragraph in Section 4, to the effect that the production of a telegram shall be sufficient authority for magistrate to issue provisional warrant. Section 5. Add similar provision to that in paragraph 1 of Imperial Extra- dition Act, 1870, as an introduction to the provision in Section 12. Bill does not prescribe how and by what authority requisitions for rendition are to be made at the place from which offender escapes. At end of Section 6, add words "or by any of them," and in section 14, line 8, the words "this part of" after words "to direct that." Section 23. After the words "false swearing," add " or giving, fabricating, or using false evidence, or falsely personating "another person." This would meet requirements of Indian Penal Code as in force in the Colony.

Note of Sir A. Stephen, fully discussing the ques- tion, and enclosing draft of a Bill which he has pre- pared, with a paper of reasons for the variations which be recommends from the Colonial Office Draft Bill. Copy annexed. Attorney-General agrees with Sir A. Stephen's views. Highly desirable there should be uniformity of procedure throughout the colonies, whether contiguous or otherwise. Proposed plan of leaving legislation to the Sovereign by Order in Council is objectionable in the case of any but. Crown Colonies. 18th section of Sir A. Stephen's draft is most valuable, as, in its absence, a miscarriage of justice might take place.

Bill does not go far enough to meet difficulties which, in practice, have been experienced. Encloses draft of clauses proposed to be embodied in the Bill. Proposes to dispense with any investigation other than the question of identification in the place where the fugitive person is arrested, and to secure his rendition to the place whence the warrant was issued without the intervention of a Court of Justice.

Powers of Part II, may be used so as to inflict great and unnecessary hardships, unless limited by some provisions analogous to Sections 7, 8, and 12. Section 16. Person arrested under an endorsed warrant should not be brought before any justice who is not a police magistrate. Discretionary power to admit to bail should be given to justice or police magistrate. Power of arresting witnesses, and

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Tasmania.

Touth Australia.}

Western Australia.

New Zealand.

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forwarding them to other colonies, open to grave abuse, unless fenced with additional safeguards. Unjust to arrest a witness, except after disobedience to a lawful summons or subpoena. In case of witnesses, power to grant bail is absolutely neces- sary. Part II. should be limited by the Act itself to all indictable offences, all offences against revenue laws in which a penalty of 1007. may be inflicted, and the desertion of wives or children.

Some pro- vision should be made for the recovery of stolen property, in the power to issue search warrants, &c. Provisions of Section 17 should be made general, and supplemented by provisions analogous to those of 7 Geo. 4. cap. 64., Sections 12 and 13, but adapted to groups of contiguous colonies. Definition of " depo- sition" in Section 28 would not include affidavits in civil cases. Desirable that provisions, similar to those of Part II., should be enacted with reference to absconding debtors, whether already adjudged in- solvent or not. At present no redress, unless absconder has committed an offence against insol- vency laws.

No reply received to circular.

Section 8. Attorney-General considers that Im. perial Parliament would have been chary of autho- rising governors to expend colonial funds. (N.B.- Governor does not attach much importance to this objection.) Section 11 suggests insertion of the words "or information" in line 3, after word "indict. ment," to meet case of the colony, as all offences are prosecuted by information. Section 17 should be made general. Referring to Mr. Jenkyn's note as to the case of murder, remarks that by 23 & 24 Vic., cap. 122, the Legislatures of Her Majesty's Posses sions are empowered to make Ordinances enacting to the like effect as in provisions of section 8 of 9 Geo. 4th, cap. 31. The local Ordinance 29 Vic., No. 5, adopts, with the exception of 3rd, 11th, and 48th sections of cap. 100, the six several Acts therein mentioned, among which is Imperial Act 24 & 25 Vic., cap. 94, and directs that the same shall "be applied in the administration of justice in like "manner as in England, so far as the provisions of "the same are within the scope and power of colonial legislation, and can be applied to the circumstances "of the colony." The 10th clause of Imperial Act 24 & 25 Vic., cap. 94, so adopted by Colonial Act 29 Vic., No. 5, is taken from 9th Ġeo. 4, cap. 31, sec. 8. The adoption of that clause was, under the provisions of 23 & 24 Vic., cap. 122, "within the scope and power of the colonial legislature," and therefore may "be applied in the administration "of justice in like manner as in England," notwith- standing the use of the word " England or Ireland" in the said 10th clause. Section 12 is of importance, and should be retained for the reasons set forth in the note thereon.

Section 2. Omit words "or convicted," they create some difficulty in construction of section 5. Purpose would be better answered by specifying, (1) prison breach; (2) escape from prison, and (3) escape from

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PUBLIC RECORD OFFICE

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