CO885(3-4) — Page 211

10

lawful custody on a criminal charge, as extraditable offences in Clause 11. The words "or suspected of being in" should be omitted. If intended to provide against mistakes of identity, the intent is not ex- pressed. These should be provided for by a distinct clause. Section 3. Substitute words "if satisfied "that such warrant is duly authenticated" for "if "satisfied that the warrant was lawfully issued," as the latter would involve inquiry. Section 4. The enactment as to a provisional warrant is necessary. Persons who have acted under a cancelled, warrant will require protection. Section 5. No objection to provision that one justice should have the of

power committing to prison. The words "or the offender convicted should be omitted if the words "or convicted" are omitted from Section 2 as suggested. The words from "subject" in line 24 down to "magistrate" in line 28, appear to be repugnant to section 11, as, if the offence were unknown to the law of his own jurisdiction, the magistrate would be unable to commit. If Section 11 is left as at present, Section 5 should be carefully revised, and provision made for proof of a foreign law, if necessary. Query, whether law of England should anywhere be treated as foreign law. Section 8. Only fair that the cost of returning offenders to the colony should be borne by the colony, and for this the Assembly would have to make provision in the usual way. Sec- tion 9. No official seals used in colony, only a public seal, kept and used by the Governor. "Official seal" should be defined to include any seal_used by the Governor, or by the direction of the Governor, for the authentication of public instruments within a colony. Section 11. Piracy (jure gentium), being an offence committed outside all local jurisdiction, requires to be dealt with separately. Section 19 appears to provide sufficiently for the removal of pirates to the most convenient place of trial. Suggests omission of word "piracy," and addition of "prison preach," "escape from prison," and " escape from lawful custody on a criminal charge." Paragraph 2 appears to conflict with Section 5 (see note on that section.) The words "or is suspected of being) should be omitted. See Section 2. Section 12 is necessary.

Section 14. No objection to this section. Her Majesty would only be advised to apply it to groups of colonies after consultation with the possessions intended to be included. Sections 15 and 16. It would seem to be necessary to have provision similar to Sections 7 and 8, as regards offenders apprehended under this part. Section 17 should be more definite, and might be expressed to apply to cases where property has been unlawfully taken or obtained in such a manner as to be punishable on an indictment as an offence under Section 11. As to the necessity of a general enactment with respect to offences begun in one colony and completed in another, thinks it would suffice if, at present, the part of the Bill proposed were now allowed to become law. Section 23 should be expressly declared to extend to depositions taken for other purposes than the Act in question. Query, whether this should be a general enactment. Section 28. Term " Superior Court" would ordinarily mean "Supreme Court,"

"

て

Fiji Islands,

Gibraltar.

11

but definition given might be held to mean the Court of Appeal. The word "original," inserted between the words "chief" and "criminal," would distinguish between them. Section 29. Bill does not provide for repeal of Acts now in force. In the colony the law includes all indictable misdemeanors, whereas the Bill only applies to those punishable in a certain way. Act would be more complete if it expressly repealed the existing colonial statutes.

Section 8. Provisions regarding return of offender are not sufficiently definite. Discretionary power should be vested in Court to say whether in cases of acquittal the expense of returning the accused to the place of arrest should not be borne by the Crown. Section 11. Class of offenders appears too large. The classes of felonies and indictable misdemeanors, as known to the English law, would include all offences of sufficient importance. The provisions contained in Section 12 should be retained. Sec.

"

occurs,

tion 16 should contain similar provision to Section 12, vesting in magistrate power to discharge the accused. This would be more necessary if provisions of Sec- tion 11 be retained in their entirety. In Clause 3, and all other clauses where the expression "if satisfied that the warrant was lawfully issued'

it would be preferable to retain expression in 6 & 7 Vict., c. 34, sec. 2, viz., a "warrant issued by any person or persons having lawful authority to issue the "same."

Clause 4. It should be made sufficiently clear upon what evidence a magistrate may act; section should be made more definite, would propose to stop at words in second line, "of a fugitive offender;" and in another section point out what evidence may be accepted as ground of issue, as in Section 9. Power of issuing provisional warrant is given to a magistrate, should only be imposed on Superior Judges, with Governor's power of cancelling. Clause 5. Words "to await his return" (line 29), seem rather vague. Clause 15. Power to subpoena witnesses in a criminal case might be productive of great hardship, if not jealously guarded. Clause 16. Evidence" on oath" (line 35), it would be better to leave committing magistrate upon same footing as endorsing magistrate, viz., permitting him to satisfy himself that the warrant has been issued by a lawful authority.

The Act is one which was much wanted, and which promises to be very efficient to meet several cases not heretofore provided for.

PUBLIC RECORD OFFICE

Reference :-

CO. 885

4 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO