CO885-(10-11) — Page 314

11942.

PUBLIC RECORD OFFICE

Reference :-

C.O. 885

بناك

No. 260.

(MAURITIUS.)

LAW OFFICERS to FOREIGN OFFICE.

-

d'Auvergue Jan.

19.

To Prince de în Tour d'Anvergaa

Lincoln's Inn, August 3, 1864. MY LORD,

We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 22nd instant, stating that he was directed by your Lordship to transmit to us the accompanying correspondence on the subject of an application from the French Frince de la Tour Ambassador at this court for the extradition to the French authorities at Réunion of co. Jan.zo. Edouard Dulac, a fraudulent bankrupt, who has taken refuge in the Mauritius; that the s Colonial letter of the 21st instant and its enclosures show the difficulty which has Jord prevented the Governor of Mauritius from complying with the request of the French From 0. July Ambassador in this matter, and the course which the Secretary of State proposes to pursue in order to meet the present and any similar cases which may arise, and Mr. Hammond was to request that we would take these papers into consideration and furnish your Lordship with our opinion as to the propriety of concurring in the measures proposed.

In obedience to your Lordship's commands we have taken these papers into considera- tion, and have the honour to

Report

That we are of opinion that the more expedient course would be that suggested by the Procureur General, namely, a mutual extension of the Extradition Treaty between France and England, so as to authorize such extradition to be made upon warrants properly issued by competent courts or magistrates in the Colonies and foreign pos- sessions of both countries.

It would not, in our opinion, be expedient to attempt to cure the defects of the general treaty by local legislation in any particular British Colonies or Colony; for it is to be observed that while by the treaty and Act of Parliament it is necessary that there should be a warrant, &c. "issued by a judge or competent magistrate in France' to enable any British authority to deliver up any offender amenable to French jurisdic- tion; on the other hand, an offender amenable to British jurisdiction can only be demanded from French authorities "after the production of a warrant of arrest, &c.

issued by a judge or other competent authority in Great Britain."

There is, therefore, under the treaty, as it stands, complete reciprocity, and we do not think it can be amended by any merely Colonial legislation (See 6 Hertelet, p. 345). With respect to the particular offence of "fraudulent bankruptcy," the Law Officers have before had occasion to point out that in order to make the treaty or the statute operative in this respect there must be, in the British territory where it may be sought to be put in force, some law in force under which the facts alleged as constituting such fraudulent bankruptcy would amount to a crime or misdemeanor, punishable by that law if the same acts had been there done.

We have, &c.

(Signed)

ROUNDELL PALMER.

R. P. COLLIER, ROBERT PHILLIMORE.

The Earl Russell, K.G.

&c.

&c.

* 16278.-545. 25.-3/86.

PUBLIC RECORD OFFICE, LONDON

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