CO885-(10-11) — Page 445

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10672.

SIB,

No. 365.

(AUSTRALIA.)

LAW OFFICERS to COLONIAL OFFICE.

Lincoln's Inn, November 2, 1865.

We are honoured with your commands signified in Mr. Elliot's letter of the 24th August 1865, stating that he was directed by you to inform us that it has been suggested to you by the Governors of the Australian Colonies" that the contiguity of "the Australian Colonies to each other facilitated the escape of offenders, and that justice was liable to be defeated owing to the insufficient power of the several "Australian Colonies to enact laws providing for such cases," and that it was further agreed "that an earnest request should be made (to the Home Government) to obtain the enactment by the Imperial Parliament of a law extending to misdemeanours and offences summarily punishable (under) the provisions of the Acts 6 & 7 Vict. "c. 34. and 16 & 17 Vict. c. 118.," by which power is given for the apprehension of offenders in the Colonies escaping into the United Kingdom; and to request that we would consider and report to you whether, in our opinion, the required provisions may not be made in concert by the different Colonial Legislatures without the intervention of Parliament, and if this should not be the case, whether there is sufficient reason for resorting to Imperial legislation.

In obedience to your commands, we have taken this matter into consideration, and have the honour to

Report

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That the law of extradition of criminals charged with offences as between the different parts of the British Empire (under 6 & 7 Vict. c. 34. and 16 & 17 Vict. c. 118.) seems to have been designedly limited to cases of felony; and if that limita- tion is intended to be generally maintained, it does not seem to us expedient that it should be relaxed by Imperial legislation as to the Australian Colonies in particular.

It is competent, wo think, for the Legislatures of the different Australian Colonies, by mutual concert, to pass laws, not indeed for the trial of misdemeanours committed in other parts of Her Majesty's Dominions, but for the delivery over for trial by the proper jurisdiction of persons charged with such offences who may be found within their own limits; and we think it should be left to them to do so, if their peculiar local circumstances render it expedient.

The Right Hon. Edward Cardwell, M.P.

&c.

&c.

&c.

We have, &c. (Signed) ROUNDELLI, PALMER,

R. P. COLLIER.

o 16278.473.

25.-2 SA.

PUBLIC RECORD OFFICE

Reference :-

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C.O.

885

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ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

PUBLIC RECORD OFFICE, LONDON

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