CO885-(11-13) — Page 279

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PUBLIC RECORD OFFICE

CO.

Reference :-

885

MY LORD,

No. 57.

(NEW ZEALAND.)

LAW OFFICERS to COLONIAL OFFICE.

Lincoln's Inn, 7th May 1875. We are honoured with your Lordship's commands, signified in Mr. Malcolm's letter of the 22nd April ultimo, stating that he was directed by your Lordship to transmit to us the enclosed copy of a reserved Bill passed by the Legislature of New Reserved Zealand, "To provide for the surrender of fugitive criminals."

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2. That the Bill, which would be submitted for the confirmation of the Queen at the next Council, recites section 18 of "The Extradition Act, 1870," and section 1 of The Extradition Act, 1873," and proceeds to enact that the provisions of the Imperial Extradition Acts of 1870 and 1873 shall be in force and applied in New Zealand subject to the modifications and alterations therein-after contained.

..

That by section 18 of The Extradition Act, 1870," it is enacted that if by any law made after the passing of the said Act by the Legislature of any British Possession provision is made for carrying into effect within such Possession the surrender of fugitive criminals who were in, or suspected of being in, such British Possession, her Majesty might, by the Order in Council applying the said Act in the case of any Foreign State or by any subsequent Order either-

Suspend the operation within any such British Possession of the said Act, or of any part thereof, so far as it related to such Foreign State, and so long as such law continued in force there and no longer;

Or direct that such Law or Ordinance, or any part thereof, should have effect in such British Possession, with or without modifications and alterations, as if it were part of the Act.

3. That section 27 of the same Act provided in effect that, as regards the Foreign States therein specified by reference to the Third Schedule, the Act should apply in the same manner as if an Order in Council had been made applying the Act to such States.

4. That by section 1 of The Extradition, Act, 1873," it was enacted that that Act should be construed as one with "The Extradition Act, 1870," and that the said

Acts might be cited together as "The Extradition Acts, 1870 and 1873."

5. That in consequence of the passing of the Bill of the Legislature of New Zealand above mentioned, a draft Order in Council had been framed in your Lordship's Department, under section 18 of "The Extradition Act, 1870," directing that the said Colonial Law should have effect in the Colony of New Zealand as if it were part of The Extradition Act, 1870." That as this is the first case which had arisen under section 18 of that Act, your Lordship would be glad to receive our opinion as to whether an Order in Conncil framed in accordance with the draft enclosed would be effectual for its purpose.

"

In obedience to your Lordship's commands we have the honour to

Report

That we think an Order in Council framed in accordance with the draft submitted to us would be effectual for the purpose proposed.

The Right Hon. the Earl of Carnarvon,

We have, &c.,

(Signed) RICHARD BAGGALLAY.

JOHN HOLKER.

Bill No. 43 of 1871.

&c.

&c.

&c.

▲ 12916-56. 25.-12/84.

12 PUBLIC RECORD OFFICE, LONDON

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

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