CO885-(11-13) — Page 432

16,434.

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PUBLIC RECORD

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OFFICE

CO.

Reference :-

885

SIR,

No. 187.

(MALTA.)

LAW OFFICERS to COLONIAL OFFICE.

We were honoured with your commands, signified in Mr. Herbert's letter of the

Temple, 19th December 1878. 6th of December instant, stating that he was directed by you to transmit to us the accompanying copies of a Confidential Despatch from the Governor of Malta dated the 28th of November last, and of a memorandum addressed to the Governor by the Crown Advocate relating to the extradition of M. Lavonte, a Frenchman who had been com- mitted to prison by the Court of Judicial Police in Malta, with a view to his surrender under the Extradition Act, 1870, to the French Government on a requisition made by the Acting French Consul.

That we would perceive from these documents that Lavonte was, by Cour d'Assises at Constantina in Algeria, sentenced in contumacid to 20 years hard labour for the extra- dition crime of which he was accused; that the sentence was produced to the Court in Malta; that other evidence was produced which satisfied the Court that there was sufficient ground for committal of the prisoner for trial if the crime had been committed in Malta; and that no warrant for apprehension or arrest issued by any French Tribunal was produced, but that the Court considered the production of such a warrant unne- cessary, being of opinion that the sentence of the Cour d'Assises was sufficient to answer the requirement of the Statute.

That he was to request that we would favour you with our opinion upon the following questions :—

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1. Whether, having regard to the definition of the term "warrant foreign State, contained in the 26th section of the Extradition Act, 1870, the sentence of in the case of a 20 years hard labour issued in contumacia by the Cour d'Assises in Algeria, is a foreign warrant authorising the “arrest of the same Act?

of Lavonte within the meaning of the 10th section

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2. If the sentence is not such a warrant as is required by the Act, what course ought the Governor of Malta to pursue in reference to the surrender or discharge of Lavonte ?

Mr. Herbert was to add that, as the man had been in prison since the 27th ultimo, you would be glad to be favoured with our early opinion upon the above questions.

In obedience to your commands we have the honour to

Report

That we do not understand from these papers that any document whatever is put forward as authorising, according to French law, the arrest of the accused person, but that the mere fact (how ascertained does not appear) of his having been sentenced in his absence to 20 years hard labour is relied on as dispensing with any judicial document as authorising his arrest. We are unable to concur in this view. We think the language of the 10th section implies that some warrant, enlarged as that term is by the interpreta- tion clause, must be in existence authorising the arrest of the accused.

If there is any judicial document, duly authenticated, which according to French law would authorise the arrest, we think the accused ought to be surrendered.

The Right Hon. Sir Michael Hicks Beach,

&c.

&c.

&c.

We are, &c.,

(Signed) JOHN HOLKER.

HARDINGE S. GIFFARD.

A 12916.-181, 25.--12/84.

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