CO885-(11-13) — Page 490

7814.

No. 227.

(NEW SOUTH WALES.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

We were honoured with your Lordship's commands, signified in Mr. Herbert's

Temple, 26th May 1880. letter of the 14th instant, stating that he was directed by your Lordship to transmit to us an extract of a despatch from the Officer Administering the Government of New South Wales, bringing under consideration a question which had arisen in that Colony, whether, in the case of a fugitive criminal from a Colony of a foreign State, the requisition for surrender could only be made by the Governor of such Colony under the terms of sub-section 1 of section 17 of the Extradition Act, 1870, and he was to request that we would favour your Lordship with our opinion upon the subject.

He was to add that this question was submitted for the opinion of the late Law Officers in a letter from your Department dated the 9th of October 1879, and the papers were returned by them upon the 5th instant without report,

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

Report

That we are of opinion that in the case of a fugitive criminal from a Colony of a foreign State the requisition for surrender may be made by the consul-general, consul, vice-consul, or by the Governor of the Colony from which the fugitive has escaped.

We read sub-section 1 of 33 & 34 Vict. o. 52. s. 17. as giving power in all cases, including the one in question, to the consul-general, consul, and vice-consul to make the requisition. There is a power given by way of addition, and not of substitution, to the Governor of the Colony from which a fugitive has escaped.

We therefore are of opinion that the fugitive oriminal has been rightly surrendered in this case.

We have, &c., (Signed) HENRY JAMES.

The Right Hon. the Earl of Kimberley,

&c.

&c.

&c.

▲ 19916.-915. 28.—19/64,

FARRER HERSCHELL,

PUBLIC RECORD OFFICE

Reference :-

། །

CO.

885

12 PUBLIC RECORD OFFICE, LONDON

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