CO885-(13-15) — Page 135

18,700.

vests,

R. E. W. E. C.

FORM OF PROCLAMATION of an ANNEXATION.

Proclamation.

"In the name of Her Majesty Victoria, Queen of the United Kingdom of Great Britai

and Ireland, Empress of India.

45

By [here insert the name and title of the officer making the announcement].

Whereas I have it in command from Her Majesty Queen Victoria, throug Her Principal Secretary of State for the Colonies, to assert the sovereign rights of Her Majesty over [here insert the name of the island or islands], the same having bees ceded in sovereignty to Her Majesty [or, the same having been taken possession of br Her Majesty with consent of the local Chief or Chiefs thereof].

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Now, therefore, I [here insert the name and title of the officer making the announce ment] do hereby proclaim and declare to all men that, from and after the date of thes presents, the full sovereignty of the Island of [here insert the name and exact position or of the islands situated between [here insert the degrees of latitude north or south & the Equator, and of longitude cast or west of Greenwich, and the names of the principa islands] reste, together with its [or their] dependencies, in Her Majesty Queen Victoria her heirs and successors, for ever.

"Given under my hand at [here insert name of place and date].

"[Witness]"

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[Signature of officer.]

MY LORD,

No. 161.

(CANADA.)

LAW OFFICERS to FOREIGN OFFICE.

We were honoured with your Lordship's commands signified in Sir Thomas

Royal Courts of Justice, August 21, 1889. Sanderson's letter of the 26th ultimo, stating that he was directed by your Lordship to transmit the enclosed letter from the Colonial Office relative to a new Extradition Act which had been passed by the Dominion of Canada, and to which Her Majesty's Secretary of State for the Colonies proposed to advise Her Majesty to give Her

assent.

That the questions which appeared to be raised in that Act were set forth in the accompanying Memorandum, to which were annexed the various documents of reference alluded to therein.

That Sir Thomas Sanderson was to request that we would take the papers trans- mitted with his letter into our consideration, and favour your Lordship with our opinion whether Her Majesty might properly be advised to assent to the Canadian Act, and with any general observations on the subject which wo might wish to make.

We have taken the matter into our consideration and, in obedience to your Lordship's commands, have the honour to

Report

That, in our opinion, there is nothing in the proposed Canadian Act which should lead Her Majesty to withhold Her assent. section 5 of the Act to which we think it right to direct attention.

There is, however, ono matter arising on That section appears to contemplate diplomatic arrangements between a foreign country and Canada, to which arrangements Her Majesty's Government would not be directly parties.

It occurs to us as being possible that such arrangements might involve this country in difficulties in the event of the foreign country declining to fulfil any undertaking given not to Her Majesty's Government but to Canada. This question, however, is one more of policy than of law, but we feel it right to call your Lordship's attention to the point.

We have, &c., (Signed)

RICHARD E. WEBSTER. EDWARD CLARKE.

PUBLIC RECORD OFFICE

C.O.

Reference :-

885

13 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

MEMORANDUM by Sir H. BERGNE on the NEW CANADIAN EXTRADITION ACT. SECTION 18 of "The Imperial Extradition Act, 1870," provides that the operation of the Act may, under certain conditions, be suspended in any British possession, if due provision for extradition is made by Law or Ordinance in such possession.

The Dominion of Canada passed an Act in compliance with this section in 1877. This was slightly amended in 1882, and the two Acts are now repealed and re-enacted in a consolidated form ("The Extradition Act, 1886 ").

The operation of "The Extradition Act, 1870," was accordingly suspended in Canada in 1877, and remains so suspended. Extradition proceedings in Canada are, therefore. now conducted under the Canadian Act of 1886.

This contains the following provision:-

"In the case of any foreign State with which there is, at or after the time when this Act comes into force, an extradition arrangement, this Act shall apply during the continuance of such arrangement; but no provision of this Act which is inconsistent with any of the terms of the arrangement shall have effect to contravene the arrangement, and this Act shall be so read and construed as to provide for the execution of the arrangement."

The Government of Canada have now passed the annexed Act:-

"An Act to amend the provisions of the Extradition Act," 52 Vict. cap. 36; for which the Royal Assent is requested.

The Act is forwarded in the Colonial Office letter of the 9th July 1889, which contains a Report of the Canadian Privy Council on the subject.

▲ 67014-35. 25.-9/89.