CO885-(15-16) — Page 297

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PUBLIC RECORD OFFICE

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Reference :-

C.O.

885

15 PUBLIC RECORD OFFICE, LONDON

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

already reported in favour of the claims of the Petitioner, and we observe that, when such report was brought before the Legislative Assembly, the Colonial Secre- tary of the Colony opposed its adoption solely upon the ground that the questions raised should be adjusted in a Court of Law. As, therefore, it is impossible, through lapse of time, for the Petitioner to test his claim under the local Act, the only way in which the suggestion made by the Colonial Secretary can be carried out is by His Majesty granting his fiat to the Petition.

(6) The endorsement should run as follows:-

**

Let Right be done in the Supreme Court of Western Australia." When so endorsed the Petition should be returned to the Petitioner.

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SIR,

The Right Honourable

Alfred Lyttelton, M.P.,

&c.,

&c., &c.

We have, &c.,

R. B. FINLAY.

EDWARD CARSON.

No. 206.

(WEST AFRICA.)

LAW OFFICERS to COLONIAL OFFICE.

[Draft Enactment for the Surrender of Fugitive Criminals.]

Royal Courts of Justice,

November 21, 1903.

We were honoured with your commands signified to us by Mr. Antrobus in his letter of the 25th September last, stating that, with reference to our report of the 29th of June, 1901, he was directed by the Secretary of State to forward to us the correspondence which had passed between your Department and the Foreign Office. with regard to the measures which should be taken to provide for the surrender of fugitive criminals from the British Protectorates in West and East Africa to foreign Colonies and Protectorates.

That it would be observed that the passing of an Imperial Act amending the Extradition Acts so as to render the procedure supplied by those Acts available in the case of Protectorates had been found to be impracticable, and that it had, there- fore, been decided, in accordance with our report above referred to, to pass laws in the various Protectorates in question of a similar character to the Extradition Acts, in order to provide for the surrender of fugitive criminals from those Protectorates.

That he was accordingly to transmit to us the draft of an Enactment which had been prepared in your Department, after correspondence with the Home Office and Foreign Office. That should we consider its provisions satisfactory it would be sent out to the Officers Administering the Governments of the Protectorates with instruc- tions to prepare, in each case, a draft Enactment based upon the draft which had been prepared in this country, but with such variations as the local circumstances of cach Protectorate might render necessary, notably in Section 14. That it would not, moreover, be possible for these Protectorates to pass the draft as it stood, as the officers discharging the duties of magistrates were called by different names in different Protectorates, and there might be various other alterations of form, though it was not believed of substance, which might be desirable. That the draft Enactments prepared in the Protectorates would not be passed until they had been submitted to the Secre- tary of State for Foreign Affairs and to your Department.

That he was accordingly to request us to take these papers into our consideration, and to report:-

(1.) Whether the terms of the draft Enactment are sufficient and proper for the purpose and, if not, what amendments should be made therein?

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

Report-

That in our opinion the terms of the draft enactment are sufficient and proper for the purpose.

We have, &c.,

R. B. FINLAY. EDWARD CARSON.

1

Alfred Lyttelton, M.P.,

&c.,

&c.,

&c.

• No. 87.

The Right Honourable

25 Wt 661 12,03 D & B

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