CO129-140 - Public Offices - 1869 — Page 335

I have directed too late that

Low

in

Franville concur with the

first and second representations in the memorandum & with the comment,

(a) and (b) upon the first section.

G

With respect to comment (c) upon that section LoJ. is disposed to think that the Court of Appeal should have nothing to do with the undertaking from the Government of Madras, which is a purely

Executive matter,

left to the Governor to deal with. If the wrong course be taken

the responsibility of obtaining a proper undertaking. imp. But there is no

reason why the practical suggestion should not be

adopted of providing that the original requisition should have annexed to it the

necessary undertaking.

WME

up to the

Comment upon text, S.C.R. 1041/1

d

4.

See Extradition Report questions.

490-492; 499;500.

it

333

It may be questioned whether

it was intended the draft-

should confer on

the magistrate

the power, which the magistrate

exercises in England, of entertaining

the question of political motive -

56

Looking to the and & subsection

of section V, LoJ. inclined

to think that it was

so intended,

the fact that the

offense charged was political "a valid cause" why the proposition should not hold good.

This doubt, however, could readily be disposed of, should it

be thought desirable to vest this power in the magistrate.

If he is not to have this power LdJ. is of opinion that the

question whether or not offense is involved in the crime charged, should be left entirely and exclusively the decision of the Executive.