244
to define clearly for what offences rendition can be demanded.
I would further observe that by a recent act of the Legislature of New Zealand, entitled "An Act for the Surrender of Fugitive Criminals", a copy of which is, I presume, enclosed in Lord Barnarvon's despatch, the powers of Police Magistrates are to be exercised by a Commission. Now this I take to be a very wholesome provision, for without meaning to impugn at all the judgement of the Colonial Magistrates, the principle of Rendition I take to be one of common sense rather than one of common law, and the less of technicalities which surround it, the better the chance of justice being done. Magistrates, being hampered with forms of law and practice, and open to pleaders, necessarily have not the wide discretion vested in them that a Commission would have, and it would therefore appear advisable, considering the peculiar and delicate relations that exist
244
to define clearly for what offences rendition can be demanded.
I would further observe that by a recent act of the Legislature of New Zealand, entitled "an act for the surrender of Fugitive Criminals
a
copy of which is, I presume, enclosed in Lord barnarvon's despatch, the Powers of Police Magistrates are to be exercised by a Commission . Now this I take, to be a v provision, for without meaning to impugn at all the judgement of the Colonial Magistrates, the
very
wholesome
principle of Rendition I take to be one of common sense rather than one of com law, and the less of technicalities
which surround it, the better
common
the chance of justice being done. Magistrates from being hampered with forms of law and practice, and open to
whose Courts are
-pleaders, necessarily have not the wide discretion vested in
them that a commission would have, and it would there fore appear advisable, considering the peculiar and
delicate relations that exist
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