CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12] — Page 271

duties imposed upon

him

Imperial Extradition Act

by

the

be more

to sever

268

convenient

seemly and

the Judicial from the

1870.

of taking the preliminary ex-

Witnesses in Extradition duty which in England

-amination of

Cases

a

devolves

on

Police magistrates. The Imperial Act places

the Governor of the Colony

in an invidious

and disagreeable

position. He is called upon

legal Inquiry

to preside at

and to decide questions between

Contending Counsel

&

Attorneys

and in his "Magisterial" capacity

his committal

liable

to be

set

aside

by

the Supreme Court. It would

be

Executive functions

in

all

the

Colonies, by conferring on Police Magistrates, as in England, the duty of taking the pre-liminary evidence

and committing the fugitive to prison,

subject to proceedings by Habeas Corpus before the

his release;

Supreme Court

for

and to limit the functions of

the Governor to the making

the Requisition to the Magistrate

the Warrant of apprehension and to the final granting of

and

the Warrant of

necessary.

in

Extradition when

This improvement

the administration

of Extradition