CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12] — Page 495

Requisition

may be made

by telegraph

for apprehen-

sion of an cused person.

If a writ of habeas corpus is issued, within two months after the decision of the Court, upon the return to the writ,--

Then upon application by or on behalf of the accused, and upon proof that reasonable notice of such application was given,

In Great Britain, to a Secretary of State;

In Ireland, to the Chief Secretary of the Lord Lieutenant; and

In any other part of Her Majesty's doroinions, to the Governor, And unless sufficient cause is shown to the contrary,

any Judge of the superior Court of law in that part of Her Majesty's dominions may order that the accused be discharged out of custody.

X. If in Great Britain, a Secretary of State,

In Ireland, the Chief Secretary of the Lord Lieutenant, or

In any other part of Her Majesty's dominions, the Governor, makes requisition by telegraph for the apprehension of any per- son charged with one of the crimes described in the schedule to this Act, and jutimates that a warrant has been issued in that part of Her Majesty's dominions for the apprehension of such person, it shall be lawful,-

In Great Britain, for a Secretary of State,

In Ireland, for the Chief Secretary of the Lord Lieutenant, and

In any other part of Her Majesty's dominions, for the Governor, by order under his hand and seal to signify to a Magistrate that such requisition has been made, and to direct him to issue his warrant for the apprehension of tire accused person.

Accused any be XI. On receipt of the said order, a Magistrate may issue his apprehended, warrant for the apprehension of the accused, and any Magistrate bailed, or re- before whom he is brought, may admit the acensed to bail, or 398ule! tl

the warrant arrives.

remand him to prison there to remain until the aforesaid warrant

arrives.

The Magistrate at the time of remanding the accused shall fix some time which appears to him reasonable with reference to the circumstances of the case, and the accused shall be discharged if the aforesaid warrant do not arrive within the time so fixed:

XII. If any person is conveyed under this Act into that part veyed into of Her Majesty's dominions in which he is charged with com another part of mitting an offence, and he is not indicted for such offence within Her Majesty's dominious, and six months after his arrival, or if upon his trial he is acquitted,

Then in Great Britain, a Secretary of State,

Person con-

not indicted

within six

months, or

acquitted, may

be sent back

free of cost.

Court may

In Ireland, the Chief Secretary of the Lord Lieutenant, and In any other part of Ifer Majesty's dominious, the Governor, may, at the request of such person, and if he think fit, cause such person to be sent back free of cost, and with as little delay as possible, to that part of Her Majesty's dominious from which be was so conveyed.

XIII. The Court before which any accused person who has order payment been conveyed into the United Kingdom under this Act, is pro- of expense of scented or tried may order payment of the whole or any part conveying of the expenses of apprehending such person and of removing accused person to the United and conveying him from the place of apprehension to the Court." Kingdom.

As to use of

The amount of such expenses shall be ascertained by the pro- per officer of the Court, and he shall make ont und deliver to the person entitled thereto an order upon such Treasurer or other officer, as would be by law liable to pay an order by such officer of the Court for any expenses for a proseention before such Court. Such Treasurer or other officer is hereby required to pay any such order upou sight thereof, and shall be allowed the same in his accounts.

XIV. The forms set forth in the second schedule to this Act, forms to second or forms as near thereto as circumstances admit, may be used in all matters to which such forms refer, and when used shall be deemed to be valid and sufficient in law.

schedule,

Interpretation.

Repeal of the Aci 6 & 7 Vic,

eap. 34.

XV. In this Act, unless the context otherwise requires,- The term "Secretary of State" means one of Her Majesty's Principal Secretaries of State;

The term "Lord Lieutenant" means the Lord Lieutenant of Ireland;

The term "Governor" means any person or persons admini- stering the Government of any colony, plantation, island, territory, or settlement within Her Majesty's dominions, and includes the Governor of any part of India.

The term "Magistrate includes any Police Magistrate, Stipendiary Magistrate, or Justice of the Pence, and in Scotland any Sheriff, Sheriff's substitute, or Magistrate.

The terms "Iadicted," "Indictable" include proceeding by information.

XVI. The Act passed in the seventh year of Her Majesty's reign, chapter thirty-four, intituled "an Act for the "better apprehension of certain offenders" is horeby repealed.

Notwithstanding such repeal, any proceedings commenced un- der the said Act before the passing of this Act may be continued and carried on to the prosecution and trial of the accused person, and all things done therein in accordance with the terins of the said Act shall be valid.

FIRST SCHEDULE.

The following list of crimes is to be construed according to the law as it existed at the date of the alleged crime in the place where the accused person is,

or is suspected to be, whether by common law or by statute made before or after the passing of this Act:

(1) Murder (including infanticide) and attempt to murder. (2.) Manslaughter.

(3.) Counterfeiting or nttering money," uttering or bringing into circula-

tion counterfeit or uttered money.

(4.) Forgery, or counterfeiting, or attering, or attering what is forged, or

counterfeited, or altered; comprehending counterfeiting or falsifica tions of paper money, bank uotes, or other securities, forgery, or other falsification of other public or private documents, likewise the utter-

ing or bringing into circulation, or wilfully using such counterfeited, forged, or falsified papers.

(5.) Larceny or embezzlement.

(6.) Obtaining money or goods by false pretences.

(7.) Crimes against the law of bankruptcy or insolvency.

(8.) Fraud coininitted by a bailee, banker, agent, factor, trustee, or director

or member or public officer of any company made criminal by any

law for the time being ta force.

(9.) Rape.

(10.) Abduction of minors.

(11.) Child stealing or kidnapping.

(12.) False imprisonment.

(13.) Burglary, or house-breaking, with criminal intent.

(14.) Arson.

(15.) Robhery with violence.

(16.) Threats by letter or otherwise with intent to extort.

(17.) Perjury or subornation of perjury.

(18.) Malicious injury to property, if the offence be indictable.

(19.) Being accessory before or after the fact to any of the aforesaid crimes.

SECOND SCHEDULE.

Forne of order of [Secretary of State) to a Magistrate.

Police Magistrate of]

To Whereas requisition by telegraph has been made to me, [one of Her Majesty's Principal Secretaries of Stare,] by [Governor of the Colony of

for the apprehension of charged with having committed the crime of

in the said [Colony of

and intimating that a warrant has been issued in the

for the apprehension of the said

said [Colony of

Now I hereby by this my order under my hand and seal signify to you that such requisition has been made, and require you to issue your warrant for the if he be found within the limits apprehension of the said

of your jurisdiction.

Given under the hand and seal of the undersigned [nue of Her Majesty's

day of Principal Secretaries of State] this

18

Form of warrant of opprehcasion by order of [Secretary of State.]

To all and each of the Constables of the Police Force of

to wit.

Whereas the Right Honourable

one of Her Majesty's Principal Secretaries of State, by order under his hand and seal, hath signified to me that requisition hath been duly made to him for

the apprehension of

charged with having committed the crime of

late of

in the

: This is therefore to command you in Her Majesty's

[Colony of name forthwith to spprehend the said

pursuant to "The Absconding Offenders' Act, 1876," wherever he may be found in the [United Kingdom or Isle of Man] and bring him before we or some other Magistrate sitting in this Court, to show cause why he should not be remanded to prison ia parsaauce of the said "Absconding Offenders' Act, 1876," for which this shall be your warrant.

Given under toy hand and seal at

To

Police Force of

Whereas

before me

18 1

this

Warrant remanding an accused person.

and to the keeper of

day of

a constable of the

was this day brought under "The Alsconding Offenders' Act, 1878,"

for that he is charged with having committed the crime of

in the Colony of

the said

the said

, and that a warrant for the apprehension of Las been issued in the [said Culony of

and whereas it appears to me to be necessary to remand

to prison

This is therefore to command you, the said constable, in Her Majesty's name forthwith to convey and deliver the body of the said

into the custody of the suid keeper of the

Rt

day of

, and you the said keeper to receive the said

into your custody, and hit there safely to keep until the

at

, when I hereby command you to have him at o'clock in the forenoon of the same day before

me or before such other Magistrate as may then be there, to answer further to

the said charge and to be further dealt with according to law unless you shall be otherwise ordered in the meantime.

st

Given under my hand and seal this

18

•

day of in the Colony aforesaid.

Necognizance of bail.

to wit.

}

Be it remembered, that ou

A.D. 187. A.B.

day o

of

C.D.

of

and E.F.

came before me

of

personally

and severally acknowledged themselves to owe to our Ludy the the Queen the several sums following, that is to say, the said A.B.

and the said C.D.

and Z.F. each of good and lawful money of

Bunz of

the sum of

to be made and loviod of their several gooda and chattels, lauds and tenements respectively to the use of our said Lady the Queen, Her Heirs and Successors, if he the said 4,8.

fail in the condition indorsed.

Taken and acknowledged the day and year first above mentioned at

before me.

491