#
"
#
" Supreme Court shall
to
" investigate the alleged ~
tr
crime in the
ao a
04.
dare mamur
Magistrati investigates
charge where a person
is accused of having
Committed an indictable
offence against the laws
the
exercise all the like
jurisdiction and powers
ao a
magistrate in such
4
4
Alony
and shall
"cases: (Sex. 3 of draft.)
Attorney senerals notes.
502
Mr Knewell's Memorandum.
Attorney General's & Notes -
ministerial capacity. required to do. It it intended His discretion may be that the Governor should out
14 ore
if it is considered
xet
precisely limited judicially or only ministerially,
in ordering the surrender of the fugitive?
deeirable.
is force
of
4.
The draft further
proceeds to state that the contemplate any
The Bill does not
Judge if he finds probable
regular judicial
review by the Governor
cause shall commit the
offender to prison to await of the Judge's decision, the orders of the Governor, but and on
the other.
it does not state whether the hand it is not_
Judge is to transmit the intended that the proseedings to the Governor Governor should as the Magistrate is now act in a merely required
Ministerial
F. The draft propos
I think there to enact that the Judge
who
with a
in this objection commits the fugitive On the other hand it view to surrender, is to inform should be remembered him of his right to a
me
ht to a writ
that in praction, of Habeas Corpus. Now it Judges constantly sous le sue that this only sit in appeal upon gives a semblance of their
awn decisions. protection, for the Judge.
who had made the
who
I'd
I probably
as to
commitment would, have inuch to
the
Day
granting of the writ, or indeed might brineelf.
have to deal with his
own work; Theme two
are
only
lws Indges here, and often there is only
during
tive
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