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to submit and reply to any questic. of lew which may become

material, and the decision of which by the lagistrate may

be vital to the case under investigation.

Further, the language of section 9 of the Extradition

Act of 1870

"that when a fugitive..criminal is brought before the Police

"agistrate the Police Magistrate should hear the case in

"the same manner and have the same jurisdiction and powers

"as near as may be as if the prisoner were brought before "him charged with an indictable effence committed in Englend"

certainly raises in my mind a serious though, of course,

respectful doubt whether the learned Chief Justice is right

in the opinion he has se confidently expressed.

-

The proper answers to the questions propounded by the

Secretary for the Colonies seem to me to be that Foreign

Goverments have always been permitted to be professionally

represented in cur Extradition Court of first instance

they have, or have not, a right of audience, and that the

practice in this country is not in conformity with the

principles which are said to have been laid down by Sir

Francis Piɛɛott.

whether

taw

(signed) C.MAIL.

3/1/12

Part