19
258
t
DANC
to abruak 12 an
TL VOLWAS
-V11:00
3
OB
"Old" w gline incoo To
*
$0.
31
....
• (GOVI)
1
+
(
A Yan
V I
ji
雷
andu Sud MI*
i Mun vie damnde br-
onevooni. TUAG BAA 90. Dave WeL
hu 420 msänkow noinų dailUG 010-
100 12.0 QUJ th "i
Dong Dowin-
bul-with
I
cat mai mul
. ... .hoijn. Pim, mid to saeɔre ni
aku dan bong da old
og zal od glivious: Junio.'pa si still rusu suntikiVO TAS
9 Jon si on :Land vol venuuou
o la si Jus
musi, ja en "
4. BULTOJUD
ALANG SRİ mod wad (on sa Ji 10) nuit in: miui 9% to 7 DA
VIN NO CIDO BRIO BIOME
I wtintas do car um elu nep ni
for the purposes of surrender to the foreign country: and in
forum
that the trial takes place, and the guilt or innocence of
per
the accused is established. See Hawkins, J., in In re Castioni
(1891), 1 Q.B. 149, at page 161.
"The doctrine of res judicata or of former jeopardy or of
autrefois acquit is in each particular quite applicable to this method of preliminary inquiry.
"Had the magistrate thought the first evidence laid before him
insufficient and declined to interfere, or dismissed the
accused, that would be no bar to his (or another magistrate)
taking up the matter de novo upon better or Lore convincing
evidence. Such is unquestionably the rule in the ordinary
methods of procedure before magistrates in the case of indict-
-able offences, and to this practice is assimilated extraditi-
-on proceedings by the provisions of the statute.
Section 9, R.S.C. 1886, c. 142.
"This was recognised and affirmed as to the procedure in ex-
-tradition by a strong court in Reg. v. Lorton, (1866) 19
U. C. C. P. 9 the effect of which decision has not been
interfered with by any provision of the Criminal Code. It does
not affect the legal result if the magistrate assumes to
commit illegally or without evidence, and has been set right
by the court upon habeas corpus, by the discharge of the accused from custody. That gets rid of the illegal commitment but not of the underlying charge, which way again be investi-
-gated for the purpose of extradition.
"This very question has indeed been passed upon by ir. Justice Wurtele in Ex p. Seitz, (1899) 8 Quebec Q.B. 392. I adopt his language as pertinent to this case: 'When a prisoner is dis- -charged on habeas corpus, it is necessary, in order for such discharge to protect him from a subsequent prosecution for the same offence, that the same state of facts should exist with respect to both the adjudication under the writ of habear corpus and the subsequent prosecution' (page 397). *The accused may be arrested and imprisoned again for the same
No comments yet.
Private notes are available after approval.