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offence, provided it is not upon the same state of facts. If, as in this case, the discharge is for want of evidence, that may be supplied upon a subsequent rearrest for the same ex- - traditable offence.
*
"If the decision upon the habeas corpus is upon the merits in
this sense that no offence has been committed that all
available evidence discloses no crime that discharge is of course final to all intents and purposes.
*But falling short of this, the discharge is final only so
far as that particular proceeding is concerned. The matter
may be reagitated on another state of facts, with respect to
the same alleged offence. The court would fail in its duty
and the whole prpose of the extradition comity would be
frustrated, if a man duly charged with an extraditable crime,
and so far as prima facie evidence goes apparently guilty of
the crime charged, could escape by technicalities and subtleti-
-es that are discreditable enough in ordinary criminal law without being imported into extradition procedure.
*I find that the United States courts entertain like views
upon this question. And it is well that both countries should agree in facilitating legal reciprocity in the trans- -fer of fugitive offenders.
"It is thus laid down by Shiras, J., in In re White, (1891)
45 Fed. Rep. 237, at page 239: 'If x X x the person arrested is released upon habeas corpus upon the ground of informality or mistake in the proceedings, or upon some ground which does not decide the question, whether upon the real facts the one arrested should be extradited for trial, such release, not being upon the merits, should not be a bar to arrest upon perfected papers of proceedings'. "So when it was argued that the extradition statute contemplat- -ed but one proceeding, which deing terminated by the action of the executive refusing to surrender because of the alleged insufficiency of the evidence, and that, therefore, there was no power to exercise any further process of arrest
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