CO129-399 - Governor Sir May - 1913 [1-2] — Page 331

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Hon. Colonial Secretary,

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24 FEB 13

Ky views on this question are as follows :-

So far as the expenses of the actual extradition proceedings are concerned (that is to say so far as there may be any actual or presumptive costs incurred in taking proceedings before a Magistrate) we should be guided by the Treaties. I say *presumptive" costs because where for example the Assistant Crown Solicitor appears to support an application for extradition before the Magistrate there might be no actual out-of-pocket expenses pay- -able by this Government. In England at any rate where the proceed- -ings are being initiated by a private person that private person has to guarantee the payment of all expenses which may be incurred either by the petitioning or Petitioned Administration so far, at any rate, as such are not undertaken to be borne by the terms of

any Treaty. In the memorandum as to une procedure in evtradition

cases which was issued in 1907 from the Home Authorities and a

copy of which has been put into the hands of Colonial Administra-

- tions you will see on page 5 what is stated with regard to the

payment of expenses in such cases.

3. If a private person in pursuance of a private

prosecution had occasion to apply to this Government in order that

this Government should obtain the extradition of the person

against whom his prosecution was directed, I see no reason why

the applicant should not be asked to indemnify this Government

against any expenses to which this Government might be put in connection with the extradition proceedings: it might occur that

the Government from which this Government had to ask for the

extradition might be one in which all the expenses of extraditi on

had to be borne by the demanding Administration: so that there

would be, in such a case, expenses which would have to be paid in

comection with the proceedings abroad and there also would be

either actual or presumptive expenses incurred locally. In such a case the form of indemnity contained on page 26 of the morandum

referred