CO129-406 - Public Offices - 1913 — Page 360

YALON

(No.50235/13)

358

The

that some of the procedure adopted in the application

for the extradition was out of order. This year Sotto

was again brought up, on a new application for extra-

dition, before the First Police Magistrate, the former

irregularities in procedure having been rectified.

magistrate, in hearing the application first of all

allowed certain preliminary questions to be argued, on

all of which he found in favour of the application for

extradition. Sotto, however, raised the point that,

as he had already been discharged on a writ of Habeas

Corpus in connexion with the same offence, he could not

be committed for extradition on a second application,

and on this point the magistrate found in his favour,

and accordingly discharged him.

While the decision of the magistrate thus ex-

· pressed appears not to correspond with that given by

the King's Bench Division of the High Court of Justice

ia this country, in the case of "Fex vergur Governor of

Brixton Prison ex parte Stallman", the question

whether the magistrate can be obliged to reconsider his

decision is one which is attended by considerable

difficulty

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