CO129-406 - Public Offices - 1913 — Page 460

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reasonably be taken into consideration in matters such as that

now in question.

458

As Mr. Harcourt is aware, a different position from this

is taken by some other Governments, notably the United States of

America, and, as a result, (more particularly on account of the

necessity of employing a private firm of detectives, employing

Counsel at every stage in the Courts, and of paying for the

services of all the United States officials conuerned and even fer

the cost of the prisoner's maintenance) the cest of extradition

from the United States is often inordinately great,Such a state of

affairs appears to Mr. McKenna te be contrary to the principles

above mentioned, and, as a matter of fact, remonstrances have been,

addressed to the United States Government, on that ground, though

without avail.

As regards the particular question of costs for legal mid,

the correspondence enclosed with your letter relates to (a) the

proceedings before a magistrate prior to the prisoner's semmittal

for surrender, and (2) proceedings arising out of an application

for a writ of Habeas Cérpus, after committal. The procedure

in this country is described in memoranda by the Chief Magistrate

and the Director of Public Prosecutions which were forwarded to

your Department on the 9th January, 1912.

Briefly, the offsot

is that legal aid is rarely necessary to support the application

before the Magistrate, whether the accused person empleya a

soliciter er not: but, where it is considered advisable,

Directer of Public Prosecutions takes up and prepares the case,

employing counsel if necessary, and this is done without any

claim for reimbursement being made to the demanding Government. In French cases a legal representative of the French Government

generally attends before the Magistrats, a praction which is entirely voluntary on the part of the French Government and the

cost of which naturally falls on them. As regards proceedings in

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