WD 1896.]
HOW.
NORTH BORNEO EXTRADITION.
[No. 1.
155
Court, or after such further period in either case as the Governor may the Governor may, by warrant under his hand and seal, order fugitive criminal to be surrendered to such person as the Governor considers to be authorized to receive him on behalf of the North Borneo authorities, and the fugitive criminal shall be surrendered accordingly.
(2) If the fugitive criminal while in the Colony escapes out of any custody into which he has been delivered in pursuance of a Magistrate's warrant as aforesaid, it shall be lawful for any Police officer or constable to take him without warrant and to restore him to the custody from which he has escaped, and for the person from whose custody the fugitive criminal has escaped to retake him or receive him from such Police officer or constable and to hold him at all times as upon the original warrant.
13. Except where any proceedings are actually pending upon a writ of Habeas Corpus before the Supreme Court, and in such case with the concurrence in writing of the Judge having cognizance thereof, the Governor may at any time, by order under his hand and seal, discharge the fugitive criminal from custody.
Governor to order Discharge if not surrendered within two months, or on application to a Judge.
14. If a fugitive criminal who has been committed to prison under this Ordinance to await the order of the Governor is not surrendered and conveyed out of the Colony within two months after such committal, or within two months after the determination of any proceedings upon a writ of Habeas Corpus, as the case may be, any Judge of the Supreme Court may, on application made to him by or on behalf of the fugitive criminal and on proof that reasonable notice of the intention to make such application has been given to the Crown Solicitor, order the fugitive criminal to be discharged out of custody, unless sufficient cause is shown to the contrary.
15. Every person who is accused or convicted of having counselled, procured, commanded, aided, or abetted the commission of any extradition crime or of being accessory before the fact to any extradition crime, shall be deemed, for the purposes of this Ordinance, to be accused or convicted of having committed such crime, and shall be liable to be apprehended and surrendered accordingly.
Aiders and abettors in extradition crime.
16. If any action or suit is brought against a Magistrate, the superintendent of Victoria Gaol, gaoler, Police officer, constable, or other person for anything done under or in obedience to any warrant or order issued under the provisions of this Ordinance, the proof of such warrant or order shall be a sufficient answer to such action or suit, and the defendant, on such proof as aforesaid, shall be entitled to verdict or judgment accordingly and shall also be entitled to all costs of suit.
Protection of Magistrate and others acting under warrant.
Page 5
Page 6
WD 1896.]
HOW.
NORTH BORNEO EXTRADITION.
[No. 1.
155
Court, or after such further period in either case as the Governor may the Governor may, by warrant under his hand and seal, order fugitive criminal to be surrendered to such person as the Governor nsiders to be authorized to receive him on behalf of the North Borneo thorities, and the fugitive criminal shall be surrendered accordingly. (2) If the fugitive criminal while in the Colony escapes out of any stody into which he has been delivered in pursuance of a Magistrate's warrant as aforesaid, it shall be lawful for any Police officer or constable
take him without warrant and to restore him to the custody from hich he has escaped, and for the person from whose custody the fugitive riminal has escaped to retake him or receive him from such Police officer. constable and to hold him at all times as upon the original warrant. 13. Except where any proceedings are actually pending upon a writ Power to of Habeas Corpus before the Supreme Court, and in such case with the concurrence in writing of the Judge having cognizance thereof, the discharge. Governor may at any time, by order under his hand and seal, discharge
fugitive criminal from custody.
Governor to
order
Discharge if
two months, tion to a Judge.
or on applica-
14. If a fugitive criminal who has been committed to prison under this Ordinance to await the order of the Governor is not surrendered not surren-
dered within and conveyed out of the Colony within two months after such committal, For within two months after the determination of any proceedings upon writ of Habeas Corpus, as the case may be, any Judge of the Supreme Court may, on application made to him by or on behalf of the fugitive criminal and on proof that reasonable notice of the intention to make such application has been given to the Crown Solicitor, order the fugitive criminal to be discharged out of custody, unless sufficient
anse is shown to the contrary.
15 Every person who is accused or convicted of having counselled, Aiders and procured, commanded, aided, or abetted the commission of any
extra-
abettors in extradition
tion crime or of being accessory before the fact to any extradition crime.
me shall be deemed, for the purposes of this Ordinance,, to be accused convicted of having committed such crime, and shall be liable to be pprehended and surrendered accordingly.
16. If any action or suit is brought against a Magistrate, the perintendent of Victoria Gaol, gaoler, Police officer, constable, or other person for anything done under or in obedience to any rrant or order issued under the provisions of this Ordinance, the Proof of such warrant or order shall be a sufficient answer to such action guit, and the defendant, on such proof as aforesaid, shall be entitled Verdict or judgment accordingly and shall also be entitled to all
of suit
Protection of and others acting under
Magistrate
warrant.
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