THE EXTRADITION ACTS.
127
Act by the Police Magistrate and the Secretary of State, or either of them, in relation to the surrender of a fugitive criminal, may be done by the Governor of the British possession alone :
(3) Any prison in the British possession may be substituted for a prison in Middlesex :
(4) A Judge of any Court exercising in the British possession the like powers as the Court of Queen's Bench exercises in England may exercise the power of discharging a criminal when not conveyed within 2 months out of such British possession.
18. If by any law or Ordinance, made before or after the passing of this Act, by the Legislature of any British possession, provision is made for carrying into effect within such possession the surrender of fugitive criminals who are in or suspected of being in such British possession, Her Majesty may, by the Order in Council applying this Act in the case of any foreign State, or by any subsequent Order, either—suspend the operation within any such British possession of this Act, or of any part thereof, so far as it relates to such foreign State, and so long as such law or Ordinance continues in force there, and no longer; or direct that such law or Ordinance, or any part thereof, shall have effect in such British possession, with or without modifications and alterations, as if it were part of this Act.
General Provisions.
crime.
19. Where, in pursuance of any arrangement with a foreign State, any person accused or convicted of any crime which, if committed in England, would be one of the crimes described in the first schedule to this Act is surrendered by that foreign State, such person shall not, until he has been restored or had an opportunity of returning to such foreign State, be triable or tried for any offence committed prior to the surrender in any part of Her Majesty's Dominions other than such of the said crimes as may be proved by the facts on which the surrender is grounded.
2nd schedule.
20. The forms set forth in the 2nd schedule to this Act, or forms as near thereto as circumstances admit, may be used in all matters to which such forms refer, and in the case of a British possession may be so used, mutatis mutandis, and when used shall be deemed to be valid and sufficient in law.
in Council.
21. Her Majesty may, by Order in Council, revoke or alter, subject to the restrictions of this Act, any Order in Council made in pursuance of this Act, and all the provisions of this Act with respect to the original Order shall (so far as applicable) apply, mutatis mutandis, to any such new Order.
22. This Act (except so far as relates to the execution of warrants in the Channel Islands) shall extend to the Channel Islands and Isle of Man.
THE EXTRADITION ACTS.
127
Act by the Police Magistrate and the Secretary of State, or either of Act of 1870. them, in relation to the surrender of a fugitive criminal, may be done by the Governor of the British possession alone :
(3) Any prison in the British possession may be substituted for a prison in Middlesex :
(4) A Judge of any Court exercising in the British possession the like powers as the Court of Queen's Bench exercises in England may exercise the power of discharging a criminal when not conveyed within 2 months out of such British possession.
18. If by any law or Ordinance, made before or after the passing of Saving of this Act, by the Legislature of any British possession, provision is made laws of Brit-
ish poss- for carrying into effect within such possession the surrender of fugitive essions. criminals who are in or suspected of being in such British possession, Her Majesty may, by the Order in Council applying this Act in the case of any foreign State, or by any subsequent Order, either— suspend the operation within any such British possession of this Act, or of any part thereof, so far as it relates to such foreign State, and so long as such law or Ordinance continues in force there, and no longer; or direct that such law or Ordinance, or any part thereof, shall have effect in such British possession, with or without modifications and alterations, as if it were part of this Act.
General Provisions.
crime.
19. Where, in pursuance of any arrangement with a foreign State, Criminal sur- any person accused or convicted of any crime which, if committed rendered by
foreign State in England, would be one of the crimes described in the first schedule not triable to this Act is surrendered by that foreign State, such person shall for previous not, until he has been restored or had an opportunity of returning to such foreign State, be triable or tried for any offence committed prior to the surrender in any part of Her Majesty's Dominions other than such of the said crimes as may be proved by the facts on which the surrender is grounded.
2nd sche-
20. The forms set forth in the 2nd schedule to this Act, or forms As to use of as near thereto as circumstances admit, may be used in all matters to forms in which such forms refer, and in the case of a British possession may be dule. so used, mutatis mutandis, and when used shall be deemed to be valid and sufficient in law.
in Council.
21. Her Majesty may, by Order in Council, revoke or alter, subject Revocation, to the restrictions of this Act, any Order in Council made in pursuance &c., of Order of this Act, and all the provisions of this Act with respect to the original Order shall (so far as applicable) apply, mutatis mutandis, to any such new Order.
22. This Act (except so far as relates to the execution of warrants in Application the Channel Islands) shall extend to the Channel Islands and Isle of of Act in
Channel Is-
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