140
THE FUGITIVE OFFENDERS ACT.
Act of 1881.one time as under the circumstances seems requisite for the production
of an endorsed warrant.
Return of fugitive by warrant.
Discharge of
person apprehended if not returned within one month.
Sending back of persons apprehended if not prosecuted
within six months or acquitted
6. Upon the expiration of 15 days after a fugitive has been committed to prison to await his return, or if a writ of habeas corpus or other like process is issued with reference to such fugitive by a superior Court, after the final decision of the Court in the case,
(1) if the fugitive is so committed in the United Kingdom, a Secretary of State; and
(2) if the fugitive is so committed in a British possession, the Governor of that possession,
may, if he thinks it just, by warrant under his hand order that fugitive to be returned to the part of Her Majesty's Dominions from which he is a fugitive, and for that purpose to be delivered into the custody of the persons to whom the warrant is addressed, or some one or more of them, and to be held in custody, and conveyed by sea or otherwise to the said part of Her Majesty's Dominions, to be dealt with there in due course of law as if he had been there apprehended, and such warrant shall be forthwith executed according to the tenor thereof.
The governor or other chief officer of any prison, on request of any person having the custody of a fugitive under any such warrant, and on payment or tender of a reasonable amount for expenses, shall receive such fugitive and detain him for such reasonable time as may be requested by the said person for the purpose of the proper execution of the warrant.
7. If a fugitive who, in pursuance of this part of this Act, has been committed to prison in any part of Her Majesty's Dominions to await his return, is not conveyed out of that part within one month after such committal, a superior Court, upon application by or on behalf of the fugitive, and upon proof that reasonable notice of the intention to make such application has been given, if the said part is the United Kingdom to a Secretary of State, and if the said part is a British possession to the Governor of the possession, may, unless sufficient cause is shown to the contrary, order the fugitive to be discharged out of custody.
8. Where a person accused of an offence and returned in pursuance of this part of this Act to any part of Her Majesty's Dominions, either is not prosecuted for the said offence, within 6 months after his arrival in that part, or is acquitted of the said offence, then if that part is the United Kingdom a Secretary of State, and if that part is a British possession, the Governor of that possession may, if he think fit, on the request of such person, cause him to be sent back free of cost and with as little delay as possible to the part of Her Majesty's Dominions in or on his way to which he was apprehended.
140
THE FUGITIVE OFFENDERS ACT.
Act of 1881.one time as under the circumstances seems requisite for the production
of an endorsed warrant.
Return of fugitive by warrant.
Discharge of
person appre hended if not returned within one month.
Sending back of persons apprehended if not prose-
cuted
within six months or acquitted
6. Upon the expiration of 15 days after a fugitive has been committed to prison to await his return, or if a writ of habeas corpus or other like process is issued with reference to such fugitive by a superior Court, after the final decision of the Court in the case,
(1) if the fugitive is so committed in the United Kingdom, a Secretary of State; and
(2) if the fugitive is so committed in a British possession, the Gov- ernor of that possession,
may, if he thinks it just, by warrant under his hand order that fugitive to be returned to the part of Her Majesty's Dominions from which he is a fugitive, and for that purpose to be delivered into the custody of the persons to whom the warrant is addressed, or some one or more of them, and to be held in custody, and conveyed by sea or other- wise to the said part of Her Majesty's Dominions, to be dealt with there in due course of law as if he had been there apprehended, and such warrant shall be forthwith executed according to the tenor thereof.
The governor or other chief officer of any prison, on request of any person having the custody of a fugitive under any such warrant, and on payment or tender of a reasonable amount for expenses, shall receive such fugitive and detain him for such reasonable time as may be re- quested by the said person for the purpose of the proper execution of the
warrant.
7. If a fugitive who, in pursuance of this part of this Act, has been committed to prison in any part of Her Majesty's Dominions to await his return, is not conveyed out of that part within one month after such com- mittal, a superior Court, upon application by or on behalf of the fugitive, and upon proof that reasonable notice of the intention to make such application has been given, if the said part is the United Kingdom to a Secretary of State, and if the said part is a British possession to the Governor of the possession, may, unless sufficient cause is shown to the contrary, order the fugitive to be discharged out of custody.
8. Where a person accused of an offence and returned in pursuance of this part of this Act to any part of Her Majesty's Dominions, either is not prosecuted for the said offence, within 6 months after his arrival in that part, or is acquitted of the said offence, then if that part is the United Kingdom a Secretary of State, and if that part is a British possession, the Governor of that possession may, if he think fit, on the request of such person, cause him to be sent back free of cost and with as little delay as possible to the part of Her Majesty's Dominions in or on his way to which he was apprehended.
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