THE FUGITIVE OFFENDERS ACT.
141
Offences to
9. This part of this Act shall apply to the following offences, namely, Act of 1881. to treason and piracy, and to every offence, whether called felony, misdemeanor, crime, or, by any other name, which is for the time being punishable in the part of Her Majesty's Dominions in which it was committed, either on indictment or information, by imprisonment with hard labour for a term of 12 months or more, or by any greater punishment; and for the purposes of this section, rigorous imprisonment, and any confinement in a prison combined with labour, by whatever name it is called, shall be deemed to be imprisonment with hard labour.
This part of this Act shall apply to an offence notwithstanding that by the law of the part of Her Majesty's Dominions in or on his way to which the fugitive is or is suspected of being it is not an offence, or not an offence to which this part of this Act applies; and all the provisions of this part of this Act, including those relating to a provisional warrant and to a committal to prison, shall be construed as if the offence were in such last-mentioned part of Her Majesty's Dominions an offence to which this part of this Act applies.
Court to dis-
10. Where it is made to appear to a superior Court that by reason of the trivial nature of the case, or by reason of the application for the return of a fugitive not being made in good faith in the interests of justice or otherwise, it would, having regard to the distance, to the facilities for communication, and to all the circumstances of the case, be unjust or oppressive or too severe a punishment to return the fugitive either at all or until the expiration of a certain period, such Court may discharge the fugitive, either absolutely or on bail, or order that he shall not be returned until after the expiration of the period named in the order, or may make such other order in the premises as to the Court seems just.
tenant in
11. In Ireland the Lord Lieutenant or Lords Justices or other chief Governor or Governors of Ireland, also the Chief Secretary of such Lord Lieutenant, may, as well as a Secretary of State, execute any portion of the powers by this part of this Act vested in a Secretary of State.
PART II.
INTER-COLONIAL BACKING OF WARRANTS, AND OFFENCES.
Application of Part of Act.
of part of
12. This part of this Act shall apply only to those groups of British possessions to which, by reason of their contiguity or otherwise, it may seem expedient to Her Majesty to apply the same.
Act to group of British
It shall be lawful for Her Majesty from time to time by Order in Council to direct that this part of this Act shall apply to the group of
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THE FUGITIVE OFFENDERS ACT.
141
Offences to
9. This part of this Act shall apply to the following offences, namely, Act of 1881. to treason and piracy, and to every offence, whether called felony, which this misdemeanor, crime, or, by any other name, which is for the time being part of this punishable in the part of Her Majesty's Dominions in which it was
Act applies. committed, either on indictment or information, by imprisonment with hard labour for a term of 12 months or more, or by any greater punishment and for the purposes of this section, rigorous imprison- ment, and any confinement in a prison combined with labour, by whatever name it is called, shall be deemed to be imprisonment with hard labour.
This part of this Act shall apply to an offence notwithstanding that by the law of the part of Her Majesty's Dominions in or on his way to which the fugitive is or is suspected of being it is not an offence, or not an offence to which this part of this Act applies; and all the provisions of this part of this Act, including those relating to a provisional warrant and to a committal to prison, shall be construed as if the offence were in such last-mentioned part of Her Majesty's Dominions an offence to which this part of this Act applies.
Court to dis-
10. Where it is made to appear to a superior Court that by reason of Powers of the trivial nature of the case, or by reason of the application for the superior return of a fugitive not being made in good faith in the interests of charge fu- justice or otherwise, it would, having regard to the distance, to the gitive when
case frivo- facilities for communication, and to all the circumstances of the case, lous or return be unjust or oppressive or too severe a punishment to return the fugitive
unjust. either at all or until the expiration of a certain period, such Court may discharge the fugitive, either absolutely or on bail, or order that he shall not be returned until after the expiration of the period named in the order, or may make such other order in the premises as to the Court seems just.
tenant in
11. In Ireland the Lord Lieutenant or Lords Justices or other chief Power of Governor or Governors of Ireland, also the Chief Secretary of such Lord Lieu- Lord Lieutenant, may, as well as a Secretary of State, execute any por- Ireland tion of the powers by this part of this Act vested in a Secretary of State.
PART II.
INTER-COLONIAL BACKING OF WARRANTS, AND OFFENCES.
Application of Part of Act.
of part of
12. This part of this. Act shall apply only to those groups of British Application possessions to which, by reason of their contiguity or otherwise, it may seem expedient to Her Majesty to apply the same.
Act to group of British
It shall be lawful for Her Majesty from time to time by Order in possessions. Council to direct that this part of this Act shall apply to the group of
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