1912_FUGITIVE_OFFENDERS_ACT__1881 — Page 7

THE FUGITIVE OFFENDERS ACT.

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British possession of the same group, if satisfied that the summons was Act of 1881. issued by some Judge, Magistrate, or officer having lawful authority as aforesaid, may endorse the summons with his name; and the witness, on service in that possession of the summons so endorsed, and on pay- ment or tender of a reasonable amount for his expenses, shall obey the summons, and in default shall be liable to be tried and punished either in the possession in which he is served or in the possession in which the summons was issued, and shall be liable to the punishment imposed by the law of the possession in which he is tried for the failure of a witness to obey such a summons. The expression summons in this section includes any subpoena or other process for requiring the attendance of a witness.

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group of Bri-

16. A Magistrate in a British possession of a group to which this part Provisional of this Act applies, before the endorsement in pursuance of this part of warrant in this Act of a warrant for the apprehension of any person, may issue a tish poss- provisional warrant for the apprehension of that person, on such inform- essions. ation and under such circumstances as would in his opinion justify the issue of a warrant if the offence of which such person is accused were an offence punishable by the law of the said possession, and had been com- mitted within his jurisdiction, and such warrant may be backed and executed accordingly; provided that a person arrested under such provisional warrant shall be discharged unless the original warrant is produced and endorsed within such reasonable time as may under the circumstances seem requisite.

returned

17. If a prisoner in a British possession whose return is authorised in Discharge of pursuance of this part of this Act is not conveyed out of that possession prisoner not within one month after the date of the warrant ordering his return, a within one Magistrate or a superior Court, upon application by or on behalf of the month to

British poss- prisoner, and upon proof that reasonable notice of the intention to make ession of such application has been given to the person holding the warrant and same group. to the chief officer of the police of such possession or of the province or town where the prisoner is in custody, may, unless sufficient cause is shown to the contrary, order such prisoner to be discharged out of custody.

Any order or refusal to make an order of discharge by a Magistrate under this section shall be subject to appeal to a superior Court.

not pros-

18. Where a prisoner accused of an offence is returned in pursuance Sending back of this part of this Act to a British possession, and either is not prosecuted of prisoner for the said offence within 6 months after his arrival in that possession ecuted or or is acquitted of the said offence, the Governor of that possession, if he acquitted to thinks fit, may, on the requisition of such person cause him to be sent ession of back, free of cost, and with as little delay as possible, to the British same group. possession in or on his way to which he was apprehended.

British poss-