MALAY STATES EXTRADITION.
No. 4 of 1903.
1643
be surrendered until after the expiration of 15 days from the date of such committal, and that he has a right to apply to the Supreme Court for a writ of habeas corpus, and such Magistrate shall forthwith send to the Governor the depositions and other evidence in the case together with a report thereon.
10. Before ordering a fugitive criminal to be discharged the Magistrate shall cause notice of his intention to make such order to be served on the Crown Solicitor.
Crown Solicitor before discharge.
11. The Magistrates Ordinance, 1890, so far as it relates to appeals from the decisions of Magistrates, shall not apply to proceedings under this Ordinance.
Barring of appeal.
No. 3 of 1890.
12.-(1) On the expiration of 15 days from the date of the Magistrate's order of committal or, if a writ of habeas corpus has been issued and if, upon the return to the writ, the Supreme Court has not discharged the fugitive criminal, immediately after the decision of the Court, or after such further period in either case as the Governor may allow, the Governor may, by warrant under his hand and seal, order the fugitive criminal to be surrendered to such person as the Governor considers to be authorised to receive him on behalf of the authorities of the Malay State in question, 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 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 and to hold him at all times as upon the original warrant.
Governor
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 a fugitive criminal from custody.
14. If a fugitive criminal who has been committed to prison under this Ordinance to await the order of the Governor is not surrendered within 2 months or on application to a Judge.
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MALAY STATES EXTRADITION.
No. 4 of 1903.
1643
be surrendered until after the expiration of 15 days from the date of such committal, and that he has a right to apply to the Supreme Court for a writ of habeas corpus, and such Magistrate shall forthwith send to the Governor the depositions and other evidence in the case together with a report thereon.
10. Before ordering a fugitive criminal to be discharged the Notice to Magistrate shall cause notice of his intention to make such order to be served on the Crown Solicitor.
Crown Solici. tor before discharge.
11. The Magistrates Ordinance, 1890, so far as it relates to appeals Barring of
appeal. from the decisions of Magistrates, shall not apply to proceedings No. 3 of 1890.
under this Ordinance.
*
12.-(1) On the expiration of 15 days from the date of the Warrant for
surrender, Magistrate's order of committal or, if a writ of habeas corpus has etc. been issued and if, upon the return to the writ, the Supreme Court + has not discharged the fugitive criminal, immediately after the decision of the Court, or after such further period in either case as the Governor may allow, the Governor may, by warrant under his hand and seal, order the fugitive criminal to be surrendered to such person as the Governor considers to be authorised to receive him on behalf of the authorities of the Malay State in question, 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 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 and to hold him at all times as upon the original warrant.
Governor
13. Except where any proceedings are actually pending upon a Power of writ of habeas corpus before the Supreme Court, and in such case to order with the concurrence in writing of the Judge having cognizance discharge. thereof, the Governor may at any time, by order under his hand and seal, discharge a fugitive criminal from custody.
14. If a fugitive criminal who has been committed to prison under Discharge if this Ordinance to await the order of the Governor is not surrend- not surrender-
* As amended by No. 13 of 1912.
+ As amended by No. 51 of 1911 and No. 8 of 1912.
As amended by No. 12 of 1912.
ed within
2 months
or on applica- tion to a Judge.
$
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