318
No. 7 of 1889.
4.
CHINESE EXTRADITION.
Power to Governor to order discharge.
Second Schedule.
resident in the Colony for one year or upwards, the depositions and evidence taken before the magistrate on the investigation of the case shall, together with the magistrate's report thereon, be considered by the Governor in Council, who shall decide whether such fugitive criminal shall be surrendered or not.
(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 constable 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 constable and to hold him at all times as upon the original warrant.
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.
Form No. 7.
Discharge if not surrendered within two months.
Aiders and abettors in extradition crime.
Protection of magistrate and others acting under warrant or
14. If a fugitive criminal who has been committed to prison under this Ordinance to await the order of the Governor is not surrendered and conveyed out of the Colony within two months after such committal, a judge may, on application made to him by or on behalf of the fugitive criminal and on proof that reasonable notice of the intention to make such application has been given to the Crown Solicitor, order the fugitive criminal to be discharged out of custody, unless sufficient cause is shown to the contrary.
15. Every person who is accused or convicted of having counselled, procured, commanded, aided, or abetted the commission of any extradition crime or of being accessory before the fact to any extradition crime shall be deemed, for the purposes of this Ordinance, to be accused or convicted of having committed such crime, and shall be liable to be apprehended and surrendered accordingly.
16. If any action or suit is brought against a magistrate, the Superintendent of Prisons, a gaoler, police officer, or any other person for anything done under or in obedience to any warrant or order issued under the provisions of this Ordinance,
しか
318
No. 7 of 1889.
4..
CHINESE EXTRADITION.
Power to Governor to order discharge.
Second Schedule.
resident in the Colony for one year or upwards, the depositions and evidence taken before the magistrate on the investigation of the case shall, together with the magistrate's report thereon, be considered by the Governor in Council, who shall decide whether such fugitive criminal shall be surrendered or not.
:.
(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 constable 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 constable and to hold him at all times as upon the original warrant.
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 cogni- zance thereof, the Governor may at any time, by order under his Form No. 7. hand and seal, discharge a fugitive criminal from custody.
Discharge if not surrendered
within two months.
Aiders and abettors in extradition crime.
Protection of magistrate and others
acting under warrant or
14. If a fugitive criminal who has been committed to prison under this Ordinance to await the order of the Governor is not surrendered and conveyed out of the Colony within two months after such committal, a judge may, on application made to him by or on behalf of the fugitive criminal and on proof that reasonable notice of the intention to make such application has been given to the Crown Solicitor, order the fugitive criminal to be discharged out of custody, unless sufficient cause is shown to the contrary.
15. Every person who is accused or convicted of having counselled, procured, commanded, aided, or abetted the com- mission of any extradition crime or of being accessory before the fact to any extradition crime shall be deemed, for the purposes of this Ordinance, to be accused or convicted of having committed such crime, and shall be liable to be apprehended and surrendered accordingly.
16. If any action or suit is brought against a magistrate, the Superintendent of Prisons, a gaoler, police officer, or any other person for anything done under or in obedience to any warrant or order issued under the provisions of this Ordinance,
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