CAP. 235]
[s. 12 cont.)
Power to Governor to order discharge.
Second Schedule.
Form 7.
Discharge
if not
surrendered within two months.
Aiders and abettors in extradition crime.
Protection
and others
acting under
warrant or order.
Chinese Extradition.
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 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.
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 Attorney General, order the fugitive criminal to be discharged out of custody, unless sufficient cause is shown to the contrary.
15. Any 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, or the Commissioner 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, the proof of such warrant or order shall be sufficient answer to such action or suit, and the defendant, on such proof as aforesaid, shall be entitled to a verdict or judgment accordingly and shall also be entitled to all costs of suit.
Forms.
Second Schedule.
17. The forms in the Second Schedule or forms to the like effect, with such variations and additions as circumstances may require, may be used for the purposes therein indicated
392
CAP. 235]
[s. 12 cont.)
Power to Governor to order discharge.
Second Schedule.
Form 7.
Discharge
if not
surrendered within two months.
Aiders and abettors in extradition crime.
Protection
and others
acting under
warrant or order.
Chinese Extradition.
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 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.
14. If a fugitive criminal who has been committed to prison under this Ordinance to await the order of the Gover- nor 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 Attorney General, order the fugitive criminal to be discharged out of custody, unless sufficient cause is shown to the contrary.
15. Any 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, of magistrate the Commissioner 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 Ordin- ance, the proof of such warrant or order shall be sufficient answer to such action or suit, and the defendant, on such proof as aforesaid, shall be entitled to a verdict or judgment accordingly and shall also be entitled to all costs of suit.
Forms.
Second Schedule.
17. The forms in the Second Schedule or forms to the like effect, with such variations and additions as circumstances may require, may be used for the purposes therein indicated
392
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