✨ Government Despatch on Extradition
Numb. 10. 86
The New Zealand Gazette.
Published by Authority.
FRIDAY, MARCH 13, 1863.
Colonial Secretary's Office,
Auckland, 12th March, 1863.
THE following despatch from Her Majesty's
Colonies is published for general information.
READER WOOD,
In the absence of Mr. DOMETT.
Downing-street,
18th December, 1862.
Sir,-A difficulty has been experienced in a
recent case in apprehending in this country an
offender who had absconded from one of Her
Majesty's Colonies, taking with him public
moneys. That difficulty arose from the omis-
sion to transmit to this country the document
necessary to legalize his arrest in this country.
I therefore thought it right to obtain from the
Treasury Solicitors a statement which might
serve as a guide to Colonial Governments in
future cases, showing the nature of the docu-
ments which should be sent to England, and
the course which should be pursued in order to
secure the committal here of any persons who
might have fled to this country from a British
Colony in order to escape from justice.
The Imperial Acts which bear upon this
subject, appear to be the Acts, 6 and 7 Vic-
toria, cap. 34, and the 16th and 17th Victoria,
cap. 118, copies of which are enclosed, and
from which it will be collected that under these
Acts the following steps are proper and neces-
sary to be observed.
-
A Warrant must have been issued against
the offender by some person having lawful
authority to issue it in that part of Her Ma-
jesty's dominions where the offence was com-
mitted. -
This Warrant must be sent to England
to be endorsed by the Secretary of State. -
But the Secretary of State cannot en-
dorse the seal or signature is the seal or signa-
ture of the person having lawful authority to
issue such Warrant (whose seal or signature
the same purports to be).
It is necessary, therefore, to send witnesses,
or affidavits, or both, sufficient for such proof. -
The Warrant must have been issued upon
depositions; and these depositions must be
clear sufficient to warrant the committal of
the offender for trial. -
Sufficient evidence must be forthcoming
in England before the Magistrate, to prove the
as, if the offence had been committed in Eng-
land, would have justified the Magistrate in
committing the offender for trial in this country.
But besides oral witnesses the Act 6 and 7
Victoria, cap. 34, enables the Magistrates to
receive, in evidence, copies of the depositions
upon which the original Warrant issued, pro-
vided that they are certified under the hand of
the person or persons who issued the Warrant,
and are attested upon the Oath of the party
producing them to be true copies of the original
depositions.
If it is intended therefore to offer the de-
positions in evidence, instead of, or in addition
to, oral testimony, they must be authenticated
as above mentioned.
I have, &c.,
NEWCASTLE.
Governor Sir George Grey,
&c., &c., &c.
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NZ Gazette 1863, No 10
✨ LLM interpretation of page content
🏛️ Despatch on Procedure for Apprehending Colonial Fugitives in England
🏛️ Governance & Central Administration12 March 1863
Despatch, extradition, offender apprehension, Imperial Acts, legal procedure, Downing-street
- READER WOOD, In the absence of Mr. DOMETT
- NEWCASTLE
- Governor Sir George Grey