FUGITIVE OFFENDERS ACT, 1881

FUGITIVE OFFENDERS ACT, 1881

2-THE FUGITIVE OFFENDERS ACT.

Order in council, 12th December,1885

At the Court at windsor, the 12th day of Devember 1885.

PRESENT:

The Queen's Most Excellent Majesty in coucil.

WHEREAS by reason of th ocntiguityof the group of British possessions
hereinafter mentioned and the frequent intercommunication between






those possessions it seems expedient to Her Majesty and conducive to
the better administration of Justice therein, to apply Part II of the
Fuhitive Offenders Act, 1881, thereto.

NOW, THEREFORE, Her Majesty, by virtue of the powers in this behalf by
the Fugitive Offenders Act, 1881, or otherwise vested in Her Majesty, is
pleased, by and with the advice of Her Privy Council, to order, and it is
hereby ordered as follows:-

1. On and after the 1st day of July, 1886, Part II of the Fugitive
Offenders Act, 1881, shall apply to the group of British possessions
hereunder mentioned, that is to say : -
The Straits Settlements.
Hongkong.
Labuan.

2. The Governors of the Straits Settlements, Hongkong and Labuan
shall cause this Order to be proclaimed in the Colonies under their
respective Governments.

ACT OF 1881-44 & 45 VIOT. c. 69:-

An Act to amend the Law with respect to Fugitive Offenders in
Her Majesty's Dominions, and for other purposes connected
with the Trial of Offenders. 127th August, 1881.]

1. This Act may be cited as the Fugitive Offenders Act, 1881.

PART I.
RETURN OF FUGITIVES.
2. Where a person accused of having committed an offence (to which
this part of this Act applies) in one part of Her Majesty's Dominions
has left that part, such person (in this Act referred to as a fugitive
from that part) if found in another part of Her Majesty's Dominions,
shall be liable to be apprehended and returned in manner provided by
this Act to the part from which he is a fugitive.
A fugitive may be so apprehended under an endorsed warrant or a
provisional warrant.

3. Where a warrant has been issued in one part of Her Majesty's
Dominions for the apprehension of a fugitive from that part, any of the
following authorities in another part of Her Majesty's Dominions in or
on the way to which the fugitive is or is suspected to be; (that is to
say) :-
(1) A Judge of a superior Court in such part; and





(2) In the United Kingdom a Secretary of State and one of the
Magistrates of the Metropolitan Police Court in Bow Street; and
(3) In a British possession the Governor of that possession,
if satisfied that the warrant was issued by some person having lawful
authority to issue the saine, may endorse such warrant in manner
provided by this Act, and the warrant so endorsed shall be a sufficient
authority to apprehend the fugitive in the part of Her Majesty's
Dominions in which it is endorsed, and bring him before a Magistrate.

4. A Magistrate of any part of Her Majesty's Dominions may issue
a provisional warrant for the apprehension of a fugitive who is or is
suspected of being in or on his way to that part on such information,
and under such circumstances, as would in his opinion justify the issue
of a warrant if the offence of which the fugitive is accused had been
committed within his jurisdiction, and such warrant may be backed and
executed accordingly.
A Magistrate issuing a provisional warrant shall forthwith send a re-
port of the issue, together with the information or a certified copy
thereof, if he is in the United Kingdoin, to a Secretary of State, and
if he is ih a British possession, to the Governor of that possession, and
the Secretary of State or Governor may, if he think fit, discharge the
persou. apprehended under such warrant.

5. A fugitive when apprehended shall be brought before a Magistrate,
who (subject to the provisions of this Act) shall hear the case in the
same inamier and have the same jurisdiction and powers, as near as
may be (including the power to remand and admit to bail), as if the
fugitive were charged with an ofTence committed within his jurisdic-
tion.
If the endorsed warrant for the apprehension of the fugitive is duly
authenticated, and such evidence is produced as (subject to the pro-
visions of this Act) according to the law ordinarily administered by the
Magistrate, raises a strong or probable presumption that the fugitive
committed the ofYon(,e mentioned in the warrant, and that the offence is
one to which this part of this Act applies, the Magistrate shall commit
the fugitive to prison to await his return, and shall forthwith send a
certificate of the cominittal and such report of the case as he may think
fit, if in the United Kingdom to a Secretary of State, and if in a British
possession to the Governor of that possession.
Where the Magistrate commits the fugitive to prison he shall inform
the fugitive that he will not he surrendered until after the expiration of
15 days, and that he has a right to apply for a writ of habeas coi-pus,
or other like process.
A fugitive apprehended on a provisional warrant may be from time
to time remanded for such reasonable time not exceeding 7 days at any





.one time as under the circumstances seems requisite for the production
of an endorsed warrant.

(3.-Upon the expiration of 15 days after a fugitive has been committed
to prison to await his return, or if a writ of habeas corpus or other like
process is issued with reference to such fugitive by a superior Court,
after the final decision of the Court in the case,

(1) if the fugitive is so committed in the United Kingdom, a Secretary
of State ; and

(2) if the fugitive is so committed in a British possession, the Gov-
ernor of that possession,
may, if he thinks it just, by warrant under his hand order that
fugitive to be returned to the part of Her Majesty's Dominions from
which he is a fugitive, and for that purpose to be delivered into the
custody of the persons to whom the warrant is addressed, or some one or
more of them, and to be held in custody, and conveyed by sea or other-
wise to the said part of Her Majesty's Dominions, to be dealt with there
in due course of law as if he had been there apprehended, and such
warrant shall be forthwith executed according to the tenor thereof.

The governor or other chief officer of any prison, on request of any
person having the custody of a fugitive under any such warrant, and on
payment or tender of a reasonable amount for expenses, shall receive
such fugitive and detain him for such reasonable time as may be re-
quested by the said person for the purpose of the proper execution of the
warrant.

7. If a fugitive who, in pursuance of this part of this Act, has been
committed to prison in any part of Her Majesty's Dominions to await his
return, is not conveyed out of that part within one month after such com-
mittal, a superior Court, upon application by or on behalf of the fugitive,
and upon proof that reasonable notice of the intention to make such
application has been given, if the said part is the United Kingdom to a
Secretary of State, and if the said part is a British possession to the
Governor of the possession, may, unless sufficient cause is shown to the
contrary, order the fugitive to be discharged out of custody.

8. Where a person accused of an offence and returned in pursuance of
this part of this Act to any part of Her Majesty's Dominions, either is not
prosecuted for the said offence, within 6 months after his arrival in
that part, or is acquitted of the said offence, then if that part is the
United Kingdom a Secretary of State, and if that part is a British
possession, the Governor of that possession may, if he think fit, on the
request of such person, cause him to be sent back free of cost and with
as little delay as possible to the part of Her Majesty's Dominions in or
on his way to which he was apprehended.






9. This part of this Act shall apply to the following offences, namely,
to treason and piracy, and to every offence, whether called felony,
misdemeanor, crime, or, by any other name, which is for the time being
punishable in the part of Her Majesty's Dominions in which it was
committed, either on indictment or information, by imprisonment with
hard labour for a term of 12 months or more, or by any greater
punishment: and for the purposes of this section, rigorous imprison-
ment, and any confinement in a prison combined with labour, by
whatever name it is called, shall be deemed to be imprisonment with
hard labour.

This part of this Act shall apply to an offence notwithstanding that
by the law of the part of Her Majesty's Dominions in or on his way to
which the fugitive is or is suspected of being it is not an offence, or not
an offence to which this part of this Act applies ; and all the provisions
of this part of this Act, including those relating to a provisional warrant
and to a committal to prison, shall be construed as if the offence were
in such last-mentioned part of Her Majesty's Dominions an offence to
which this part of this Act applies.

10. Where it is made to appear to a superior Court that by reason of
the trivial nature of the case, or by reason of the application for the
return of a fugitive not being inade in good faith in the interests of
justice or otherwise, it would, having regard to the distance, to the
facilities for communication, and to all the circumstances of the case,
be unjust or oppressive or too severe a punishment to return the fugitive
either at all or until the expiration of a certain period, such Court may
discharge the fugitive, either absolutely or on bail, or order that he shall
not be returned until after the expiration of the period named in
the order, or may make such other order in the premises as to the Court
seems just.

11. In Ireland the Lord Lieutenant or Lords Justices or other chief
Governor or Governors of Ireland, also the Chief Secretary of such
Lord Lieutenant, may, as well as a Secretary of State, execute any por-
tion of the powers by this part of this Act vested in a- Secretary of
State.

PART IL
INTER-COLONIAL BACKING OF WARRANTS, AND OFFENCES.
Application of Part of Act.
12. This part of this.Act shall apply only to those groups of British
possessions to which, by reason of their contiguity or otherwise, it may
seem expedient to Her Majesty to apply the same.
It shall be lawful for Her Majesty from time to time by Order in
Council to direct that this part of this Act shall apply. to the group of





.British possessions mentioned in the Order, and by the same or any
subsequent Order to except certain offences from the application of this
part of this Act., and to limit the application of this part of this Act by
suell conditions, exceptions, and qualifications as may be deemed ex-
pedient.
Backing of Warrants.
13. Where in a British possession of a group to which this part of
this Act applies, a warrant has been issued for the apprehension of a
person accused of an offence punishable by law in that possession, and
such person is or is suspected of being in or on the way to another
British possession of the same group, a Magistrate in the last-mentioned
possession, if satisfied that the warrant was issued by a person having
lawful authority to issue the same, may endorse such warrant in manner
provided by this Act, and the waria nt so endorsed shall be a sufficient
authority, to apprehend, within the jurisdiction of the endorsing
31amstrate, the person named in the warrant, and bring him before the
endorsing Magistrate or some other Magistrate in the same British pos-
session.

11. The Magistrate before whom. a person so apprehended is brought,
if he is satisfied that the warrant is duly authenticated as directed by
this Act and was issued by a person having lawful authority to issue
the same, and is satisfied on oath that the prisoner is the person named
or otherwise described in the warrant, may order such prisoner to be
returned to the British possession in which the warrant was issued, and
for that purpose to be delivered into the custody of the persons to whom
the warrant is addressed, or any one or more of them, and to be held
in custody and conveyed by sea or otherwise into the British possession
in which the warrant was issued, there to be dealt with according to
law as if he had been there apprehended. Such order for return may be.
made, by warrant under the hand of the Magistrate making it, and may
be executed according to the tenor thereof.
A Mauistrate shall, so far as is requisite for the exercise of the powers
of this section, have the same power, including the power to remand

and admit to bail a prisoner, as he has in the case of a person apprehended
under a warrant issued by him.

15. Where a person required to give evidence on behalf of the pro-
secutor or defendant on a charoe for an offence punishable by law in a
British possession of a group to which this part of this Act applies, is or
is suspected of being in or on his way to any other British possession of*
the same group, a Judge, Magistrate, or other officer who would have
lawful authority to issue a summons, requiring the attendance of such
witness, if the witness were within his jurisdiction, may issue a sum-
mons for the attendance of such witness, and a Magistrate in any other





British possession of the same group, if satisfied that the suinmons was
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 lie 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.

16. A Magistrate in a British possession of a group to which this part
of this Act applies, before the endorsement in pursuance of this part of
this Act of a warrant for the apprehension of an y person, may issue a
provisional warrant for the apprehension of that person, on such inform-
ation and under such circumstances <is 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 coin-
mitted within his jurisdiction, and such warrant may bc Lacked 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 thne as may under the
circumstances seem requisite.

17. If a prisoner in a British possession whose return is authorised in
pursuance of this part of this Act is not conveyed out of that possession
within one month after the date of the warrant ordering his return, a
Magistrate or a superior Court, upon application by or on behalf of the
prisoner, -and upon proof that reasonable notice of the intention to make
such application has been given to the person holding the warrant and
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.

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





19. Where the return of a prisoner is sought or ordered under this
part of this Act, and it is made to appear to a superior Court that by
reason of the trivial nature of the case, or by reason of the application for
the return of such prisoner Dot being made in good faith in ' the interests
of justice or otherwise, it would, having regard to the distance, to the
facilities of communication, and to all the circumstances of the case be
unjust or oppressive, or too severe a punishment, to return the prisoner
either at all or until the expiration of a certain period, the Court or
Magistrate may discharge the prisoner either absolutely or on bail, or order
that he shall not be returned until after the expiration of the period named
in the order, or may make such other order in the premises as to the
Magistrate or Court seems just.
Any order or refusal to make an order of discharge by a Magistrate
under this section shall be subject to an appeal to a superior Court.

PART Ill.
TRIAL, &C., OF OFFENCES.
20. Where two British possessions adjoin, a person accused of an
offence comniitted on or within. the distance of 500 yards from the com-
mon boundary of such possessions may be apprehended, tried, and
punished in either of such possessions.

21. Where an offence is committed on any person or in respect of any
property in or upon any carriage, cart, or vehicle whatsoever employed in
a journey, or on board any vessel whatsoever employed in a navigable
river, lake, canal, or inland navigation, the person accused of such offence
may be tried in any British possession through a part of which such
carriage, cart, vehicle, or vessel passed in the course of the journey or
voyage during which the offence was committed; and where the side, bank,
centre, or otl ier part of the road, river, lake, canal or inland navigation
alonc, which the carriage, cart, vehicle, or vessel passed in the course of
such journey or voyage is the boundary of any British possession, a per-
son may be tried for such offence in any British possession of which it is
the boundary:
Provided that nothing in this section shall authorise the trial for such
offence of a person who is not a British subject, where it is not shown
that the ollence was committed in a British possession.

22. A person accused of the offence (under whatever name it is
known) of swearing or making any false deposition, or of giving or
fabricating any false evidence, for the purposes of this Act, may be.tried
either in the part of ller Majesty's Dominions in which such deposition or
evidence is used, or in the part in which the same was sworn, made,
given, or fabricated, as the justice of the case may require,





23. Where any part of this Act provides for the place of trial of a
person accused of an offence, that offence shall, for in purposes of and
incidental to the apprehension, trial and punishment of such person,
and of and incidental to any proceedings and matters preliminary, in-
cidental to, or consequential thereon, and of and incidental to tile
jurisdiction of any Court, constable or officer with reference to sucli
offence, and to any person accused of such offence, be deemed to have
been committed in any place in which the person accused of the offence
can be tried for it; and such person may be punished in accordailce. with
the Courts (Colonial) Jurisdiction Act, 1874.

24. Where a warrant for the apprehension of a person accused of In
offence has been endorsed in pursuance of any part of this Act in any
part of Her Majesty's Dominions, or where any part of the Act provides
for the place of trial of a person accused of an offence, every Court and
Magistrate of the part in which the warrant is endorsed or the person
accused of the offence can, be tried shall have the same power of issuino.
a warrant to search for any properts alleged to be stolen or to be other-
wise unlawfully taken or obtained by such person, or otherwise to be the
subject of such offence, as the Court or Magistrate would have. if the pro-

perty had been. stolen or otherwise unlawfully taken or obtained, or the
offence had been. committed wholly within the jurisdiction of such Court
or Magistrate.

25. When a person is in legal custody in a British possession either
in pursuance of this Act or otherwise and such person 113 required to be
removed in custody to another place in or belonging to the same British
possession, such person, if removed by sea in a vessel belonging to Her
Majesty or any of Her Majesty's subjects, shall be deenied to continue in
legal custody until he reaches the place to which he is required to be
removed; and the provisions of this Act with respect to the retaking of a
prisoner who has escaped, and with respect to the trial and punishment
of a person guilty of the offence of escaping or attempting to escape, or
aiding or attempting to aid a prisoner to escape shall apply to the case
of -a prisoner escaping while being lawfully removed as aforesaid, in
like manner as if lie were being removed in pursuance of a warrant en-
dorsed in pursuance of this Act.

PART IV.
SUPPLEMENTAL.
Warrants and Escape.
26. An endorsement of a warrant in pursuance of this Act shall be
signed by the authority endorsing the same, and shall authorise all or any
of the persons named in the endorsement, and of the persons to whom
the warrant was originally directed, and also every constable, to execute





the warrant within the part of Her Majesty's Dominions or place within
which such endorsement is by this Act made a sufficient authority, by
apprehending the person named in it, and bringing him before some
Mac,istrate in the said part or place, whether the Magistrate named in
1
the endorsement or some other.

For the purposes of this Act every warrant, summons, subpo~na, and
process, and every endorsement made ill pursuance of this Act thereon,
shall remain in force, notwithstanding that the person signing the
warrant ol. such endorsement dies or ceases to hold office.

27. Where a fugitive or prisoner is authorised to be returned to any
part of Her Majesty's Dominions in pursuance of Part I or Part II of this
Act, such fugitive or prisoner may be sent thither in any ship belonging
to Her MaIesty or to any of her subjects.

For the purpose aforesaid, the authority signing the warrant for the
return may order the master of any ship belonging to any subject of Her
Majest's bound to the said part of.Her Majesty's Dominions to receive

and afford a passag and subsistence during the voyage to such fugitive
or prisoner, and to the person having him in custody, and to the
witnesses, so that such master be not required to receive more than one
fugitive or prisoner for every 100 tons of his ship's registered tonnage,
or more then one witness for every 50 toils of such tonnage.


The said authority shall endorse or cause to be endorsed upon the
agreement of the ship such particulars with respect to any fugitive
prisoner or witness sent in her as the Board of Trade from time to time
require.

Every such master shall on his ship's arrival in the said part of Her
Majesty's Dominions cause such fugitive or prisoner, if he is not in the
custody of any person, to be given into the custody of some constable,
there to be dealt with according to law. .

Every master who fails on payment or tender of a reasonable amount
for expenses to comply with an order made in pursuance of this section,
or to cause a fugitive or prisoner committed to his charge to be given
into custody as required by this section, shall be liable on summary con-
viction to a fine not exceeding which may be recovered in any part of
Her Majesty's Dominions in like manner as a penalty of the same amount
under the Merchant Shipping Act, 1854, and the Acts amending the
same.

23. If a prisoner escape, by breach of prison or otherwise, out of the
custody of a person, acting under a warrant issued or endorsed in
pursuance of this Act, he may be retaken in the same manner as a person
accused of a crime against the law of that part of Her Majesty's Dominions
to which he escapes may be retaken upon an escape.





A person guilty of the offence of escaping or of attempting to escape,
or of aiding or attempting to aid a prisoner to escape, by breach of prison
or otherwise, from custody under any warrant issued or endorsed in
pursuance of this Act, may be tried in any of the following parts of Her
Majesty's Dominions, namely, the part from which the prisoner is being
removed, and the part in which the prisoner escapes, and the part in
which the offender is found.

Evidence.
29. A Magistrate may take depositions for the purposes of this Act in
the absence of a person accused of an offence in like manner as he might
take the same if such person were present and accused of the offence
before him.

Depositions (Whether taken in the absence of the fugitive or otherwise)
and copies thereof, and official certificates of or judicial documents stat-
ing facts, may, if duly authenticated, be received in evidence in proceed-

ings under this Act.

Provided that nothing in this Act shall authorise the reception of any
such depositions, copies, certificates, or documents in evidence against a
person upon his trial for in offence.
Warrants and depositions, and copies thereof, and official certificates
of or judicial documents stating facts, shall be deemed duly authenticated
for the purposes of this Act if they are authenticated in manner provided
for the time being by law, or if they purport to be signed by or authen-
ticated by the signature of a Judge, -Magistrate, or officer of the part of
Her Majesty's Dominions in which the same are issued, taken, or made,
and are authenticated either by the oath of some witness, or by being
sealed with. tlie official seal of a Secretary of State, or with the public Seal
of a British possession, or with the official seal of a Governor of a British
possession, or of a colonial secretary, or of some secretary or minister ad-
ministering a department of the government of a British possession.

And all Courts and Magistrates shall take judicial notice of every such
seal as is in this section mentioned, and shall admit in evidence without
further proof the documents authenticated by it.

Miscellaneous.
30. The jurisdiction under Part 1 of this Act to hear a case and coin-
mit a fugitive to prison to await his return shall be exercised,-

(1) In England, by a Chief Magistrate of the Metropolitan Police Courts
or one of the other Magistrates of the Metropolitan Police Court at Bow
Street; and
(2) In Scotland, by the Sheriff or Sheriff Substitute of the county of
Edinburgh; and






(3) In Ireland, by one of the Police Magistrates of the Dublin Me-
tropolitan Police District ; and

(4) In a British possession, by any Judge, Justice of the Peace, or
other officer having the like jurisdictions as one of the Magistrates of the
Metropolitan Police Court in Bow Street, or by such other Court, Judge,
or Magistrate as may be from time to time provided by an Act or Ordi-
iiance passed by the Legislature of that possession.
If a fugitive is apprehended and brought before a Magistrate who has
no power to exercise the jurisdiction under this Act in respect of that
fugitive, that Magistrate shall order the fugitive to be brought before
some Magistrate having that jurisdiction, and such order shall be obeyed.

31. It shall be lawful for Fler Majesty in Council from time to time to
make Orders for the purposes of this Act, and to revoke and vary any
Order so made, and every Order so niade sliall while it is in force have
the same effect as if it were enacted in this Act.
An Order in Council made for the purposes of this Act shall be laid
before Parliament as soon as may be after it is made if Parliament is
then in session, or if not, as soon as inav be after the commencement of
the then next session of Parliament.

32. If the Legislature of a British possession pass any Act or
Ordinance-
(1) for defining the offences committed in that possession to which this
Act or any part thereof is to apply; or
(2) for determining the Court, Judge, Magistrate, officer, or person by
whom and the manner in which any jurisdiction or power under this Act
is to be exercised; or
(3) for payment of the costs incurred in returning a fugitive or a
prisoner, or in sending him back if not prosecuted or if acquitted, or
otherwise in the execution of this Act ; or
(4) in any manner for the carrying of this Act or any part thereof into
effect in that possession,
it shall be lawful for Her Majesty by Order in Council to direct, if it
seems to Her Majesty in Council necessary or proper for carrying into
effect the objects of this Act, that such Act or Ordinance, or any part
thereof, shall with or without modification or alteration be recognised and
given effect to throughout Her Majesty's Dominions, and on the high
seas as if it were part of this Act.

Application of Act.
33. Where a person accused of an offence can, by reason of the nature,
of the offence, or of the place in which it was committed, or otherwise, be,
under this Act or otherwise, tried for or in respect of the offence in more
than one part of Her Majesty's Dominions, a warrant for the apprehension





of such person may be issued in any part of Her Majesty's Dominions in -A
which he can, if he happens to be there, be tried; and each part of this
Act shall apply as if the offence had been committed in the part of Her
Majesty's Dominions where such warrant is issued, and such person may
be apprehended and returned in pursuance of this Act, notwithstanding
that in the place in which he is apprehended a Court has jurisdiction to
try him:

Provided that if such person is apprehended in the United Kingdoin, a
Secretary of State, and if he is apprehended in a British possession, the
Governor of such possession, may, if satisfied that, having regard to the
place where the witnesses for the prosecution and for the defence are to
be found, and to all the circumstances of the case, it would be conducive
to the interests of justice so to do, order such person to be tried in the
part of Her Majesty's Dominions in which lie is apprehended, and in
such case any warrant previously issued for his return shall not be
executed.

34. Where a person convicted bs, a Court in any part of Her Majesty's
Don-iinions of an offence cominitted either in Her Majesty's Dominions or
elsewhere is unlawfully at large before the expiration of his sentence, each.
part of this Act shall apply to such person, so far as is consistent with
the tenor thereof, in like manner as it applies to a person accused of the
like offence committed in the part of Her Majesty's dominions in which
such person was convicted.

35. Where a person accused of an offence is in custody in some. part of
Her Majesty's Dominions, and the offence is one for or in respect of whieb,
by reason of the nature thereof or of the place in which it was committed
or otherwise, a person may under this Act or otherwise be tried in Wine
other part of Her Majesty's Dominions, in such case a superior Court, and
also if such person is in the United Kingdom a Secretary of State, and if
he is in a British possession the Governor of that possession, if satisfied
that, having regard to the place where the witnesses for the prosecution
and for the defence are to be found, and to all the circurn stances of the
case, it would be conducive to the Interests of justice so to do, may by
warrant direct the removal of such offender to some other part of Hei.
Majesty's Dominions in which he can be tried, and the offender may be
returned, and, if not prosecuted or acquitted, sent back free of cost in like
manner as if he were a fugitive returned in pursuance of Part I of this
Act, and the warrant were a warrant for the return of such fugitive, and
the provisions of this Act. shall apply accordingly.

36. It shall be law ful for Her Majesty from time to time by Order in
Council to direct that this Act shall apply as if, subject to the conditions,
exceptions, and qualifications (if any) contained in the Order, any place





out of Her Majesty's Dominions in which Her Majesty has jurisdiction,
and which is narned in the Order, were a British possession, and to
provide for carrying into effect such application.

37. This Act shall extend to the Channel Islands and Isle of Man as if
they were part of England and of the United Kingdom, and the United
Kingdom and those islands shall be deemed for the purpose of this Act
to be one part of Her Majesty's Dominions ; and a warrant endorsed in
pursuance of Part I of this Act may be executed in every place in the
United Kingdom and the said islands accordingly.

38. This Act shall apply where an offence is committed before the
commencement of this Act, or, in the case of Part 11 of this Act, before
the applica;ion of that part to a British possession or to the offence, in
like manner as if such offence had been committed after such commence-
ment or application.

39. In this Act, unless the context otherwise requires,-

the expression ' British possession ' means any part of Her Majesty's
Dominions exclusive of the United Kingdoin, the Channel Islands, and
the Isle of Man; all territories and places within Her -Majesty's Do-
minions which are under one Legislature shall be deemed to be one
British possession and one part of Her Majesty's Dominions;
the expression ' Legislature,' where there are local Legislatures as well
as a central Legislature, means the central Legislature only;
the expression ' Governor ' means any person or persons administer-
ing the government of a British possession, and includes the Governor
and Lieutenant-Governor of any part of India;
the expression ' constable ' ineans, out of england any policeman or
officer having the like powers and duties as a constable in England
the expression ' Magistrate ' means, except in Scotland, any Justice of
the Peace, and in Scotland ineans a Sheriff or Sheriff Substitute, and*in
the Channel Islands, Isle of Man, and a British possession means any
person having authority to issue a warrant for the apprehension of per-
sons accused of offences and to commit such persons for trial ;
the expression ' offence punishable on indictnient means as regards
India, an offence punishable on a charge or otherwise
the expression ' oath ' includes affirmation or declaration in the case
of persons allowed by law to affirm or declare instead of swearing, and
the expression ' swear ' and other words relating to an oath or swearing
shall be construed. accordingly
the expression ' deposition ' includes any affida.vit, or affirmation, ro
statement made upon oath as above defined;
the expression ' superior Court ' means---
* As amended by 57 & .58 Vict. c. 56.

(1) in England, Her Majesty's Court of Appeal and High Court of
Justice; and
(2) in Scotland, the High Court of Justiciary ; and
(3) in Ireland, Her Majesty's Court of Appeal and Her Majesty's High
Court of Justice at Dublin ; and
(4) in a British possession, any Court having in that possession the
like criminal jurisdiction to that which is vested in the High Court of
Justice in England, or such Court or Judge as inay be determined by
any Act or Ordinance of that possession.
[ss. 40, 41, and schedule, rep. 57 & 58 Vict. c. 56.]
Short title. Liability of fugitive to be apprehended and returned. Endorsing of warrant for apprehension of fugitive. Act of 1881. Provisional warrant for apprehension of fugitive. Dealing with fugitive when apprehended. Act of 1881. Return of fugitive by warrant. Discharge of person apprehended if not returned within one month. Sending back of persons apprehended if not proscuted within six months or acquitted. Act of 1881. Offences to which this part of this Act applies. Powers of superior Court to discharge fugitive when case frivolous or return unjust. Power of Lord Lieutenant in Ireland. Application of part of Act to group of British possessions. Act of 1881. Backing in one British possession of warrant issued in another of same group. Return of prisoner apprehended udner backed warrant. Backing in one British possession of summons, &c., to witness issued in another possession of same group. Act of 1881. Provisional warrant in group of British possessions. Discharge of prisoner not returned within one month to British possession of same group. Sending back of prisoner not prosecuted or acquitteed to British possession of same group. Act of 1881. Refusal to return prisoner where offence too trivial. Offence committed on boundary of two adjoining British possessions. Offence committed on journey between two British possessions. Trial of offence of false swearing or giving false evidence. Act of 1881. Supplemental provision as to trial of person in any place. 37 & 38 Vict. C. 27. Issue of search warrant. Removal of prisoner by sea from one place to another. Endorsement of warrant. Act of 1881. Conveyance of fugitive and witnesses. [now 1894: 57 & 58 Vict. C. 60]. Escape of prisoner from custody. Act of 1881. Depositions to be evidence, and authentication of depositions and warrants. Provision as to exercise of jurisdiction by Magistrates. Act of 1881. Power as to making and revocation of Orders in Council. Power of Legislature of British possession to pass laws for carrying into effect this Act. Application of Act to offences at sea or triable in Act of 1881. Several parts of Her Majesty's Dominons. Application of Act to convicts. Application of Act to removal of person triable in more than one part of Her Majesty's Dominions. Application of Act to foreign jurisdiction. Act of 1881. Application of Act to Channel Island, and Isle of Man. Application of Act to past offences. Definition of terms: British possession. Legislature. Governor. Constable. Magistrate. Offence punishable on indictment. Oath. Deposition. Superior Court. Act of 1881.

Short title. Liability of fugitive to be apprehended and returned. Endorsing of warrant for apprehension of fugitive. Act of 1881. Provisional warrant for apprehension of fugitive. Dealing with fugitive when apprehended. Act of 1881. Return of fugitive by warrant. Discharge of person apprehended if not returned within one month. Sending back of persons apprehended if not proscuted within six months or acquitted. Act of 1881. Offences to which this part of this Act applies. Powers of superior Court to discharge fugitive when case frivolous or return unjust. Power of Lord Lieutenant in Ireland. Application of part of Act to group of British possessions. Act of 1881. Backing in one British possession of warrant issued in another of same group. Return of prisoner apprehended udner backed warrant. Backing in one British possession of summons, &c., to witness issued in another possession of same group. Act of 1881. Provisional warrant in group of British possessions. Discharge of prisoner not returned within one month to British possession of same group. Sending back of prisoner not prosecuted or acquitteed to British possession of same group. Act of 1881. Refusal to return prisoner where offence too trivial. Offence committed on boundary of two adjoining British possessions. Offence committed on journey between two British possessions. Trial of offence of false swearing or giving false evidence. Act of 1881. Supplemental provision as to trial of person in any place. 37 & 38 Vict. C. 27. Issue of search warrant. Removal of prisoner by sea from one place to another. Endorsement of warrant. Act of 1881. Conveyance of fugitive and witnesses. [now 1894: 57 & 58 Vict. C. 60]. Escape of prisoner from custody. Act of 1881. Depositions to be evidence, and authentication of depositions and warrants. Provision as to exercise of jurisdiction by Magistrates. Act of 1881. Power as to making and revocation of Orders in Council. Power of Legislature of British possession to pass laws for carrying into effect this Act. Application of Act to offences at sea or triable in Act of 1881. Several parts of Her Majesty's Dominons. Application of Act to convicts. Application of Act to removal of person triable in more than one part of Her Majesty's Dominions. Application of Act to foreign jurisdiction. Act of 1881. Application of Act to Channel Island, and Isle of Man. Application of Act to past offences. Definition of terms: British possession. Legislature. Governor. Constable. Magistrate. Offence punishable on indictment. Oath. Deposition. Superior Court. Act of 1881.

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