SECOND SCHEDULE.

Form of Order of High Commissioner to the Assistant Commissioner.

To the Assistant Commissioner at

Whereas in pursuance of an arrangement with in a notice in the " Gazette" dated the day of

has been made to me,

referred to a requisition

High Commissioner for South Africa, the Diplomative Representative of , for the , accused [or convicted] within the jurisdiction

late of

surrender of
of the commission of the crime of

of

Now I hereby, by this my Order under my hand and seal, signify to you that such a requisition has been made, and require you to issue your warrant for the apprehension of such fugitive, provided that the conditions of "The Fugitive Criminals Surrender Proclamation, 1908," relating to the issue of such warrant, are in your judgment complied with.

Given under the hand of the Undersigned, High Commissioner for South Africa, this day of

19.

High Commissioner.

Form of Warrant of Apprehension by Order of High Commissioner.

To all and each of the constables of the police force.

Whereas the High Commissioner for South Africa, by Order under his hand and seal, hath signified to me that requisition hath been duly made to him for the surrender of

late of

[or convieted] of the commission of the crime of jurisdiction of

,

accused within the

This is therefore to command you in His Majesty's name forthwith to apprehend the said pursuant to "The Fugitive Criminals Surrender Proclamation, 1908," wherever he may be found in the Territory of Swaziland and bring him before me or some other Assistant Commissioner to show cause why he should not be surrendered in pursuance of the said Proclamation for which this shall be your warrant. Given under my hand at

Form of Warrant of Apprehension without Order of High Commissioner.

To all and each of the constables of the police force.
Whereas it has been shown to the Undersigned that

of

crime of

late

is accused [or convicted] of the commission of the within the jurisdiction of

This is therefore to command you in His Majesty's name forthwith to apprehend the said and to bring him before me or some other Assistant Commissioner to be further dealt with according to law, for which this shall be your warrant.

Form of Warrant of Committal.

one of the constables of the police force of

and to the keeper of the

Be it remembered that on this

our Lord 19

day of

in the year of

late of

is brought before me,

an Assistant Commissioner for

to show cause why he should not be surrendered in pursuance of The Fugitive Criminals Surrender Proclamation, 1908," on the ground of his being accused [or convicted] of the commission of the crime of within the jurisdiction of and forasmuch as no sufficient cause has been shown to me why he should not be surrendered in pursuance of the said Proclamation. This is therefore to command you, the said constable, in His Majesty's name forthwith to convey and deliver the body of the said the custody of the said keeper of the you, the said keeper, to receive the said and him there safely to keep until he is thence delivered pursuant to the provisions of the said Proclamation, for which this shall be your warrant.

at

into

and

into your custody,

Given under my hand at

day of

Form of Warrant of High Commissioner for Surrender of Fugitive.

of

,

accused [or convicted] within the jurisdiction

was delivered into the custody of you
by warrant dated

the keeper of
to "The Fugitive Criminals Surrender Proclamation, 1908."

Now I do hereby, in pursuance of the said Proclamation, order you, the said keeper, to deliver the body of the said of the said

of any person or persons appointed by the said for which this shall be your warrant.

Given under the hand of the Undersigned, High Commissioner for South Africa, this

PROCLAMATION by the High Commissioner for South Africa for the Surrender of Fugitive Criminals in Barotziland-North-Western Rhodesia.

[No. 16.]

[March 5, 1908.]

WHEREAS it is expedient to make provision for the surrender of fugitive criminals in the territory within the limits of "The Barotziland (North-Western Rhodesia) Order in Council, 1899 (hereinafter referred to as "the Territory"):

Now, therefore, under and by virtue of the powers in me vested I do hereby declare, proclaim, and make known as follows:

Short Title and date of taking effect.

1. This Proclamation may be cited as "The Fugitive Criminals Surrender Proclamation, 1908," and shall have force *Vol. XCI, page 1133.

and take effect from the date of its publication in the "Gazette."

Where an Arrangement for Surrender of Criminals male
Proclamation to apply.

2. Where an arrangement has been made between His Majesty the King and the Ruler of a foreign State, under which the territory is to surrender to that State or to its Protectorates any fugitive criminals, the High Commissioner may by notice in the "Gazette" direct that this Proclamation shall apply in the case of that State during the continuance of the arrangement, and after such notice has been published in the “Gazette” this Proclamation shall, subject to the terms of the arrangement, apply accordingly. No such notice shall remain in force for any longer period than the arrangement, and the High Commissioner may by the same or any subsequent notice limit the application of this Proclamation, or render the operation thereof subject to such conditions, exceptions, and qualifications as may be deemed expedient.*

Restrictions on Surrender of Criminals.

3. The following restrictions shall be observed with respect to the surrender of fugitive criminals::

(1.) A fugitive criminal shall not be surrendered if the offence in respect of which his surrender is demanded is one of a political character, or if he prove to the satisfaction of the Magistrate before whom he is brought on habeas corpus, or any similar writ or proceeding, or to the High Commissioner, that the requisition for his surrender has in fact been made with a view to try or punish him for an offence of a political character;

(2.) A fugitive criminal shall not be surrendered to a foreign State unless provision is made by the law of that State, or by arrangement, that the fugitive criminal shall not, until he has been restored or had an opportunity of returning to the territory, be detained or tried in that foreign State for any offence committed prior to his surrender other than the crime proved by the facts on which the surrender is grounded;

(3.) A fugitive criminal who has been accused of some offence within His Majesty's jurisdiction not being the offence for which the surrender is asked, or is undergoing sentence under any conviction in the territory, shall not be surrendered until after he has been discharged, whether by acquittal or on expiration of his sentence or otherwise;

(4.) A fugitive criminal shall not be surrendered until the expiration of fifteen days from the date of his being committed to prison to await his surrender.

* See Notice No. 82. Page 887.

† Amended by Proclamation No. 52 of 1908. Page 891.

Liability of Criminal to Surrender.

4. Where this Proclamation applies in the case of any foreign State, every fugitive criminal of that State who is in or suspected of being in any part of the territory shall be liable to be apprehended and surrendered in manner provided by this Proclamation, whether the crime in respect of which the surrender is sought was committed before or after the coming into operation of this Proclamation, and whether there is or is not any concurrent jurisdiction in any Court of His Majesty's dominions or of the territory over that crime.

Order of High Commissioner for Issue of Warrant if Crime is not of a Political Character.

5. A requisition for the surrender of a fugitive criminal of any foreign State, who is in or suspected of being in the territory shall be made to the High Commissioner by some person recognized by the High Commissioner as a diplomatic representative of that foreign State. The High Commissioner may by order under his hand signify to a Magistrate that such requisition has been made, and require him to issue his warrant for the apprehension of the fugitive criminal.

If the High Commissioner is of opinion that the offence is one of a political character, he may, if he think fit, refuse to send any such order, and may also at any time order a fugitive criminal accused or convicted of such offence to be discharged from custody.

Issue of Warrant by Magistrate.

6. A warrant for the apprehension of a fugitive criminal, whether accused or convicted of crime, who is in or suspected of being in or on the way to the territory may be issued―

(1.) By a Magistrate on the receipt of the said order of the High Commissioner, and on such evidence as would, in his opinion, justify the issue of the warrant if the crime had been committed or the criminal convicted in the territory; and

(2.) By a Magistrate on such information or complaint and such evidence or after such proceedings as would in the opinion of the person issuing the warrant justify the issue of a warrant if the crime had been committed or the criminal convicted in that part of the territory in which he exercises jurisdiction.

Any Magistrate issuing a warrant under this section without an order from the High Commissioner shall forthwith send a report of the fact of such issue, together with the evidence and information or complaint, or certified copies thereof, to the High Commissioner, who may, if he think fit, order the warrant to be cancelled, and the person who has been apprehended on the warrant to be discharged.

A fugitive criminal apprehended on a warrant issued without

the order of the High Commissioner shall be discharged by the Magistrate, unless the Magistrate, within such reasonable time, as with reference to the circumstances of the case he may fix, receives from the High Commissioner an order signifying that a requisition has been made for the surrender of such criminal.

Hearing of Case and Evidence of Political Character of Crime.

7. When a fugitive criminal is brought before the Magistrate, the Magistrate shall hear the case in the same manner, and have the same jurisdiction and powers, as near as may be, as if the prisoner were brought before him charged with an indictable offence committed in the territory.

The Magistrate shall receive any evidence which may be tendered to show that the crimes of which the prisoner is accused or alleged to have been convicted is an offence of a political character, or is not a crime in respect of which his surrender may be granted.

Committal or Discharge of Prisoner.

8. In the case of a fugitive criminal accused of a crime in respect of which his surrender may be granted, if the foreign warrant authorizing the arrest of such criminal is duly authenticated, and such evidence is produced as (subject to the provisions of this Proclamation) would, according to the law of the territory justify the committal for trial of the prisoner if the crime of which he is accused had been committed in the territory, the Magistrate shall commit him to prison, but otherwise shall order him to be discharged.

In the case of a fugitive criminal alleged to have been convicted of a crime in respect of which his surrender may be granted if such evidence is produced as (subject to the provisions of this Proclamation) would according to the law of the territory prove that the prisoner was convicted of such crime, the Magistrate shall commit him to prison, but otherwise shall order him to be discharged.

If he commits such criminal to prison, he shall commit him to a prison or other place of safe custody in the territory there to await the warrant of the High Commissioner for his surrender, and shall forthwith send to the High Commissioner a certificate of the committal and such report on the case as he may think fit.

Surrender of Fugitive to Foreign State by Warrant of High
Commissioner.

9. If the Magistrate commits a fugitive criminal to prison, he shall inform such criminal that he will not be surrendered until after the expiration of fifteen days, and that he has a right to apply for his release if he can show good and sufficient ground therefor.