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e in, or suspected of being in, the Orange Free State or the South frican Republic, as the case may be. Such agreement or arrangeent shall be in conformity with the provisions of this Law, and in articular with the restrictions on the surrender of fugitive criminals ntained in this Law. Such arrangement shall provide for the etermination of it by either party to it after the expiration of a otice not exceeding one year.

6. Any such agreement or arrangement shall be published in the Government Gazette," and a copy thereof shall be laid before the Legislative Council of the Colony within six weeks after it is made, r if the Legislative Council be not then sitting, within six weeks of he then next meeting of the Legislative Council.

7. The following restrictions shall be observed with respect to he 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 haracter, or if he prove to the satisfaction of a Magistrate, or the Court before whom he is brought, or to the Colonial Secretary, 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 unless provison is made in the agreement or arrangement provided for under tais Law that the fugitive criminal shall not, until he has been restored or had an opportunity of returning to Natal or to some cter part of Her Majesty's dominions, be detained or tried in the Orange Free State or the South African Republic, as the case may be, for any offence committed prior to his surrender other than the extradition crime proved by the facts on which the surrender is

grounded.

(3.) A fugitive criminal who has been accused of some offence ithin the jurisdiction of any Court of Law in Natal, not being the offence for which his surrender is asked, or is undergoing sentence der any conviction in Natal, shall not be surrendered until after e has been discharged, whether by acquittal or on expiration of his sentence, or otherwise.

(4.) A fugitive criminal shall not, except on an application made by him or on his behalf, be surrendered until the expiration of afteen days from the date of his being committed to prison to await

is surrender.

8. Where in pursuance of any agreement or arrangement entered into under the provisions of this Law, any person accused or convicted of any crime which, if committed in Natal, would be one of the crimes described in the First Schedule of this Law, is surrendered by the Orange Free State or the South African Republic, such person shall not, until he has been restored or had an oppor

tunity of returning to such State, be triable or tried for any offence committed prior to the surrender in any place within the jurisdiction of any Court of Law in Natal other than such of the said crimes as may be proved by the facts on which the surrender is grounded.

9. The Colonial Secretary may, by order under his hand and seal, require a Magistrate to take evidence for the purposes of any criminal matter pending in any court or tribunal in the Orange Free State or the South African Republic, and the Magistrate, upon the receipt of such order, shall take the evidence of every witnes appearing before him for the purpose in like manner as if suc witness appeared on a charge against some defendant for an indict able offence, and shall certify at the foot of the depositions so take that such evidence was taken before him, and shall transmit th same to the Colonial Secretary; such evidence may be taken in the presence or absence of the person charged, if any, and the fact o such presence or absence shall be stated in such deposition. An person may, after payment or tender to him of a reasonable sum fo his costs and expenses in this behalf, be compelled, for the purpose of this section, to attend and give evidence and answer question and produce documents, in like manner and subject to the like cou ditions as he may in the case of a charge preferred for an indictable offence. Every person who wilfully gives false evidence before Magistrate under this section shall be guilty of perjury: Provided that nothing in this section shall apply in the case of any crimina matter of a political character.

10. The provisions of this Law shall take effect as regards the Orange Free State from the date of the publication as provided it section 5 of an Agreement or Arrangement with the Government the Orange Free State, and as regards the South African Republic from the date of such publication of an Agreement or Arrangement with the Government of the South African Republic. From an after the date of the publication of any such Agreement, but not until then, the Law No. 13, 1882, entitled "Law to amend the Law relating to the Extradition of Criminals," shall, as to the State to which the Agreement or Arrangement relates, be repealed.

11. Every fugitive criminal of the Orange Free State or the South African Republic who is in or suspected of being in Natal. shall be liable to be apprehended and surrendered in mauner provided by this Law, whether the crime in respect of which the surrender is sought was committed before or after the date of the taking effect of this Law, and whether there is or is not any concurrent jurisdiction in any Court in Natal over that crime.

12. A requisition for the surrender of a fugitive criminal for whose apprehension a warrant has been issued in either of the said

States, and who is in or is suspected of being in the Colony, shall be nade on behalf of the Government of the State seeking extradition of such criminal to the Colonial Secretary of this Colony. Upon receipt of such requisition the said Colonial Secretary may by order ander his hand signify to any Magistrate or Justice of the Peace that such requisition has been made, and require him to issue his warrant for the apprehension of the fugitive criminal. If the Colonial Secretary 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.

13. A warrant for the apprehension of a fugitive criminal, whether accused or convicted of crime, who is in or suspected of being in Natal, may be issued

(1.) By a Magistrate or Justice of the Peace on receipt, or upon the publication in the "Government Gazette," of the said order of the Colonial Secretary, and on such evidence as would in his opinion ustify the issue of the warrant if the crime had been committed, or the criminal convicted, in this Colony; and

(2) By a Magistrate or any Justice of the Peace 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 this Colony.

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

14. Every warrant for the apprehension of any fugitive criminal ball command that he be brought before some Magistrate. Where the warrant has been issued without the order of the Colonial Secretary, the Magistrate shall order the discharge of the fugitive. criminal unless, within such time as, having reference to the circumstances of the case, he may consider reasonable, the said Magistrate receives from the Colonial Secretary an order signifying that a requisition has been made for the surrender of such

criminal.

15. When a fugitive criminal is brought before the Magistrate, the said Magistrate shall hear the case in the same manner and have jurisdiction and powers as near as may be as if the prisoner were brought before him charged with an indictable offence committed in the Colony. The Magistrate shall receive any evidence

the same

which may be tendered to show that the crime of which the prisoner is accused or alleged to have been convicted is an offence of a political character, or is not an extradition crime.

16. In the case of a fugitive criminal accused of the commission of an extradition crime, if the warrant of the State making the requisition is duly authenticated, and such evidence is produced as (subject to the provisions of this Law) would according to the Law of the Colony justify the committal for trial of the prisoner if the crime of which he is accused had been committed in the Colony, 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 an extradition crime, if such evidence is produced as (subject to the provisions of this Law) would according to the Law of the Colony prove that the prisoner was convicted of such crime, the Magistrate shall commit him to prison, but otherwise shall order him to be discharged.

17. If the fugitive criminal is committed to prison he shall be committed to the principal gaol of the division, there to await the warrant of the Governor for his surrender. The Magistrate shall forthwith send a certificate of the committal to the Governor, with such report thereon as he may think fit.

18. If the Magistrate commits a fugitive criminal to prison he shall inform such criminal that he will not, except on application made by him or on his behalf, be surrendered until after the expiration of fifteen days, and that he has a right to apply to the Supreme Court for an order directing his discharge. Upon the expiration of the said fifteen days, or after the decision of the Supreme Court npon any such application for the discharge of such fugitive criminal as the case may be, and upon production of the certificate of committal, it shall be lawful for the Governor, by warrant under his hand and the public seal of the Colony, to order the fugitive criminal to be surrendered to such person as may in his opinion be duly authorized by the State from which the requisition for the surrender proceeded, to receive the fugitive criminal, and such fugitive criminal shall be surrendered accordingly. It shall be lawful for any person to whom such warrant is directed to receive, hold in custody, and convey the criminal mentioned in the warrant within the jurisdiction of the State to which he has been surrendered. The gaoler, or other chief officer of any gaol, on request of any person having the custody of a fugitive criminal under such warrant, and on payment or tender of a reasonable amount for expenses, shall receive such fugitive criminal and detain him for such reasonable time as may be requested by the said person for the purpose of the proper execution of the warrant. If the criminal escapes out of any custody to which he may be delivered on, or in pursuance of, such warrant, it

shall be lawful to retake him in the same manner as any person accused of any crime against the laws of the Colony may be retaken

upon an escape.

19. Where any person who shall have been committed under this Law to remain until delivered up pursuant to requisition shall not be delivered up pursuant thereto within two months after such committal, it shall in every case be lawful for the Supreme Court of this Colony, upon application by or on behalf of any person so committed, and after notice of the intention to make such application has been given to the Attorney-General, to order the person so committed to be discharged out of custody, unless sufficient cause is shown to the contrary.

20. Depositions or statements on oath taken in either of the aforesaid States, whether taken in the presence of the fugitive criminal or not, and copies of such original depositions or statements, and certificates of or judicial documents stating the fact of conviction, may, if duly authenticated, be received in evidence in proceedings under this Law.

21. Warrants of the said States and depositions or statements on oath or affrmation, and copies thereof, and certificates of or judicial documents stating the fact of a conviction, shall be deemed duly authenticated for the purposes of this Law, if authenticated in manner provided for the time being by law, or if authenticated as follows:

(1.) If the warrant purports to be signed by a Judge, Magistrate, or other officer of the State where the same was issued, authorized by law to issue warrants;

(2.) If the depositions or statements on oath or affirmation, or the copies thereof, purport to be certified under the hand of a Judge, Magistrate, or officer of the State where the same were taken, to be the original depositions and statements, or to be true copies thereof, as the case may be;

(3.) If the certificate of or judicial document stating the fact of conviction purports to be certified by a Judge, Magistrate, or officer of the State where the conviction took place; and

If in every case the warrants, depositions, statements, copies, certificates, and judicial documents (as the case may be) are authenticated by the oath of some witness, or by being sealed with the official seal of some officer of the Government of the State from which the requisition for surrender proceeded; and all Courts of Justice and Magistrates shall take judicial notice of such official seal, and shall admit the documents so authenticated by it to be received in evidence without further proof.

22. The forms set forth in the Second Schedule to this Law, or forms as near thereto as circumstances admit, may be used in all

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