Upon the expiration of the said fifteen days, or, if application for release is made after the decision of the High Court or the Administrator's Court upon such application as the case may be, or after such further period as may be allowed in either case by the High Commissioner, it shall be lawful for the High Commissioner, by warrant under his hand and seal, to order the fugitive criminal (if not delivered on the decision of the said Court) to be surrendered to such person as may in his opinion be duly authorized to receive the fugitive criminal by the foreign State from which the requisition for the surrender proceeded, and such fugitive criminal shall be surrendered accordingly.

It shall be lawful for any person to whom such warrant is directed, and for the person so authorized as aforesaid to receive, hold in custody, and convey within the jurisdiction of such foreign State the criminal mentioned in the warrant: and 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 laws of the territory may be retaken upon an escape.

Discharge of Persons Apprehended if not conveyed out of Territory within Two Months.

10. If the fugitive criminal who has been committed to prison is not surrendered and conveyed out of the territory within two months after such committal, or, if application for release is made after the decision of the Court upon such application it shall be lawful for the High Court or the Administrator's Court upon application made to it by or on behalf of the criminal, and upon proof that reasonable notice of the intention to make such application has been given to the High Commissioner to order the criminal to be discharged out of custody, unless sufficient cause is shown to the contrary.

Execution of Warrant of Magistrate.

11. The warrant of the magistrate issued in pursuance of this Proclamation may be executed in any part of the territory in the same manner as if the same had been originally issued or subsequently indorsed by a Magistrate having jurisdiction in the place where the same is executed.

Depositions to be Evidence.

12. Depositions or statements on oath, taken in a foreign State, and copies of such original depositions or statements, and foreign certificates of or judicial documents stating the fact of conviction, may, if duly authenticated, be received in evidence in proceedings under this Proclamation.

Authentication of Depositions and Warrants.

13. Foreign warrants and depositions or statements on oath, and copies thereof, and certificates of or judicial documents stating the fact of a conviction, shall be deemed duly authenticated for the purpose of this Proclamation if authenticated in manner provided for the time being by law or authenticated as follows:

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

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

(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 foreign 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 the Minister of Justice or some other Minister of State: And all Courts of Justice, Justices, 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.

Criminal Surrendered by Foreign State not Triable for previous Crime.

14. Where, in pursuance of any arrangement with a foreign State, any person accused or convicted of any crime which, if committed in the territory would be (by whatever name designated by the law of the territory) one of the crimes described in the first schedule to this Proclamation is surrendered by that foreign State, such person shall not, until he has been restored or had an opportunity of returning to such foreign State, be triable or tried for any offence committed prior to the surrender in any part of His Majesty's Dominions or Protectorates other than by such of the said crimes as may be proved by the facts on which the surrender is grounded.

As to the Use of Forms in Second Schedule.

15. The forms set forth in the second schedule to this Proclamation, or forms as near thereto as circumstances admit, may be used in all matters to which such forms refer, and when used shall be deemed to be valid and sufficient in law,

Power of Foreign State to obtain Evidence in Territory.

16. The testimony of any witness may be obtained in relation to any criminal matter pending in any Court or Tribunal in a foreign State in like manner as it may be obtained in relation to any civil matter under the Act of the session of the nineteenth and twentieth years of the reign of Her late Majesty, chapter 113, intituled "An Act to provide for taking evidence in Her Majesty's Dominions in relation to civil and commercial matters pending before foreign Tribunals";* which Act shall for this purpose apply to and be in force within the territory and all the provisions of that Act shall be construed as if the term " "Colony or possession" included a Protectorate, and as if the term "civil matter” included a criminal matter, and the term “cause included a proceeding against a criminal: Provided that nothing in this section shall apply in the case of any criminal matter of a political character.

Power of Taking Evidence for Foreign Criminal matters.

17. The High Commissioner may, by order under his hand require a Magistrate to take evidence for the purposes of any criminal matter pending in any Court or Tribunal in any foreign State; and the Magistrate upon the receipt of such order, shall take the evidence of every witness appearing before him for the purpose in like manner as if such witness appeared on a charge against some defendant for an indictable offence, and shall certify at the foot of the depositions so taken that such evidence was taken before him, and shall transmit the same to the High Commissioner; such evidence may be taken in the presence or absence of the person charged, if any, and the fact of such presence or absence shall be stated in such deposition.

Any person may, after payment or tender to him of a reasonable sum for his costs and expenses in this behalf, be compelled, for the purposes of this section, to attend and give evidence and answer questions and produce documents, in like manner and subject to the like conditions as he may in the case of a charge preferred for an indictable offence.

Every person who wilfully gives false evidence before a Magistrate under this section shall be guilty of perjury:

Provided that nothing in this section shall apply in the case of any criminal matter of a political character.

Foreign State includes Dependencies.

18. For the purposes of this Proclamation every constituent part of a foreign State and every Colony, Dependency, or Protectorate of and every vessel of that State, shall be deemed to be within the jurisdiction of and to be part of such foreign State.

* Vol. XLVI, page 559.

Definition of Terms.

19.* In this Proclamation, unless the context otherwise requires

Crime in respect of which Surrender may be granted.

The term "crime in respect of which surrender may be granted" means a crime which would be punishable by the law of the territory if committed in the territory, and which would (by whatever name designated by the law of the territory) be one of the crimes described in the first schedule to this Proclamation:

Provided that every person who is accused or convicted of having counselled, procured, commanded, aided or abetted the commission of any crime or of being accessory before or after the fact of any such crime, shall be deemed for the purposes of this Proclamation to be accused or convicted of having committed such crime and shall be liable to be apprehended and surrendered accordingly.

Conviction.

The terms "conviction" and "convicted" do not include or refer to a conviction which under foreign law is a conviction for contumacy, but the term "accused person" includes a person so convicted for contumacy.

Fugitive Criminal. Fugitive Criminal of a Foreign State.

The term "fugitive criminal" means any person accused or convicted of a crime in respect of which surrender may be granted committed within the jurisdiction of any foreign State who is in or is suspected of being in or on the way to some part of the territory, and the term "fugitive criminal of a foreign State" means a fugitive criminal accused or convicted of a crime in respect of which surrender may be granted, committed within the jurisdiction of that State.

Magistrate.

The term "Magistrate" includes an Acting Magistrate.

Diplomatic Representative.

The term "Diplomatic Representative of a foreign State" includes any person recognized by the High Commissioner as a Consul-General, Consul, or Vice-Consul, or the Officer administering the Government of any possession, Dependency, or Protectorate of that State.

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

Oath.

The term "oath" includes affirmation.

Warrant.

The term "warrant" in the case of any foreign State, includes any judicial document authorizing the arrest of a person accused or convicted of crime.

"Gazette."

The term "Gazette" means the "Official Gazette" of the High Commissioner for South Africa.

God Save the King!

Given under my hand and seal at Johannesburg, the 5th day of March, 1908.

(L.S.) SELBORNE, High Commissioner

By command of his Excellency the High Commissioner.
For Imperial Secretary,

W. G. BENTINCK.

THE FIRST SCHEDULE.

List of Crimes.

Murder and attempt and conspiracy to murder.

Manslaughter.

Counterfeiting and altering money and uttering counterfeit or altered

money.

Forgery, counterfeiting, and altering and uttering what is forged, or counterfeited or altered.

Embezzlement and larceny.

Obtaining money or goods by false pretences.

Offences by bankrupts against bankruptcy laws or any indictable offence under the laws relating to bankruptcy.

Fraudulent misappropriations and fraud by a bailee made criminal by any Act of Parliament or Ordinance for the time being in force.

Rape.

Abduction.

Child-stealing.

Burglary and house-breaking.

Arson.

Robbery with violence.

Threats by letter or otherwise with intent to extort.

Piracy by law of nations.

Sinking or destroying a vessel at sea, or attempting or conspiring to do so. Assault on board a ship on the high seas with intent to destroy life or to do grievous bodily harm.

Revolt or conspiracy to revolt, by two or more persons, on board a ship on the high seas against the authority of the master.

[1907-8. CI.]

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