Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 3)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896935311

URN:: urn:nbn:de:zbw-retromon-237672

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 3

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XII Seiten, Seiten 1102-1670

Digitisation:: 2022

Collection:: Economics Books

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Document type:: Multivolume work

Structure type:: Chapter

Title:: Part V. Imperial control over Dominion administration and legislation

Collection:: Economics Books

suaP. x11] LEGISLATION FOR THE DOMINIONS 1317 of the Imperial Government in passing an Order in Council applying the rules to cases of extradition between Great Britain and any specified foreign power. The Act thus legalizes not merely the arrest in the Colony, but detention outside on the high seas, a point necessary, as the Chief Justice of the Commonwealth pointed out in McKelvey v. Meagher: because of the territorial limitations of Colonial legislation. The Act also allows room for action by the local legislature ; there are two possibilities : either the local parliament may enact a complete code of extradition rules and then have that code given full effect by an Order in Council which suspends for the time being the Extradition Act in respect of that Dominion for such time only as the Act remains in force, or ‘the Legislature may confine its activity to provisions as to what Courts are to exercise the power of sommitting offenders, and so on. Or the Crown may merely act upon the Imperial Act as in Newfoundland? and the Trans- vaal. The former method is that adopted by Canada. In this matter Canada has had a curious history ; the Legislature of Upper Canada in 1833 (3 Will. IV. ¢. 7) authorized extra- dition without a treaty, and in 1843, when the Act (6 & 7 Vict. c. 76) to confirm the Ashburton Treaty of 1842 was passed, it was provided that its effect could be suspended in Canada by Order in Council if a Canadian Act were passed to give suitable powers ; this was done for the Province of Canada in 1849 and in 1868 (c. 94) for the whole of Canada. When the Imperial Act of 1870 was passed there was a desire in Canada to adopt the same plan respecting all extraditions as that in force under the statutes regarding the Ashburton Treaty, but there was long delay in acceding to this request, and Acts of 1873 and 1874, which were reserved, did not come into offect. But an Act of 1877 (c. 25), as amended in 1882 (c. 20), was ordered to be taken as suspending, while it remained in operation, the action of the Imperial law, and in 1888 a similar order was issued in respect of the Act of 1886 (c. 142) consoli- © (1906) 4 C. L. R. 265. » vs Stone v 2 In re Israel Goldstein, 1905 Newfoundland Decisions, 247 ; Stone v. Rez, [19061T. 8.855. Cf. Pigoott. Extradition, pp. 181 seq.

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