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

oHAP, X11] LEGISLATION FOR THE DOMINIONS 1319 have authorized their detention elsewhere, as compared with their mere removal from the Colony, and the good offices of the Imperial Government had therefore to be invoked to legalize the transit over the seas. The Fugitive Offenders Act, 1881 (44 & 45 Vict. c. 69), which re-enacts earlier provisions (6 & 7 Viet. c. 34; 41 & 42 Vict. c. 67), sets up an elaborate system under which inter-imperial extradition is provided for by a procedure in the main identical with that which has been laid down in extradition cases. The need for an Imperial Act was obvious ; it seems fairly clear that without such an Act there would be no legal power of rendition of criminals as has been held by the High Court of Australia in a case which came before its notice.! Part ii of the Act proved a simpler procedure by the backing of warrants without the intervention of the Governor, which is required in lien of the intervention of the Secretary of State in this country in ordinary cases of extradition. Part iii of the Act provides for the exercise of Colonial jurisdiction by either Colony where an offence is committed on the boundary of the Colony or on a journey between two Colonies, subject to the rule that no person not a British subject shall be tried for an offence not committed in a British possession. It also provides that false evidence for the purpose of the Act may be punished either in the place where it was fabricated or in the place where it was given, and it provides that offences under these sections of the Act shall be punished on the principles laid down in the Colonial Courts Jurisdiction Act, 1874, under which the punishment to be awarded is that most similar to the English punishment of such an offence. S$. 25 of the Act legalizes the conveyance of a prisoner in a British ship from one part of a British possession to another, despite the fact that the vessel may be on the high seas during the voyage, a provision which seems to have escaped the notice of the Supreme Court " Brown v. Lizars, 2 C. L. R. 837; Hazelion v. Porter, 5 C. L. R. 445. Part ii is still no doubt in force in Australia, under the Order in Council of August 23, 1883. But it is in effect rendered needless by the Common- wealth legislation under s. 51 (xxiv) of the Constitution ; see Harrison Moore, Commonwealth of Australia,® pp. 481 seq. It is in force in South Africa under Orders of November 17. 1888. and December 12. 1891.

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