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.