Extradition Act 1877 (SA)

ANNO QUADRAGESIMO ET QUADRAGESIMO PRIM0

VICTORIiTC REGINB.

No. 59.

An Act to provide for the more co?zvenie~zt Administration in the Province o f South Australia of " The Zxtradition Acts, 1870 and 1873."

[Assented to, 25th September, 1877. J

HEREAS by the Act of the Imperid l'arliarnent known as Preamble.

W The Extradition Act, 1870,'' it is amongst other thin S

enacted that the said Act when applied by Order in Council, sha 7 1,

unless it is otherwise provided by such Order, extend to every British possession, but with the following among other modificrt- tions, namely :-No warrant of a Secretary of State shall be re- quired, and all powers vested in, or Acts authorized or required 20 be done under the said Act by the Police Magistrate and the Secretary of State, or either of them, in relation to the surrender of a fugitive criminal, may be done by the Governor of the British possession alone; and any prison in the British possession may be substituted for a prison in Middlesex: And whereas by tlie said Act it is also enacted that-If by any Law or Ordinance made before or after the passing of the said Act, by the Legislature of any British possession, provision is made for carrying into effect, within such possession, the surrender of fugitive criminals who are

whereas

in, or suspected of being in, such British possession, Her Majesty

mayy, by the Order in Council applying the said Act in the case of

any foreign state, or by any subsequent Order, either suspend the

operation within any such British possession of the said Act, or

any part thereof, so far as it relates to such foreign state, and so

long as such Law or Ordinance continues in force there, and no lon er; or direct that such Law or Ordinance, or any part thereof, sha f 1 have effect in such British possessioa, with or without modi- fications and alterations, as if it were part of the said Act: And

whereas by another Act of thc Imperial Parliament known as "The Extradition Act, 1873," it is enacted that the said Act shall be construed ;-M onc with "The Extraditioiz Act, 1870," and that the said two Acts may he cited together as " Thc Extradition Acts, 1870 and 1873:" Atid whereas it is expedient t u provide for the more convenient ~dministratiotl, w i t l h the Province of' South Australia, of " Thc Extradition Acts! 1870 snJ 1873," by conferring on the Justices of the Peace of the said l'rovince the like powers and authorities in relation to the surrender of fingitive criminals as are by the said Acts vested in Police Magistrates and Justices of the Peace in the United Kingdonl-.Xc it therefore Enacted by the Governor of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of' the said Province, in this present Parliament as- sembled, as follows:

Short title, 1. This Act may be cited as The Extradition Act, 1877 ."

Powere of Police 2. All powers vested in and acts authorized or required to be

M~8"'nteainre*a-	lation to Extradition	done by a Police Magistrate or any Justice of the Peace in relation
under the Imperid	to the surreudor of fugitive criminals in the IJniteti Kingdom,
Acts.	under '' The Extradition Acts 1870 and 1873," are hereby vested in, and may in the said Province be exercised and done by, any Justice of the Peace, in relation to the surrender of fugitive criminals under the said Acts.
Suspending clause.	3. This Act shall not come lnto operation until HCY Majesty shall by Order in Council direct that this Act shall have eEect within the said Province as if i t were part of "The Extradition Act, 1870," but this Act shdl thereafter come into operation as soon as such Order in Council shall have been publicly madc known in the said Province.

In the name ancl on behalf of Her Majesty X hereby assent to this Bill.

S. J. WAY, Administrator.

Adelaide : By authority, W, C. Cox, Government Printer, North-terrace.