HC Deb 23 August 1881 vol 265 cc760-2

Bill, as amended, considered.

Clauses 1 to 4, inclusive, agreed to.

Clause 5 (Dealing with fugitive when apprehended).

Amendment proposed, in page 2, line 42, leave out "fourteen," and insert "seven days,"—(Mr. Hopwood,)—instead thereof.

Question proposed, "That the word proposed to be left out stand part of the Bill."

MR. COURTNEY

said, he would not oppose the Amendment, as it would be quite possible for a magistrate to remand a prisoner for two successive periods of seven days each.

Amendment agreed to.

Clause, as amended, agreed to.

Amendments made.

Clauses 6 and 7 agreed to.

Clause 8 (Sending back of persons apprehended, if not prosecuted within six months or acquitted).

MR. HOPWOOD

said, that the Bill provided that if a person be not prosecuted within six months of his arrival in this country the Secretary of State might, if he thought fit, send him back at the public expense. He thought the period of six months too long, and moved to substitute the word "three" for the word "six."

Amendments proposed, in page 3, line 36, to leave out the word "six," and insert the word "three,"—(Mr. Hopwood,)—instead thereof.

Question proposed, "That the word 'six' stand part of the Bill."

MR. COURTNEY

said, he could not accept the Amendment. It would not be safe to make three months the maximum period of detention, as a man might be brought to England in August, when he would necessarily have to wait three months for the Assizes.

Question put, and agreed to.

Clauses 9 to 18, inclusive, agreed to.

Clause 19 (Backing in one British possession of summons, &c. of witnesses issued in another possession of same group).

MR. HOPWOOD

moved, to insert in page 7, line 21, the words "insufficiency of evidence" among the reasons for which a magistrate may dismiss an application.

Amendment proposed, in page 7, line 21, after the word "case," to insert the words "or insufficiency of evidence."—(Mr. Hopwood.)

Question proposed, "That the words 'or insufficiency of evidence' be there inserted."

MR. COURTNEY

said, he thought the Amendment unnecessary, as the Bill already provided that the magistrate or other authority should require a primâ facie case to be made out.

Question put, and negatived.

Clause agreed to.

Clauses 20 and 21 agreed to.

Clause 22 (Trial of offence of false swearing or giving false evidence).

MR. HOPWOOD

said, that, according to the Bill, a man charged with falsely swearing, or making a false declaration, or fabricating evidence, might be tried in any part of Her Majesty's Dominions where such evidence was used, as well as in the place where the actual offence was committed. He moved to add after the word "used" the words "if he be there found."

Amendment proposed, in page 8, line 21, after the word "used," to insert the words "if he be found there."—(Mr. Hopwood.)

Question proposed, "That those words be there inserted."

MR. COURTNEY

said, he must oppose the Amendment; but he would suggest, as a compromise, that the clause should be so altered as to render it optional for such a case to be tried where the deposition was made, or where used, "as the justice of the case might require."

Amendment, by leave, withdrawn.

Amendments made.

Clause, as amended, agreed to.

Clauses 23 to 30, inclusive, agreed to.

Clause 31 (Power as to making and revocation of Orders in Council).

MR. HOPWOOD

said, he wished to move an Amendment to the effect that an Order in Council should not come into force until it had been laid before Parliament.

Amendment proposed, In page 12, line 13, to leave out from the word "shall," to the word "Parliament," in line 16, and insert the words "not come into force until it has been laid before Parliament,"—(Mr. Hopwood,) —instead thereof.

Question proposed, "That the words proposed to be left out stand part of the Bill."

SIR HENRY HOLLAND

trusted the Government would not accept the Amendment.

MR. COURTNEY

, on behalf of the Government, said, they were unable to accede to it.

Question put, and agreed to.

Bill read the third time, and passed, with Amendments.