The Queensland Criminal Reports : Being a Reprint of All Criminal Cases Reported in the Supreme Court Reports, Vols. 1 to 5 (1860-1881), the Queensland Law Journal And Notes of Cases, Vols. I. to Xi. (1881 to 1901), And the Queensland State Reports And We

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mittal under a warrant purporting to be issued under The Ex- tradition Act of 1870. That Act provides that when a fugitive criminal is committed to prison he is not to be surrendered until after the expiration of fifteen days, during which he may apply for a writ of habeas corpus. Nothing is said as to the grounds upon which the Court that issues the writ is to decide the case.
That seems to be left very much at large. I suppose the intention is that the Court before whom the matter comes, is t
...o enquire whether the fugitive criminal is liable to extradition under the provisions of the Act. In the present case a rule nisi has been granted, and the ■writ has not been formally issued. The con- tention made by the prisoner is that this Court is bound to act upon the assumption that there is no extradition treaty in exist- ence between Great Britain and the Netherlands, because the treaty was not formally proved before the police magistrate who committed him for extradition. But is that the law ?

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