Section 9, * The Extradition Act, 1870, and the Acts amending the same apply to the Colony.

(1) In the case of a fugitive criminal accused of a crime inrespect of which his surrender may be granted if the foreign warrant authorising the arrest of such criminal is duly authenticated, and such evidence is produced as (subject to the provisions of this Ordinance) would, according to the law of the Protectorate, justify the committal for trial of the prisoner, if the crime of which he is accused had been committed in the Protectorate, the Judge of the Supreme Court shall commit him to prison, but otherwise shall order him to be discharged. (2) In the case of a fugitive criminal alleged to have been convicted of a crime in respect of which his surrender may Committal or discharge of prisoner. Form 5. be granted if such evidence is produced as (subject to the provisions of this Ordinance) would according to the law of the Protectorate prove that the prisoner was convicted of such crime, the Judge of the Supreme Court shall commit him to prison, but otherwise shall order him to be discharged. (3) If he commits such criminal to prison he shall commit him to a prison or other place of safe custody in the Protectorate there to await the warrant of the Governor for his surrender, and shall forthwith send to the Governor a certificate of the committal and such report upon the case as he may think fit. Surrender of 10. (l) Ifthe Judge ofthe Supreme Court commits a fugitivefugitive criminal to criminal to prison, he shall inform such criminal that he will not £boreign Statef be surrendered until after the expiration of such a period not y warrant o b · l h fi_f d h G d · dGovernor. emg ess t an teen ays as t e overnor may etermme, an that he has a right to apply for a writ of habeas corpus. Application for a writ of habeas corpus shall be made to the Chief Justice of the Supreme Court. (2) Upon the expiration of the said period or, if a writ of habeas corpus is issued, after the decision of the Court upon the return to the writ, as the case may be, or after such further period as may be allowed in either case by the Governor, it shall Form 6. be lawful for the Governor, by warrant under his hand and seal, to o:rder the fugitive criminal (if not delivered on the decision of the Court) to be surrendered to such person as may in his opinion be duly authorised to receive the fugitive criminal, by the foreign State from which the requisition for the surrender proceeded, and such fugitive criminal shall be surrendered accordingly. Discharge of persons apprehended if not conveyed out of the Protectorate within two months. (3) It shall be lawful for any person to whom such warrant is directed and for the person so authorised as aforesaid to receive, hold in custody and convey within the jurisdiction of such foreign State the criminal mentioned in the warrant; and if the criminal escapes out of any custody to which he may be delivered on, or in pursuance of, such warrant, it shall be lawful to re-take him in the same manner as any person accused of any crime against the laws of the Protectorate may be re-taken upon an escape.