JL-r-No. IA,

4

DESPATCHES PROM THE SECRETARY OE STATE

Commissioners in each of Her Majesty's dominions to take affidavits and declarations receivable in evidence by the Courts by whom they have been appointed— false swearing being made perjury, triable and punishable either in the Colony or in the place, if it had Imperial tribunals, where the offence was committed. There is no reason why the New Zealand Legislature should not pass a law declaring that evidence taken out of the Colony in a particular way before particular persons or authorities shall be receivable as evidence in the Colony. On this point, therefore, no question of substance arises, though some little care is necessary in the language used. The further question, whether perjury committed in England or elsewhere, for the purpose of effecting an object in New Zealand, should be triable not only where the crime was committed but also where the object was to be effected, is part of a larger question respecting the places in which crimes committed in different parts of the Empire should be triable. Ido not think it desirable to take up the question of perjury independent of the more general question, on which I am not at present prepared to initiate legislation. It is, of course, within the power of the Colony to punish persons who attempt in New .Zealand to profit by such perjury. I have, &c, Governor Sir G. P. Bowen, G.C.M.G. KIMBERLEY.

No. 6. Copy of a DESPATCH from the Right Hon. Earl Granville to Governor (Circular.) Sir G- F. Bowen, G.C.M.G. Sir,— Downing Street, sth July, 1870. I have the honor to transmit to you, for your consideration and for that of your Responsible Advisers, a copy of a Draft Bill, now before Parliament, for amending the law relating to the Extradition of Criminals. You will observe that, under the 17th section, the Act, when applied by Order in Council to any Foreign State, will, unless it is otherwise expressly provided, extend to every British possession ; and though not anticipating that any Colony would seek to be exempted from the operation of the Act, I am desirous, before the passing of any Order in Council, to ascertain the views of yourself and your Ministers upon this question. It would be in the highest degree inconvenient, if not practically impossible, for Her Majesty's Government to carry on separate negotiations respecting extradition with each separate Colony; and the question for consideration in truth resolves itself into this, whether the Colony under your Government should remain without extradition relations with Foreign Powers, or whether it should be included in all the Imperial arrangements upon this subject. I trust that your Ministers will concur with me in thinking it very desirable that the Colony should not be excluded from the operation of the Act. I have, &c, The Officer Administering the Government GEANVILLE. of New Zealand.

Enclosure in No. 6. A Bill for amending the Law relating to the Extradition of Criminals. "Whereas it is expedient to amend the law relating to the surrender to foreign states of persons accused or convicted of the commission, of certain crimes within the jurisdiction of such states, and to the trials of criminals surrendered by foreign states to this country : Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : — Preliminary. 1. This Act may be cited as " The Extradition Act, 1870." 1 2. Where an arrangement has been made with any foreign state with respect to the surrender to such state of any fugitive criminals, Her Majesty may, by Order in Council, direct that this Act shall apply in the case of such foreign state. Her Majesty may, by the same or any subsequent order, limit the operation of the order, and restrict the same to fugitive criminals who are in or suspected of being in the part of Her Majesty's