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accompanied Lord Carnarvon's circular despatch of the 6th December, 1876, would, if it had become law, have effected this object, as provision was made in it for the apprehension and return of fugitive misdemeanants. I have, &c, HERCULES ROBINSON. The Right Hon. Sir Michael Hicks Beach.
Enclosure 1 in No. 79. Memorandum for His Excellency. The Premier presents his respectful compliments to tho Governor, and forwards for His Excellency's perusal certain papers relating to the case of Frederick Gleich. 2. In a proceeding connected with that case the Supreme Court (all the Judges being present) decided that " The New Zealand Foreign Offenders Apprehension Act, 1863," was ultra vires, and, consequently, that a person guilty of a misdemeanour in any of the Australian Colonies will not be liable to arrest in New Zealand, supposing he makes his escape to this colony. 3. The Premier will, if His Excellency approves, direct that a statement of the case be be prepared, so that it may be transmitted to the Secretary of State for the Colonies, as suggested by the Attorney-General. Wellington, 29th December, 1879. John Hall.
Sub-Enclosure to Enclosure 1 in No. 79. Minute by His Excellency the Governor. I think it desirable that, as suggested by the Premier, a statement of this case should be prepared for transmission to the Secretary of State. In December, 1876, Lord Carnarvon sent out for the opinion of this Government the draft of a proposed Fugitive Offenders Bill which he intended to bring before the Imperial Parliament. This Bill, if it had become law, would have met a case like that of Gleich, as it provided for the apprehension and return of fugitive misdemeanants, as well as of felons. As I do not think the Bill has as yet become law, a statement of this case will illustrate the desirability of legislating on the subject with as little further delay as practicable. If the particulars of this case should suggest the necessity for any modification or alteration of the proposed enactment, the Solicitor-General will no doubt call attention to the point. I enclose, for facility of reference by the Solicitor-General (to be returned), a copy of Lord Carnarvon's despatch of 6th December, 1876, covering the draft Bill, with memoranda by Mr. Justice Richmond and Mr. Reid upon it ; also some valuable suggestions upon the Bill by the late Chief Justice of New South Wales which I sent Home from Sydney in April, 1877. 9th January, 1880. Hercules Robinson.
Enclosure 2 in No. 79. Memorandum for His Excellency. Ministers present their respectful compliments to the Governor, and enclose a memorandum respecting the case of Frederick Gleich and the judgment of the Supreme Court thereon. Papers as to the effect of this judgment —" The New Zealand Foreign Offenders Apprehension Act, 1863," being held to be ultra vires —were submitted to His Excellency under cover of the Premier's memorandum, No. 65, of 29th December; and Ministers have now the honor to advise that, in compliance with the Attorney-General's recommendation, the memorandum be forwarded to the Secretary of State for the Colonies with a request that, if necessary, the Imperial Government will provide a remedy.
Sub-Enclosure to Enclosure 2 in No. 79. [Vide A.-6, 1880.]
No. 80. Copy of a DESPATCH from Governor Sir Hercules Robinson, G.C.M.G., to the Eight Hon. Sir Michael Hicks Beach. (No. 12.) Government House, Wellington, Sir,— New Zealand, 22nd March, 1880. I have the honor to report that on the 19th March I received a telegraphic despatch from you, of which the following is a copy: — B—A. 1.
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