A.—6

1880. NEW ZEALAND.

NEW ZEALAND FOREIGN OFFENDERS APPREHENSION ACT, 1863. (PAPERS RELATING TO THE CASE OF FREDERICK GLEICH.)

Presented' to both Houses of the General Assembly by Command of His 'Excellency.

Memoranda for His Excellency. The Premier presents his respectful compliments to the 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 misdemeanor 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 prepared, so that it may be transmitted to the Secretary of State for the Colonies, as suggested by the AttorneyGeneral. Wellington, 29th December, 1879. John Hall.

Ministers present their respectful compliments to the Governor, and enclose a memorandum respecting the case of Frederick Glek-h, 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 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. H. A. Atkinson "Wellington, sth March, 1880. (In the absence of the Premier).

(Enclosures.) Memohanbum from the Solicitor- Genebal to the Hon. the Pbemiee. In accordance with your request I have prepared a statement of the facts appearing in the case of one Frederick GHeich, formerly of Adelaide, South Australia, and subsequently resident in Wellington, in this colony. Gleich, when in Adelaide, became bankrupt according to the bankrupt laws of South Australia, and absconded from that colony, taking with him, it was alleged, a large sum of money (£3,700) which belonged to his creditors. He arrived in Wellington in this colony and entered into business as an hotel-keeper. A warrant for his arrest was issued in Adelaide, and a constable from South Australia, with depositions taken before Justices of the Peace in Adelaide, came to Wellington for the purpose of procuring his arrest and return to South Australia. Under the provisions of an Act passed by the General Assembly of New Zealand intituled "The Foreign Offenders Apprehension Act, 1863," information was given to the police here, and proceedings were taken under this Act. Gleii-h was remanded to Her Majesty's Gaol in Wellington until a warrant could be issued by His Excellency the Governor, as is required by sections 5 and 6 of the Act above mentioned. Pending the issue of this warrant the Supreme Court granted a rule nisi to show cause why a writ of habeas corpus should not issue, and why he should not be discharged. The rule came on for argument before the whole of the Supreme Court Judges in the colony, who then happened to be in Wellington attending the Court of Appeal, and the Judges, by a majority, made the rule absolute ordering the prisoner to be discharged. The judgments as published in the New Zealand Times of the 31st May and 2nd June, 1879, are attached. The effect of this decision is to declare the Foreign Offenders Act ultra vires of the New Zealand Parliament, and also to declare that any person committing a misdemeanour in any of the Australian Colonies will be free from arrest should he arrive in New Zealand. The Imperial Act, 6 and 7 Viet., c. 34, provides for the apprehension of persons charged with felony, and it is therefore only so far as .misdemeanants are concerned that there is need of an extension of the remedy.