Fugitive Offenders Act (Imperial).

New Zealand Police Gazette, Volume VIII, Issue 2, 23 January 1884, Page 11

Fugitive Offenders Act (Imperial).

Part 11. of “The Fugitive Offenders Act, 1881,” referred to in His Excellency’s Proclamation, dated 31st October, 1883, is published for general information : PART 11. Inter-colonial Backing op Warrants and Oppences. Application op Part op Act. Application of Part of Act to Group of British Possessions. 12. This part of this Act shall apply only to those groups of British possessions to which, by reason of their contiguity or otherwise, it may seem expedient to Her Majesty to apply the same. It shall be lawful for Her Majesty from time to time by Order - in Council to direct that this part of this Act shall apply to the group of British possessions mentioned in the Order, and by the same or any subsequent Order to except certain offences from the application of this part of this Act, and to limit the application of this part of this Act by such conditions, exceptions, and qualifications as may be deemed expedient. Backing op Warrants. Baching in One British Possession of Warrant issued in Another of same Group.

13. Where, in a British possession of a group to which this part of this Act applies, a warrant has been issued for the apprehension of a person accused of an offence punishable by law in that possession, and that such person is or is suspected of being in or on the way to another British possession of the same group, a Magistrate in the last-mentioned possession, if satisfied that the warrant was issued by a person having lawful authority to issue the same, may indorse such, warrant in manner provided by this Act, and the warrant so indorsed shall be a sufficient authority to apprehend, within the jurisdiction of the indorsing Magistrate, the person named in the warrant, and bring him before the indorsing Magistrate or some other Magistrate in the same British possession. lie,turn of Prisoner apprehended under Bached Warrant. 14. The Magistrate before whom a person so apprehended is brought, if he is satisfied that the warrant is duly authenticated as directed by this Act, and was issued by a person having lawful authority to issue the same, and is satisfied on oath that the prisoner is the person named or otherwise described in the warrant, may order such prisoner to be returned to the British possession in which the warrant was issued, and for that purpose to be delivered into the custody of the persons to whom the warrant is addressed, or any one or more of them, and to be held in custody and conveyed by sea or otherwise into the British possession in which the warrant was issued, there to be dealt with according to law as if he had been there apprehended. Such order for return may be made by warrant under the hand of the Magistrate making it, and may be executed according to the tenor thereof. A Magistrate shall, so far as is requisite for the exercise of the powers of this section, have the same power, including the power to remand and admit to bail a prisoner, as he has pi the case of a person apprehended under a warrant issued by him. Baching in One British Possession of Summons , dc., of Witness issued in Another Possession of same Group. 15. Where a person required to give evidence on behalf of the prosecutor or defendant on a charge for an offence punishable by law in a British possession of a group to which this part of this Act applies, is or is suspected of being in or on his way to any other British possession of the same group, a Judge, Magistrate, or other officer who would have lawful authority to issue a summons, requiring the attendance of

such witness if the witness were within his jurisdiction, may issue a summons for the attendance of such witness ; and a Magistrate in any other British possession of the same group, if satisfied that the summons was issued by some Judge, Magistrate, or officer having lawful authority as aforesaid, may indorse the summons with his name; and the witness, on service in that possession of the summons, so indorsed, and on payment or tender of a reasonable amount for his expenses, shall obey the summons, and in default shall be liable to be tried and punished either in the possession in which he is served or in the possession in which the summons was issued, and shall be liable to the punishment imposed by the law of the possession in which he is tried for the failure of a witness to obey such a summons. The expression “ summons ” in this section includes any subpoena or other process for requiring the attendance of a witness.

Provisiorml Warrant in Group of British Possessions. 16. A Magistrate in a British possession of a group to which this part of this Act applies, before the indorsement in pursuance of this part of this Act of a warrant for the apprehension of any person, may issue a provisional warrant for the apprehension of that person, on such information and under such circumstances as would in his opinion justify the issue of a warrant if the offence of which such person is accused were an offence punishable by the law of the said possession, and had been committed within his jurisdiction, and such warrant may be backed and executed accordingly : provided that a person arrested under such provisional warrant shall be discharged unless the original warrant is produced and indorsed within such reasonable time as may under the circumstances seem requisite. Discharge of Prisoner Not Returned within One Month to British Possession of same Group. 17. If a prisoner in a British possession whose return is authorized in pursuance of this part of this Act is not convoyed out of that possession within one month after the date of the warrant ordering his return, a Magistrate or a superior Court, upon application by or on behalf of the prisoner, and upon proof that reasonable notice of the intention to make such application has been given to the person holding the warrant and to the chief officer of the police of such possession or of the province or town where the prisoner is in custody, may, unless sufficient cause is shown to the contrary, order such prisoner to be discharged out of custody. Any order or refusal to make an order of discharge by a Magistrate under this section shall bo subject to appeal to a superior Court.

Sending-bach of Prisoner Not Prosecuted or Acquitted to British Possession of same Group. 18. Where a prisoner accused of an offence is returned in pursuance of this part of this Act to a British possession, and either is not prosecuted for the said offence within six months after his arrival in that possession or is acquitted of the said offence, the Governor of that possession, if he thinks fit, may, on the requisition of such person, cause him to be sent back, free of cost, and with as little delay as possible, to the British possession in or on his way to which he was apprehended. Refusal to return Prisoner where Offence too trivial. 19. Where the return of a prisoner is sought or ordered under this part of this Act, and it is made to appear to a Magistrate or to a superior Court that, by reason of the trivial nature of the case, or by reason of the application for the return of such prisoner not being made in good faith in the interests of justice or otherwise, it would, having regard to the distance, to the facilities of communication, and to all the circumstances of the case, be unjust or oppressive, or too severe a punishment, to return the prisoner either at all or until the expiration of a certain period, the Court or Magistrate may discharge the prisoner either absolutely or on bail, or order that he shall not be returned until after the expiration of the period named in the order, or may make such other order in the premises as to the Magistrate or Court seems just. Any order or refusal to make an order of discharge by a Magistrate under this section shall be subject to an appeal to a superior Court.

By Authority : Gbobgb Didsburx, Government Printer, Wellington.— >Bß4

Gaol. Name. Where Tried. When. Offence. Sentence. Native of Trade. Born. Height. Complexion. Hair. Eyes. Nose. Mouth. Chin. Remarks and Previous Convictions. Auckland... Richard Sarsfield ... Auckland ... Oct. to, 1883 having no visible law3 months’ labour ... Ireland ... cooper 1834 a 5 in. 5a fresh brown haze! medium medium medium Twenty-one previous convictions. Auckland... James Troy Cambridge .. • Nov. 20, 1883 assault and false pre6 weeks’ labour N.S. Wales groom 1S33 5 si sallow brown blue medium medium medium Five previous convictions. Scar on right Auckland... Ellen Curtis, alias Laird Coromandel Oct. 6, 18S3 larceny 3 months’ labour ... Ireland ... 1865 5 0 swarthy dark brown grey medium medium medium arm and back of neck. Seven previous convictions. Auckland ... Elizabeth McGinn ... Auckland ... Dec. 6, 1883 breach of Contagious t month’s labour ... Ireland ... 1856 S 6 fair, reddish grey medium medium medium Scar on left knee. Auckland... Reginald B. Fitzpatrick Auckland ... Dec. 28, 1883 larceny 7 days’ labour Ireland ... bootmaker 1846 S 3 freckled fresh brown black grey medium medium medium Deaf; left hand off. Auckland ... Auckland ... Bridget Doherty ... Mary O’Brien Auckland ... Auckland ... Dec. 26, 1883 May 4, 1883 obscene language ... having no visible law14 days’ labour 9 months’ labour ... Ireland _ ... Tasmania 1834 1851 S 4 4 II fresh fresh brown brown hazel grey medium medium medium medium medium medium Six previous convictions. Twenty-eight previous convictions. Auckland... Robert Elmes Auckland ... Jan. 5, 1S84 embezzling ship’s 14 days’ labour England ... sailor 1862 S 2 fresh brown hazel medium medium medium Two flags, heart, and star on right arm. Auckland... Edward Holdgate ... Auckland ... Jan. s, 1884 embezzling ship’s cargo habitual drunkenness 14 days’labour England ... sailor 1861 S 5* fresh light brown grey medium medium medium Wristlet and EH on right arm; RCT Addington Ellen Mitchell, alias Lyttelton ... Oct. i, 1883 3 months’ labour ... Ireland ... prostitute 1831 5 2I fresh brown grey long medium medium on left arm. Repeatedly convicted. Addington Addington Addington Mary Brown Ann Dell Ellen Parkson, alias Parkinson, alias Christchurch Christchurch Christchurch Dec. 24, 1883 Dec. 31, 1883 Dec. 26, 1883 habitual drunkenness larceny (2 charges) pbscene language ... 14 days’ labour 7 days’ labour fined £2, or 14 days’ labour India Scotland ... Ireland ... matron ... matron ... prostitute 1842 1838 1850 .3 5 5 3^ 2 fresh swarthy fresh black black black haze! brown dk. blue turned up medium medium medium medium medium long medium medium Repeatedly convicted. Scar on upper lip and under right eye. Repeatedly convicted. Addington Addington Addington Danby Alfred White Martin McClure ... John Talbot, alias Arthur Latton Christchurch Ashburton ... Christchurch Dec. 26, 1883 Dec. 29, 18S3 Jan. 7, 1884 illegally on premises assault robbery with violence 14 days’ labour 14 days’imprisonment in default of sureties to keep the peace bill ignored England ... Ireland ... England ... labourer ... farmer and carpenter cook and painter 1839 1841 1S5S 5 5 S 8} 7 i ■i fresh sandy sallow black brown dark brown brown blue hazel long medium medium medium medium medium medium medium medium One previous conviction. “ Mary Me” within circle, ship, crucifix, heart, &c., on left arm; bracelets on wrists; blue mark on right arm. Previously convicted. Cross on right arm ; blue marks on left arm ; wart on right hand; scar on left side of foreAddington Sarah Hazelhurst ... Christchurch Jan. 7, 1884 breach of Contagious 7 days’ labour England ... prostitute 1855 S ii fresh brown blue medium medium heavy head. Five previous convictions. Nelson Nelson Nelson N. Plymouth Wellington Thomas Gouren George Baker George Harold George Neilson Harry Susan Nelson Nelson Nelson N. Plymouth Masterton ... Dec. 28, 1883 Jan. 2,4884 Jan. 3,18S4 Aug. 10,1883 Nov. 1,1883 assaulting a constable being an idle and disorderly person obstructing police ... larceny assault 7 days’ labour 7 days’ labour 7 days’ labour 5 months’ labour ... 2 months’ labour ... England ... England .. England ... Denmark England ... cook labourer ... miner labourer ... labourer ... 1838 1846 1846 1859 1832 5 S S 5 5 6i ii 3* 6 7a fresh fresh swarthy fair sandy light brown brown black brown sandy grey hazel dk. hazel blue hazel broken broken, flat medium medium large, . medium medium medium medium medium medium medium medium medium medium Scars on right wrist, right cheek, and over left knee; bald. Scar on right forearm. One previous conviction. Wellington Thomas Greenaway Wellington Dec. 26, 1883 absent from ship 7 days’ labour England ... fireman ... 1833 5 4 fresh brown blue aquiline medium medium medium Part of anchor tattooed on left arm. Wellington Wellington William Hoiden Peter Hare Wellington 1 Wellington Dec. 26, 1SS3 Dec. 27, 1883 absent from ship without leave absent from ship without leave absent from ship 7 days’ labour 7 days’ labour England ... Ireland ... fireman ... fireman ... 1857 1857 5 5 3 7l fresh dark brown dark hazel hazel medium medium medium medium medium medium Wellington Thomas Worth Wellington Dec. 27, 1883 7 days’ labour England ... sailor 1845 s Al fresh light brown It. hazel medium medium medium Coat-of-arms and ship on right arm; Wellington Wellington William Joynt Edward Dillon Wellington Wellington Dec. 27, 1SS3 Dec. 27,1SS3 absent from ship without lea 0 absent from ship without leave absent from ship 7 days’ labour 7 days’ labour Nova Scotia England ... fireman ... fireman ... 1845 1862 s s ioj 61 sandy fair sandy light brown blue dk. blue medium medium medium medium medium medium man and horse on left arm. Spot on left arm. Wellington Denis O’Neill Wellington Dec. 27, 1883 7 days’ labour England ... fireman ... 1862 s 6* fresh brown hazel medium medium medium Scars and wart on light arm. Wellington Charles Ebrell Wellington Dec. 27,1883 absent from ship without leave stealing from the per7 days’ labour England ... fireman ... 1861 s 81 dark brown hazel medium medium medium TRUE LOVE on left arm. Wellington Hermann Weisner... Wanganui ... Oct. 23,1883 18 months’ labour ... Germany... labourer ... 1850 4 II fresh brown grey medium medium round Scar on both sides of neck; third finger Wellington Wellington Charles Eaton William Poole Wellington Wellington Dec. 12, 1883 Dec. 12, 1883 ship-desertion s'nip-desertion r mo’s imprisonment 1 mo's imprisonment America ... England ... sailor apprentice 1866 1 806 s 5 5 ! 21 fresh fresh brown brown blue blue medium large medium medium medium medium of left hand broken. Wellington Mary Ann McGreWellington Dec. 3,1883 habitual drunkenness 1 month’s labour ... seaman Wellington Wellington gor Thomas Dennis Walter Ernest BulliWellington Auckland ... Dec. 4, 1SS3 April 1,1879 obscene language ... larcuiy forging and uttering 7 days’ imprisonment (concurrent) 1 month’s labour ... - New Zealand England ... prostitute carpenter 1846 1828 s 5 2 6 fresh fresh dark brown light brown hazel hazel medium medium medium medium medium medium Forty-four previous convictions. Scar on forehead; anchor on right arm. vant, alias Bennett, (4 charges) each charge (conalias Weston, alias Edward Hodge, alias E. Joyce Christchurch April 7, 1878 foi'ging and uttering (4 charges) current) 6 years’ penal servitude on each charge (concurrent! . England clerk 1837 5 3i fair light grey medium medium medium Burn-mark on right breast; two flags crossed and anchor on right arm ; flag in wreath and heart, and NELLIE in Roman letters, on left arm.

RETURN OF PRISONERS REPORTED AS DISCHARGED FROM GAOLS DURING THE FORTNIGHT ENDED 12th JANUARY, 1884.

Gaol. Name. Where Tried. When. Offence. Sentence. Native of Trade. Born. Height. Complexion. Hair. Eyes. Nose. Mouth. Chin. Remarks and Previous Convictions. Wellington John Anderson Paul, Blenheim ... Nov. 6, 1883 larceny ... 2 mo’s imprisonment Scotland ... clerk 1S46 5 in. 8 fresh light brown hazel medium medium medium Mole on right arm; scar on right knee. alias McIntosh Charles McCarthy ... Wellington Jan. 3, 1884 threatening language 3 mo’s imprisonment N. Zealand carter 1843 S 7} sandy fair blue medium medium medium Three previous convictions. Admitted Wellington in default of bail 2 months’ labour ... dark brown to bail. Tessie Walker Nov. 7, 1883 assault Australia... prostitute i860 5 3 dark dark medium medium medium Four previous convictions. Elizabeth Morris ... Wellington Dec. 8, 1883 soliciting prostitution 1 month’s labour ... Africa prostitute 1846 5 14 black black black short iarge large Eight previous convictions. A negress. Wellington Jessie Game, alias Mary Dean James Ferguson Wellington Dec. 12, 1883 habitual drunkenness 1 month’s labour ... Scotland ... prostitute i860 5 2 fair light brown It. hazel medium medium medium One previous conviction. Wanganui Feilding July II, 1883 insulting language... 1 month’s labour and England ... labourer ... 1833 s 7* fair brown blue large, medium medium One previous conviction. Bald. 6 months’ imprisonment in default of bail 3 months’ labour ... crooked - Dunedin ... Walter J. Newton ... Dunedin Oct. I, 1883 maliciously damagLondon ... clerk 1850 5 7 fresh brown hazel medium medium medium Dec. 6, 1883 ing property larceny 1 month’s labour ... England ... Dublin ... labourer ... 1S47 6 fresh black hazel medium medium medium Seven previous convictions. Dunedin ... Maria Carey Dunedin Oct. 9. 1883 false pretences 3 months’ labour ... 2 months’ labour ... 1841 5 0 sallow dark brown brown medium medium medium Dunedin ... Dunedin Oct. 29, 1883 obscene language ... | Ireland ... pale black medium medium medium Two previous convictions. Desmond contempt of Court ... 14 days’ labour (cumulative) 3 months’ labour on prostitute 1842 s 4 grey Dunedin ... Robert Wardrop ... Dunedin ... Oct. 13. 1883 embezzlement (5 Scotland ... clerk and 1838 5 [I fresh grey grey medium medium medium Two previous convictions. Right leg charges) each charge (concurrent) grocer fair long medium has been broken ; scar on nose. Oamaru ... James McGlaughlin Oamaru Dec. 26, 1883 exposing his person, resisting police, and 11 days’ labour ... Tyrone, baker and 1849 S 9$ brown blue medium Several previous convictions. Usually Ireland cook raises his right shoulder when spoken using indecent lanto. Lyttelton ... Edward Ford Timaru June 10,1882 stealing from the per2 years’ labour England ... baker and 1854 5 2 \ swarthy dark brown dk.grey iarge, large square Previously convicted. son labourer broad small Lyttelton ... David Gray Ashburton ... Nov. 5) 1883 larceny 2 months’ labour ... Scotland ... labourer ... 1835 5 7 fresh light brown grey long, thin medium Several previous convictions. Left side Scotland ... si fresh pointed medium medium paralysed. Lyttelton ... Charles Gilligan Ashburton ... Nov. 13,1883 larceny 2 months’ labour ... draper 1842 5 black hazel medium Several previous convictions. Lyttelton ... Joseph Sloane Ashburton ... Dec. 13, 1883 habitual drunkenness 1 month’s labour ... Ireland ... farmer 1845 S 5 fresh light brown blue medium medium medium Lyttelton ... John T. Healey Timaru June 10, 1882 forgery and uttering 2 years’ labour Ireland .. cattle1845 0 2 fresh light brown blue prominent medium medium Mark of cut on head; bullet-wound on dealer aquiline medium lower part of left thigh. Timaru ... Frederick Charles Waimate ... Jan. 10, 1884 wilfully damaging fined £ 5 , or in default England ... groom 1845 5 6 fresh dark brown medium One previous conviction. Paid fine. Tugwood property 1 month’s labour fresh small, medium medium Horse-shoe, whip, and spur tattooed on left arm. Timaru ... Frederick Hook Waimate ... Jan. io, 1884 wilfully damaging fined £5, or in default England ... labourer ... 1857 S 10 brown grey Paid fine. property 1 month’s labour inclined to right medium Timaru ... Robert Rogers Waimate ... Jan. 10,1884 wilfully damaging fined £5, or in default Lawrence, blacksmith 1867 5 8 fresh dark brown medium medium Paid fine. property 1 month’s labour Otago Napier Thomas Long Napier Dec. 26,1883 obscene language ... fined £2, or 7 davs’ Ireland ... labourer ... 1841 5 9* fresh sandy grey medium medium medium Twenty-four previous convictions. Crucifix and anchor on right arm. Napier Michael Ryan Napier Dec. 21,1883 larceny 14 days’ labour Ireland ... labourer ... 1827 S 4* fair brown blue medium medium medium Man and woman on left arm; cross on medium medium right arm. Napier Thomas Donough, Napier Dec. 20,1883 obscene language ... 14 days' labour England ... sailor 1851 S 8 dark dark brown grey medium Four previous convictions. 3* large small James Edwards Thomas Buist Dec. 31.1883 larceny 7 days’ imprisonment 1 mo’s imprisonment England ... gardener... 1852 5 sandy fair ... black, curly It. blue round Mole on left side of neck, at back. Invercargill Wyndham ... Dec. 6, 1883 stealing from a dwellScotland ... labourer ... 1851 5 8 fresh hazel medium medium medium Clyde Cromwell ... Dec. IS. 1883 in*, i » having no visible law21 days’labour Ireland ... miner 183s S 4 fresh grey hazel medium medium medium Repeatedly convicted. Scar on nose Martin O’Halloran, alias Halioran, alias George Crossley, &c. E. C. H. Plowden ... ful means of support and on palms of both hands, causing contraction of fingers. Hokitika ... Greymouth... Oct. 1, 1883 false pretences 3 months’ labour ... England ... school1844 S 11 dark dark grey aquiline large medium Slight build; round-shouldered; loquateacher fresh aquiline medium medium cious. Hokitika ... Matthew Brown Nov. 8, 1883 habitual drunkenness 2 months’ labour ... America ... seaman ... 183s 5 0 grey grey Two previous convictions. Sharp features ; discoloured prominent teeth. Hokitika ... Mary Smith Hokitika ... Dec. 10, 1883 obscene language ... 1 month’s labour ... Ireland ... prostitute 1846 5 0 pale dark brown blue short large broad Hokitika ... Oct. 11, 1883 habitual drunkenness 3 months’ labour ... England ... matron ... 184s 5 I fair light brown grey medium large broad Slightly freckled. Hokitika ... Richard Lee Reefton May 28,1883 larceny 9 months’ labour ... Ireland ... miner 1844 5 7i dark dark brown blue large large medium Right thumb off.

RETURN OF PRISONERS REPORTED AS DISCHARGED, ETC. — continued.