The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday September 18 1911

(1) of the Act provides that on a rpresentation of a foreign State the Government may if it thinks fit issue an order to any Magistrate. to enquire into the crime." The subsequent sub-sections laying down the procedure before the Magistrate and providing for the issue of the extradition warrant by the Government follow only when the reference has heed made. [...] 3 was not essential to the exercise of the power of the Government and that it was not the foundation of the order which the Government might think fit to pass un it so much so that a flaw in such proceeding might avoid the order. [...] Nor would such a view of the matter seem to be consonant with the policy of the Statute having regard to its pro-visions—relating to the competence of the Magistrate and the somewhat elaborate procedure that it lays down. [...] The Legilature would seem to have Considered the funtion of the enquiring Magistrate to be analogous to that of the Committing Magistrate in a Sesions case [see sec. [...] An irregularity;- in procedure therefore which would make the order of commitment bad and thus oust the jurisdiction of t he S?ssions Judge may therefore withjstice be looked upon as similarly affeking the reNrt which would be the foundation bf the exercise of the G iverment's powers of exti-adition.