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Certain Offen

ders to be apprehended on

the French.

'should be made for carrying the said Convention into effect:' Be it therefore 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, That in case Requisition be duly made, pursuant to the said ConvenRequisition of tion, in the Name of His Majesty the King of the French, by the Ambassador His Ambassador or other accredited diplomatic Agent, to of the King of deliver up to Justice any Person who, being accused of having committed, after the Ratification of the said Convention, the Crime of Murder (comprehending the Crimes designated in the French Penal Code by the Terms Assassination, Parricide, Infanticide, and Poisoning), or of an Attempt to commit Murder, or of Forgery, or of fraudulent Bankruptcy, within the Territories and Jurisdiction of His said Majesty the King of the French, shall be found within the Dominions of Her Majesty, it shall be lawful for One of Her Majesty's Principal Secre taries of State, or in Ireland for the Chief Secretary of the Lord Lieutenant of Ireland, and in any of Her Majesty's Colonies or Possessions abroad for the Officer administering the Government of any such Colony or Possession, by Warrant under his Hand and Seal, to signify that such Requisition has been so made, and to require all Justices of the Peace and other Magistrates and Officers of Justice within their several Jurisdictions to govern themselves accordingly, and to aid in apprehending the Person so accused and committing such Person to Gaol, for the Purpose of being delivered up to Justice, according to the Provisions of the said Convention, and thereupon it shall be lawful for any Justice of the Peace, or other Person having Power to commit for Trial Persons accused of Crimes against the Laws of that Part of Her Majesty's Dominions in which such supposed Offender shall be found, to examine upon Oath any Person or Persons touching the Truth of such Charge, and, upon such Evidence as according to the Laws of that Part of Her Majesty's Dominions would justify the Apprehension and Committal for Trial of the Person so accused if the Crime of which he or she shall be SO accused had been there committed, it shall be lawful for such Justice of the Peace, or other Person having Power to commit as aforesaid, to issue his Warrant for the Apprehension of such Person, and also to commit the Person so accused to Gaol, there to remain until delivered pursuant to such Requisition as aforesaid.

Copies of the Depositions may be given in Evidence.

Offenders to be delivered up.

11. Provided always, and be it enacted, That in every such Case Copies of the Depositions upon which the original Warrant was granted, certified under the Hand of the Person or Persons issuing such Warrant, and attested upon the Oath of the Party producing them to be true Copies of the original Depositions, may be received in Evidence of the Criminality the Person apprehended.

of

III. And be it enacted, That it shall be lawful for One of Her Majesty's Principal Secretaries of State, or in Ireland for

the Chief Secretary of the Lord Lieutenant of Ireland, and in any of Her Majesty's Colonies or Possessions abroad for the Officer administering the Government of any such Colony or Possession, by Warrant under his Hand and Seal to order the Person so committed to be delivered up to such Person or Persons as shall be duly authorized in the Name of the said King of the French to receive the Person so committed, and convey such Person to the Dominions of the said King of the French, to be tried for the Crime of which such Person shall be so accused, and such Person shall be delivered up accordingly; and it shall be lawful for the Person or Persons authorized as aforesaid to receive the Person so charged with Crime and committed as aforesaid to hold such Person in Custody, and take him or her to the Dominions of the King of the French, pursuant to the said Convention; and if the Person so accused shall escape out of any Custody to which he or she shall be committed, or to which he or she shall be delivered as aforesaid, it shall be lawful to retake such Person, in the same Manner as any Person accused of any Crime against the Laws of that Part of Her Majesty's Dominions to which he or she shall so escape may be retaken upon an Escape: Provided always, that no Justice of the Peace or other Person shall issue his Warrant for the Apprehension of any such supposed Offender until it shall have been proved to him, upon Oath or by Affidavit, that the Party applying for such Warrant is the Bearer of a Warrant of Arrest or other equivalent judicial Document, issued by a Judge or competent Magistrate in France, authenticated in such Manner as would justify the Arrest of the supposed Offender in France upon the same Charge, or unless it shall appear to him that the Acts charged against the supposed Offender are clearly set forth in such Warrant of Arrest or other equivalent judicial Document.

Persons appre

out of Her

IV. And be it enacted, That where any Person who shall After Two have been committed under this Act, to remain until delivered Months the up pursuant to Requisition as aforesaid, shall not be delivered hended may be up pursuant thereto, and conveyed out of Her Majesty's Do- discharged, if minions, within Two Calendar Months after such Committal, not conveyed over and above the Time actually required for conveying the Majesty's Prisoner from the Gaol to which he or she was committed by Dominions. the readiest Way out of Her Majesty's Dominions, it shall in every such Case be lawful for any of Her Majesty's Judges in that Part of Her Majesty's Dominions in which such supposed Offender shall be in Custody, upon Application made to him or them by or on behalf of the Person so committed, and upon Proof made to him or them that reasonable Notice of the Intention to make such Application has been given to some or one of Her Majesty's Principal Secretaries of State in Great Britain, or in Ireland to the Chief Secretary of the Lord Lieutenant of Ireland, and in any of Her Majesty's Colonies or Possessions abroad for the Officer administering the Govern ment of any such Colony or Possession, to order the Person so committed to be discharged out of Custody, unless sufficient U u 4 Cause

Limits of the
Act.

Continuance of
Act.

Cause shall be shown to such Judge or Judges why such Discharge ought not to be ordered.

V. And be it enacted, That if, by any Law or Ordinance to be hereafter made by the local Legislature of any British Colony or Possession abroad, Provision shall be made for carrying into complete Effect within such Colony or Possession the Objects of this present Act by the Substitution of some other Enactment in lieu thereof, then it shall be competent to Her Majesty, with the Advice of Her Privy Council, (if to Her Majesty in Council it shall seem meet, but not otherwise,) to suspend the Operation within any such Colony or Possession of this present Act so long as such substituted Enactment shall continue in force there, and no longer.

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VI. And be it enacted, That this Act shall continue in force during the Continuance of the said Convention.

CAP. LXXVI.

An Act for giving effect to a Treaty between Her
Majesty and the United States of America for the
Apprehension of certain Offenders.

[22d August 1843.]

HEREAS by the Tenth Article of a Treaty between

Her Majesty and the United States of America, signed at Washington on the Ninth Day of August in the Year One thousand eight hundred and forty-two, the Ratifications whereof were exchanged at London on the Thirteenth Day of October in the same Year, it was agreed that Her Majesty and the said United States should, upon mutual Requisi tions by them or their Ministers, Officers, or Authorities respectively made, deliver up to Justice all Persons who, being charged with the Crime of Murder, or Assault with Intent to commit Murder, or Piracy, or Arson, or Robbery, or Forgery, or the Utterance of forged Paper, committed within the Jurisdiction of either of the High Contracting Parties, should seek an Asylum or should be found within the Territories of the other; provided that this should only be • done upon such Evidence of Criminality as according to the Laws of the Place where the Fugitive or Person so charged should be found would justify his Apprehension and Commitment for Trial if the Crime or Offence had been there ⚫ committed, and that the respective Judges and other Magis trates of the Two Governments should have Power, Juris diction, and Authority, upon Complaint made under Oath, to issue a Warrant for the Apprehension of the Fugitive or Person so charged, so that he might be brought before such Judges or other Magistrates respectively, to the end that the • Evidence of Criminality might be heard and considered, and ' if on such Hearing the Evidence should be deemed sufficient to sustain the Charge it should be the Duty of the examining

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Judge or Magistrate to certify the same to the proper executive Authority, that a Warrant might issue for the Surrender of such Fugitive, and that the Expence of such Apprehension and Delivery should be borne and defrayed by the Party making the Requisition and receiving the Fugitive; and it is by the Eleventh Article of the said Treaty further agreed, that the Tenth Article, herein-before recited, should continue in force until one or other of the High Contracting Parties should signify its Wish to terminate it, and no longer: And whereas it is expedient that Provision should be made for carrying the said Agreement into effect;' 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, That in case Requisition shall at any Certain OffenTime be made by the Authority of the said United States, in ders to be pursuance of and according to the said Treaty, for the Delivery apprehended on Requisition of of any Person charged with the Crime of Murder, or Assault the United with Intent to commit Murder, or with the Crime of Piracy, or States. Arson, or Robbery, or Forgery, or the Utterance of forged Paper, committed within the Jurisdiction of the United States of America, who shall be found within the Territories of Her Majesty, it shall be lawful for One of Her Majesty's Principal Secretaries of State, or in Ireland for the Chief Secretary of the Lord Lieutenant of Ireland, and in any of Her Majesty's Colonies or Possessions abroad for the Officer administering the Government of any such Colony or Possession, by Warrant under his Hand and Seal to signify that such Requisition has been so made, and to require all Justices of the Peace and other Magistrates and Officers of Justice within their several Jurisdictions to govern themselves accordingly, and to aid in apprehending the Person so accused, and committing such Person to Gaol for the Purpose of being delivered up to Justice, according to the Provisions of the said Treaty; and thereupon it shall be lawful for any Justice of the Peace, or other Person having Power to commit for Trial Persons accused of Crimes against the Laws of that Part of Her Majesty's Dominions in which such supposed Offender shall be found, to examine upon Oath any Person or Persons touching the Truth of such Charge, and upon such Evidence as according to the Laws of that Part of Her Majesty's Dominions would justify the Apprehension and Committal for Trial of the Person so accused if the Crime of which he or she shall be so accused had been there committed it shall be lawful for such Justice of the Peace, or other Person having Power to commit as aforesaid, to issue his Warrant for the Apprehension of such Person, and also to commit the Person so accused to Gaol, there to remain until delivered pursuant to such Requisition as aforesaid.

II. Provided always, and be it enacted, That in every such Copies of the Case Copies of the Depositions upon which the original Warrant Depositions was granted, certified under the Hand of the Person or in Evidence. may be given Persons issuing such Warrant, and attested upon the Oath of

the

Offenders to be delivered up.

After Two
Months the

Persons appre

hended may be discharged, if not conveyed out of Her Majesty's Dominions.

Limits of the

Act.

the Party producing them to be true Copies of the original Depositions, may be received in Evidence of the Criminality of the Person so apprehended.

III. And be it enacted, That upon the Certificate of such Justice of the Peace, or other Person having Power to commit as aforesaid, that such supposed Offender has been so committed to Gaol, it shall be lawful for One of Her Majesty's Principal Secretaries of State, or in Ireland for the Chief Secretary of the Lord Lieutenant of Ireland, and in any of Her Majesty's Colonies or Possessions abroad for the Officer administering the Government of any such Colony or Possession, by Warrant under his Hand and Seal to order the Person so committed to be delivered to such Person or Persons as shall be authorized in the Name of the said United States to receive the Person so committed, and to convey such Person to the Territories of the said United States, to be tried for the Crime of which such Person shall be so accused, and such Person shall be delivered up accordingly, and it shall be lawful for the Person or Persons authorized as aforesaid to hold such Person in Custody, and take him or her to the Territories of the said United States, pursuant to the said Treaty; and if the Person so accused shall escape out of any Custody to which he or she shall be committed, or to which he or she shall be delivered as aforesaid, it shall be lawful to retake such Person, in the same Manner as any Person accused of any Crime against the Laws of that Part of Her Majesty's Dominions to which he or she shall so escape may be retaken upon an Escape.

IV. And be it enacted, That where any Person who shall have been committed under this Act, to remain until delivered up pursuant to Requisition as aforesaid, shall not be delivered up pursuant thereto, and conveyed out of Her Majesty's Dominions within Two Calendar Months after such Committal, over and above the Time actually required to convey the Prisoner from the Gaol to which he or she was committed by the readiest Way out of Her Majesty's Dominions, it shall in every such Case be lawful for any of Her Majesty's Judges in that Part of Her Majesty's Dominions in which such supposed Offender shall be in Custody, upon Application made to him or them by or on behalf of the Person so committed, and upon Proof made to him or them that reasonable Notice of the Intention to make such Application has been given to some or One of Her Majesty's Principal Secretaries of State, or in Ireland to the Chief Secretary of the Lord Lieutenant of Ireland, and in any of Her Majesty's Colonies or Possessions abroad for the Officer administering the Government of any such Colony or Possession, to order the Person so committed to be discharged out of Custody, unless sufficient Cause shall be shown to such Judge or Judges why such Discharge ought not to be ordered.

V. And be it enacted, That if by any Law or Ordinance to be hereafter made by the local Legislature of any British Colony

or

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