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

W

[22nd August, 1843.]

HEREAS, by the Tenth Article of a Treaty between Her Majesty and Preamble. 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 Requisitions 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 Treaty. 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

Recital of

xlviii

Recital of
Treaty.

Fugitives from United

States charged

with Murder, Piracy, Arson, Robbery, For ance of Forged

gery, or Utter

6° & 7° VICTORIÆ, CAP. 76.

1843.

Apprehension and Commitment for Trial if the Crime or Offence had been there committed, and that the respective Judges and other Magistrates of the Two Governments should have Power, Jurisdiction 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 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 Expense 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 hereinbefore 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 time be made by the Authority of the said United States, in pursuance of and according to the said Treaty, for the Delivery of any Person charged with the Crime of Murder, or Assault with intent to commit Murder, or with the Crime of Piracy, or 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 U. S. authori- 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 against them. 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 Commital for Trial of the Person so acctised if the Crime of which he or she shall be so accused had been there committed, it shall be lawful for such Justice

Paper may be apprehended in British Dominions upon Requisition of

ties.

Evidence

of

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 Case, Copies of the Evidence. 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 of the Person so apprehended.

Fugitive may be delivered to rized by U. Sand taken to U.S. Territo

person authoto receive him;

ries for trial.

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 In case of esor she shall be delivered as aforesaid, it shall be lawful to retake such Person, in cape. 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

After two

months deten

tion prisoner may be liberated, unless cause be

shewn.

Colonies and Possessions abroad may substitute a local Act in lieu of this

Act.

Duration of
Act.

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 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,

VI. And be it enacted, that this Act shall continue in force during the continuance of the Tenth Article of the said Treaty.