33 & 34 Vict. shall apply (as regards crimes committed either before or after the passing of this act), in the case of the foreign states with which c. 52. Terms of with America Terms of convention made bankruptcy, committed within the jurisdiction of the requiring party, should seek an asylum or should be found within the territories of the other;-provided that this should be done only when the commission of the crime should be so established as that the laws of the country where the fugitive or person so accused should be found would justify his apprehension and commitment for trial if the crime had been there committed;' and it is by the said convention further stipulated, 'that on the part of the British government the surrender should be made only on the report of a judge or magistrate duly authorized to take cognizance of the acts charged against the fugitive in the warrant of arrest or other equivalent judicial document issued by a judge or competent magistrate in France, and likewise clearly setting forth the said acts;' and it is by the said convention further stipulated and agreed, 'that the expenses of any detention and surrender made in virtue of the stipulations herein before recited should be borne and defrayed by the government in whose name the requisition should have been made;' and it is by the said convention further stipulated and agreed, that the provisions of the said convention should not apply in any manner to crimes of murder, forgery, or fraudulent bankruptcy committed antecedently to the date thereof;' and it is by the said convention further stipulated and agreed, 'that the said convention should be in force until after the first day of January, 1844, after which date either of the high contracting parties should be at liberty to give notice to the other of its intention to put an end to it, and it should altogether cease and determine at the expiration of six months from the date of such notice."" As to the United States of America, the 6 & 7 Vict. c. 76, recited the treaty as follows:-"Whereas by the tenth article of a treaty between her Majesty and the United States of America, signed at Washington on the 9th day of August, 1842, the ratifications whereof were exchanged at London on the 13th 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 justices 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 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." As to Denmark, the 25 & 26 Vict. c. 70, recited a convention between her Majesty and the King of Denmark, set forth in the schedule, signed those treaties are made, in the same manner as if an order in 33 & 34 Vict. council referring to such treaties had been made in pursuance of c. 52. this act, and as if such order had directed that every law and Sect. 27. ordinance which is in force in any British possession with respect on 15th April, 1862, and ratified on 27th May, 1862, the articles of which with Denare as follows:-"It is agreed that the high contracting parties shall, on mark in 1862, requisition made in their name through the medium of their respective confirmed by diplomatic agents, deliver up to justice persons who, being accused or 25 & 26 Vict. convicted of murder (comprehending the crimes of assassination, parricide, c. 70. infanticide, and poisoning) or attempt to commit murder, or of forgery (comprehending the counterfeiting of bank notes, or public securities, or money), or of fraudulent bankruptcy, committed within the jurisdiction of the requiring party, shall be found within the territories of the other, provided that such persons are not subjects of the party upon which the requisition is made. Provided also, that in the case of a person accused, the surrender shall be made only when the commission of the crime shall be so established as that the laws of the country where the fugitive or person so accused shall be found would justify his apprehension and commitment for trial if the crime had been there committed, and in the case of a person convicted, the surrender shall be made only on the production of an authenticated copy of his conviction and on proof of his identity. Consequently, on the part of the Danish Government, the surrender shall be made only by the consent of the minister to whose department appertains the administration of justice, and after the production, in the case of a person accused, of a warrant of arrest or other equivalent judicial document issued by a judge or other competent authority in the United Kingdom, clearly setting forth the acts for which the fugitive shall have rendered himself accountable, or in the case of a person convicted, on the production of an authenticated copy of his conviction and on proof of his identity. On the part of the British Government, the surrender in the case of a person accused shall be made only on the warrant or other equivalent judicial document for the arrest of a fugitive, issued by a judge or magistrate duly authorized to take cognizance of the acts charged against the fugitive in Denmark, and on duly-authenticated depositions or statements on oath before such judge or magistrate, clearly setting forth the said acts, or on such other evidence thereof as, according to the laws of England, would warrant the apprehension of the said fugitive and his committal for trial for the said acts, if they had been therein committed, or in the case of a person convicted, on the production of an authenticated copy of his conviction and on proof of his identity." (Article 1.) "In the case of a person accused or convicted of any of the crimes mentioned in the preceding article, who may have fled from a colony or possession of one of the high contracting parties and be found in a colony or possession of the other, the surrender shall be made, subject always to the conditions prescribed in the preceding article, on a requisition addressed by the governor of the one colony directly to the governor of the other. The governor upon whom the requisition is made shall be at liberty either to grant the surrender or to refer the matter to his government." (Article 2.) "The expenses of any detention and surrender made in virtue of the preceding articles shall be borne and defrayed by the government in whose name the requisition shall have been made." (Article 3.) "The present convention shall come into operation as soon as the necessary legislative acts shall have been passed. Either of the high contracting parties shall be at liberty to give notice to the other at any time for its termination; and in such case it shall altogether cease and determine at the expiration of six months from the date of such notice." (Article 4.) 33 & 34 Vict. to such treaties should have effect as part of this act. Provided c. 52. that if any proceedings for or in relation to the surrender of a fugitive criminal have been commenced under the said acts previously to the repeal thereof, such proceedings may be completed, and the fugitive surrendered, in the same manner as if this act had not passed." "Extradition crimes" to which the act applies. The act also extends its operations to many other offences than those to which the former acts applied, which are termed "extradition crimes," and are set forth in the first schedule to the act. That schedule is as follows: "LIST OF CRIMES." (See sect. 19, p. 926, and s. 26, p. 920, Note 40). "The following list of crimes 34 is to be construed accord"ing to the law existing in England, or in a British posses"sion (as the case may be), at the date of the alleged crime, "whether by common law or by statute made before or after "the passing of this act : Murder, and attempt and *conspiracy to murder. *Manslaughter. "Counterfeiting and altering money and uttering counter"feit or altered money. "Forgery, counterfeiting and altering, and uttering what *Obtaining money or goods by false pretences. 34 It will be seen by the Note 33, ante, p. 915, that only a few of these crimes were within the respective treaties with France, America, and Denmark; those with an asterisk* prefixed being entirely new as to all those states. "Fraudulent 35 The term here used as to bankruptcy offences is different from that bankruptcy" used in the previous conventions with France and Denmark, where the as interpreted term used is (as will be seen by Note 33, ante, p. 915), "fraudulent bankin France. ruptcy." That term, so far as regards France, did not include the offence of a bankrupt simply failing to surrender when required to do so, as appears by a communication made in November, 1867, through the Home Office, to the Lord Mayor of London, transmitting a copy of a note which had been addressed by Mons. de Moustier, Minister of Foreign Affairs, to her Majesty's ambassador at Paris (in a case where the extradition of a bankrupt had been demanded), pointing out the particulars which must be furnished when an application is made for the extradition of a fraudulent bankrupt. Mons. de Moustier says, "The insufficiency of the proofs furnished by the English magistrates has frequently in cases like the present, and particularly on the occasions of the extradition of S. G. & W., been the source of difficulties, the recurrence of which may easily be prevented. It is sufficient to dis c. 52. *"Fraud by a bailee, banker, agent, factor, trustee or 33 & 34 Vict. "director, or member, or public officer of any company "made criminal by any act for the time being in force. *Rape. *Abduction. Child stealing. *Burglary and housebreaking. "Arson. "Robbery with violence. "Threats by letter or otherwise with intent to extort. "Piracy by law of nations. "Sinking or destroying a vessel at sea, or attempting or "conspiring to do so. "Assaults on board a ship on the high seas with intent to "destroy life or to do grievous bodily harm. "Revolt or conspiracy to revolt by two or more persons on "board a ship on the high seas against the authority We propose now to give in extenso the provisions relating to the application of the 33 & 34 Vict. c. 52, to any foreign state, and the proceedings to be adopted in facilitating the apprehension and surrender of fugitive criminals,— crimes" to which the act applies. Sect. 2. "Where an arrangement has been made with any Where foreign state with respect to the surrender to such state of any for surrender arrangement fugitive criminals, her Majesty may, by order in council, direct of criminals that this act shall apply in the case of such foreign state. "Her Majesty may, by the same or any subsequent order, limit the operation of the order, and restrict the same to fugitive criminals 36 who are in or suspected of being in the part of her Majesty's made, order in council to apply act. Sect. 2. tinctly specify in the judicial documents produced in support of the demand for extradition for fraudulent bankruptcy one of the indispensable acts which, according to our laws, affixes the character of crime to the bankruptcy. In fact, under the terms of article 591 of our commercial code, the bankrupt must have withheld the production of his books, or concealed or made away with a portion of his assets, or fraudulently acknowledged himself debtor for monies not due by him either in his books, by notarial acts, notes of hand, or by his balance-sheet." The Bankruptcy Act, 1869 (32 & 33 Vict. c. 71), does not itself contain any offence punishable in England in relation to bankruptcy; but the Debtors Act, 1869, 32 & 33 Vict. c. 62 (which, by sect. 3, came into operation on the same day as the Bankruptcy Act, and the words and expressions defined or explained in it are to have the same meaning as in the Debtors Act) contains offences by bankrupt. These offences are given in tit. " Bankrupts," Chap. II. of this Part, post. 36 By sect. 26, the term "fugitive criminal" means any person accused Definitions of "fugitive 33 & 34 Vict. dominions specified in the order, and render the operation thereof c. 52. subject to such conditions, exceptions and qualifications as may be deemed expedient. Every such order shall recite or embody the terms of the arrangement, and shall not remain in force for any longer period than the arrangement. Every such order shall be laid before both houses of parliament within six weeks after it is made, or, if parliament be not then sitting, within six weeks after the then next meeting of parliament, and shall also be published in the London Gazette." Restrictions on surrender of criminals. Offence of a political character. Sect. 3. Sect. 3. "The following restrictions shall be observed with respect to the surrender of fugitive criminals: (1.) A fugitive criminal shall not be surrendered if the offence in respect of which his surrender is demanded is one of a political character, or if he prove to the satisfaction of the police magistrate 37 or the court before whom he is brought on habeas corpus, or to the secretary of state, 38 that the requisition for his surrender has in fact been made with a view to try or punish him for an offence of a political character: (2.) A fugitive criminal shall not be surrendered to a foreign state unless provision is made by the law of that state, 39 or by arrangement, that the fugitive criminal shall not, until he has been restored or had an opportunity of returning to her Majesty's dominions, be detained or tried in that foreign state for any offence committed prior to his surrender other than the extradition crime 40 proved by the facts on which the surrender is grounded: (3.) A fugitive criminal who has been accused of some offence within English jurisdiction not being the offence for which his surrender is asked, or is undergoing sentence under criminal," and "fugitive Definition of or convicted of an extradition crime committed within the jurisdiction of any foreign state who is in or is suspected of being in some part of her Majesty's dominions;-and the term "fugitive criminal of a foreign state" means a fugitive criminal accused or convicted of an extradition crime committed within the jurisdiction of that state. 37 By sect. 26, the term "police magistrate" means a chief magistrate of the metropolitan police courts, or one of the other magistrates of the magistrate." metropolitan police court in Bow Street: the special authority given to a police magistrate is in ss. 8, 9, 10, 11. Definition of 64 secretary of state." Foreign state 38 By sect. 26, the term "secretary of state" means one of her Majesty's principal secretaries of state. 39 By sect. 25, "For the purposes of this act, every colony, dependency, and constituent part of a foreign state, and every vessel of that includes state, shall (except where expressly mentioned as distinct in this act) be dependencies. deemed to be within the jurisdiction of and to be part of such foreign state. Definition of 40 By sect. 26, the term "extradition crime" means a crime which, if "extradition committed in England or within English jurisdiction, would be one of crime." the crimes described in the first schedule to this act. |