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33 & 34 Vict.
c. 52.
Saving of laws
of British
possessions.
Sect. 18.

when not conveyed within two months out of such British

possession.” 44 Sect. 18. “If by any law or ordinance, made before or after the passing of this act by the legislature 45 of any British possession, provision is made for carrying into effect within such possession the surrender of fugitive criminals who are in or suspected of being in such British possession, her Majesty may, by the order in council applying this act in the case of any foreign state, or by any subsequent order, either suspend the operation within any such British possession of this

act, or of any part thereof, so far as it relates to such foreign state, and so long as such law or ordinance continues in force

there, and no longer; or direct that such law or ordinance, or any part thereof, shall

have effect in such British possession, with or without modifications and alterations, as if it were part of this act.”

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General Provisions. Criminal sur- Sect. 19. “Where, in pursuance of any arrangement with a rendered by foreign state

foreign state, any person accused or convicted of aay crime which, not triable

if committed in England, would be one of the crimes described in for previous the first schedule to this act is surrendered by that foreign state, crimes.

such person shall not, until he has been restored or had an opporSect. 19.

tunity of returning to such foreign state, be triable or tried for any offence committed prior to the surrender in any part of her Majesty's dominions other than such of the said crimes as may be proved by

the facts on which the surrender is grounded.” As to use of Sect. 20. “The forms set forth in the second schedule to this act, forms in

or forms as near thereto as circumstances admit, may be used in all second schedule.

matters to which such forms refer, and in the case of a British posSect. 20.

session

may be so used, mutatis mutandis, and when used shall be deemed to be valid and sufficient in law.” [See these set out, post,

pp. 929–931.] Revocation, Sect. 21. “Her Majesty may, by order in council, revoke or &c. of order in council. Sect. 21. 44 By sect. 26, the term “British possession” means any colony, Definition of plantation, island, territory, or settlement within her Majesty's do- British pos

minions, and not within the United Kingdom, the Channel Islands, and session" and Isle of Man; and all colonies, plantations, islands, territories, and settlegovernor.” ments under one legislature, as hereinafter defined, are deemed to be one

British possession. The term “governor” means any person or persons administering the government of a British possession, and includes the

governor of any part of India. Definition of

45 By sect. 20, the term “legislature" means any person or persons “legisla

who can exercise legislative authority in a British possession, and where ture.”

there are local legislatures as well as a central legislature, means the central legislature only.

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alter, subject to the restrictions of this act, any order in council 33 & 34 Vict. made in pursuance of this act, and all the provisions of this act c. 52. with respect to the original order shall (so far as applicable) apply, Sect. 21.

. . mutatis mutandis, to any such new order.”

Sect. 22. “This act, except so far as relates to the execution of Application Farrants in the Channel Islands) shall extend to the Channel of act in Islands and Isle of Man in the same manner as if they were part Islands and of the United Kingdom;--and the royal courts of the Channel Isle of Man. Islands are hereby respectively authorized and required to register Sect. 22. this act."

Sect. 23. “Nothing in this act shall affect the lawful powers of Saving for her Majesty or of the Governor General of India in Council to Indian

treaties. make treaties for the extradition of criminals with Indian native

Sect. 23. states, or with other Asiatic states conterminous with British India, or to carry into execution the provisions of any such treaties made either before or after the passing of this act.”

Sect. 24. “The testimony of any witness may be obtained in Power of relation to any criminal matter pending in any court or tribunal foreign stato

to obtain eviin a foreign state in like manner as it may be obtained in relation dence in to any civil matter under the act of the session of the nineteenth United and twentieth years of the reign of her present Majesty, chapter Kingdom. one hundred and thirteen, intituled 'An Act to provide for taking Sect. 24. evidence in her Majesty's dominions in relation to civil and com- [19 & 20 Vict. mercial matters pending before foreign tribunals;' and all the pro

c. 113.] visions of that act shall be construed as if the term civil matter included a criminal matter, and the term cause included a proceeding against a criminal: provided that nothing in this section shall apply in the case of any criminal matter of a political character." 46

The course of procedure for obtaining the extradition of Course of prooffenders flying to a foreign state, is the same as that sketched cedure for

obtaining out at p. 931 in cases where no treaty exists, — and see extradition Note 47 thereto.

of offenders. By the Extradition Act, 1873 (36 & 37 Vict. c. 60), which is to be construed with the Extradition Act of 1870 (33 & 34 Vict. c. 52), several additional provisions are enacted. Thus by sect. 3 it is provided, that every person who is accused or convicted of having counselled, procured, commanded, aided, or abetted the commission of any extradition crime, or of

46 The evidence is to be taken by her Majesty's superior courts of common law at Westminster, or in Dublin, the court of session in Scotland, and any superior court in any of her Majesty's colonies or possessions abroad, and any judge of any such court, and every judge in any such colony or possession appointed by order in council (19°& 20 Vict. č. 113,

c. 52.

33 & 34 Vict. being accessory before or after the fact to any extradition

crime, shall be deemed for the purpose of the principal act and this act to be accused or convicted of having committed such crime, and shall be liable to be apprehended and surrendered accordingly. The 4th section enacts, that the provisions of the principal act relating to depositions and statements on oath taken in a foreign state, and copies of such original depositions and statements, shall extend to affirmations taken in a foreign state and copies of such affirmations. The 5th section enacts, that a secretary of state may, by order under his hand and seal, require a police magistrate or justice of the peace to take evidence for the

purpose

of
any

criminal matter pending in any court or tribunal in any foreign state; and the police magistrate or justice of the peace, upon the receipt of such order, is to take the evidence of every witness appearing before him for the purpose in like manner as if such witness appeared on a charge against some defendant for an indictable offence; and he is to certify at the foot of the depositions so taken that such evidence was taken before him, and he is to transmit the same to the secretary of state; such evidence may be taken in the presence or absence of the person charged, if any, and the fact of such presence or absence is to be stated in such deposition. Witnesses may be compelled to attend on payment or tender of a reasonable sum for their costs and expenses.

The schedule to the act runs as follows:

“ The following list of crimes is to be construed according to the law existing in England or in a British possession (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:

Kidnapping and false imprisonment. “Perjury and subordination of perjury, whether under com

mon or statute law. “Any indictable offence under the Larceny Act, 1861, or any

act amending or substituted for the same, which is not

included in the first schedule of the principal act. Any indictable offence under the act of the session of the

24 & 25 Vict. c. 97, or any act amending or substituted for the same which is not included in the first schedule of the

principal act. Any indictable offence under the act of the 24 & 25 Vict.

c. 98, or any act amending or substituted for the same which is not included in the first schedule of the principal act.

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Any indictable offence under the 24 & 25 Vict. c. 99, or any 33 & 34 Vict.

act amending or substituted for the same which is not c. 52.

included in the first schedule to the principal act. “Any indictable offence under the 24 & 25 Vict. c. 100, or any

act amending or substituted for the same which is not

included in the first schedule to the principal act.
“Any indictable offence under the laws for the time being in

force in relation to bankruptcy which is not included in
the first schedule to the principal act.”

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FORUS GIVEN IN SECOND SCHEDULE TO 33 & 34 Vict. c. 52.

[No. 1.] Order of Secretary of State to the Police Magistrate. To the chief magistrate of the metropolitan police courts, or other

magistrate of the metropolitan police court in Bow Street Cor

the stipendiary magistrate at ]. Whereas, in pursuance of an arrangement with referred [Sect. 7.] to in an order of her Majesty in council dated the day of

a requisition has been made to me, her Majesty's principal secretaries of state, by

the diplomatic representative of

for the surrender of late of

, accused for convicted] of the commission of the crime of

within the jurisdiction of Now I hereby, by this my order under my hand and seal, signify to you that such requisition has been made, and require you to issue your warrant for the apprehension of such fugitive, provided that the conditions of “The Extradition Act, 1870,” relating to the issue of such warrant, are in your judgment complied with. Given under the hand and seal of the undersigned, one of her Majesty's principal secretaries of state, this

day of 18

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To all and each of the constables of the metropolitan

[No. 2.) Warrant of Apprehension by Order of Secretary of State.
Metropolitan
police district

or
borough od police force (or of the county or borough of

of
]

]. wit. Whereas the Right Honourable one of her Majesty's principal secretaries of state, by order under his hand and seal, hath signified to me that requisition hath been duly made to him for the surrender of late of , accused (or convicted] of the commission of the crime of within the jurisdiction of This is therefore to command you in her Majesty's name forthwith [Sect. 8, to apprehend the said pursuant to “ The Extradition Act, 1870,” sub-s. 1.] wherever he may be found in the United Kingdom or Isle of Man, and bring him before me or some other [*magistrate sitting in this court), to show cause why he should not be surrendered in pursuance of the said Extradition Act, for which this shall be your warrant. Given under my hand and seal at [*Bow Street, one of the police courts of the metropolis] this

day of

18.

J. P. * Note.-Alter as required.

:

c. 52.

33 & 34 Vict. [No.3.) Warrant of Apprehension without Order of Secretary of State.

Metropolitan police district

To all and each of the constables of the metropolitan (or county or borough of ] police force (or of the county or borough of ].

to wit. Whereas it has been shown to the undersigned, one of her Majesty's justices of the peace in and for the metropolitan police district Cor the said county or borough of ] that , late

of is accused (or convicted] of the commission of the crime [Sect. 8, of within the jurisdiction of : This is therefore to comsub-s. 2. ] mand you in her Majesty's name forthwith to apprehend the said

and to bring him before me or some other magistrate sitting at this court (or one of her Majesty's justices of the peace in and for the county (or borough] of 1 to be further dealt with according to law, for which this shall be your warrant. Given under my hand and seal at Bow Street, one of the police

courts of the metropolis Cor in the county or borough aforesaid] this

18 .

J. P.

day of

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[Sect. 8, conclusion.]

[No. 4.] Warrant for bringing Prisoner before the Police Magistrate. County

To constable of the police force of (or borough] and to all other peace

officers in the said county to wit.

[or borough) of Whereas late of accused (or alleged to be convicted] of the commission of the crime of within the jurisdiction of has been apprehended and brought before the undersigned, one of her Majesty's justices of the peace in and for the said county (or borough] of : And whereas by “The Extradition Act, 1870,” he is required to be brought before the chief magistrate of the metropolitan police court, or one of the police magistrates of the metropolis sitting at Bow Street, within the metropolitan police district (or the stipendiary magistrate for ]: This is therefore to command you the said constable in her Majesty's name forthwith to take and convey the said to the metropolitan police district [or the said

], and there carry him before the said chief magistrate or one of the police inagistrates of the metropolis sitting at Bow Street within the said district (or before a stipendiary magistrate sitting in the said

to show cause why

should not be surrendered in pursuance of “The Extradition Act, 1870,” and otherwise to be dealt with in accordance with law, for which this shall be your warrant. Given under my hand and seal at , in the county (or borough] aforesaid, this

18

J. P.

day of

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[No. 5.] Warrant of Committal. Metropolitan

To one of the constables of the metropolitan police district or the county or police force (or of the police force of the county borough of

or borough of ], and to the keeper of the Be it remembered, that on this

day of in the year of late of is brought before me the chief magistrate of the metropolitan police courts (or one of the police magistrates of the metropolis] sitting at the police court in Bow

to wit.

our Lord

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