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." General Provisions. Sect. 19. "Where, in pursuance of any arrangement with a foreign state, any person accused or convicted of aay crime which, if committed in England, would be one of the crimes described in the first schedule to this act is surrendered by that foreign state, such person shall not, until he has been restored or had an opportunity 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." Sect. 20. "The forms set forth in the second schedule to this act, or forms as near thereto as circumstances admit, may be used in all matters to which such forms refer, and in the case of a British possession 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.] Sect. 21. "Her Majesty may, by order in council, revoke or 44 By sect. 26, the term "British possession" means any colony, plantation, island, territory, or settlement within her Majesty's dominions, and not within the United Kingdom, the Channel Islands, and Isle of Man; and all colonies, plantations, islands, territories, and settlements 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. 45 By sect. 26, the term "legislature" means any person or persons who can exercise legislative authority in a British possession, and where there are local legislatures as well as a central legislature, means the central legislature only. 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 warrants in the Channel Islands) shall extend to the Channel of act in Channel 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." treaties. Sect. 23. 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 make treaties for the extradition of criminals with Indian native 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." to obtain evi 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 state in 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. c. 113.] mercial matters pending before foreign tribunals;' and all the provisions 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. c. 113, 8. 6). 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 common 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. c. 52. '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 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.” FORMS GIVEN IN SECOND SCHEDULE TO 33 & 34 VICT. c. 52. ]. Whereas, in pursuance of an arrangement with to in an order of her Majesty in council dated the a requisition has been made to me, her Majesty's principal secretaries of state, by diplomatic representative of late of the crime of referred [Sect. 7.] day one of for the surrender of accused [or convicted] of the commission of Now I hereby, by this my order under my hand and seal, signify 18 day of [No. 2.] Warrant of Apprehension by Order of Secretary of State. Metropolitan police district or county or borough of to wit. To all and each of the constables of the metropolitan Whereas the Right Honourable ]. one of her Majesty's prin cipal secretaries of state, by order under his hand and seal, hath signified to me that requisition hath been duly made to him for the accused [or convicted] of the commission of the crime of within the jurisdiction of surrender 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 33 & 34 Vict. [No.3.] Warrant of Apprehension without Order of Secretary of State. c. 52. [Sect. 8, sub-s. 2.] [Sect. 8, conclusion.] To all and each of the constables of the metropolitan police force [or of the county or borough of Whereas it has been shown to the undersigned, one of her Majesty's justices of the peace in and for the metropolitan police district [or the said county or borough of of ] that late is 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 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 ]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 [or in the county or borough aforesaid] this day of 18 J. P. [No. 4.] Warrant for bringing Prisoner before the Police Magistrate. of County Το Whereas late of accused [or alleged to be con- Given under my hand and seal at Metropolitan one of the constables of the metropolitan police force [or of the police force of the county or borough of ], and to the keeper of the Be it remembered, that on this our Lord late of day of in the year of the chief magistrate of the metropolitan police courts [or one of the police magistrates of the metropolis] sitting at the police court in Bow |