TREATIES. TREATY BETWEEN HER MAJESTY AND THE At the Court, at Windsor, the 16th day of May, 1878. PRESENT: THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS by an Act of Parliament made and passed in the Session of Parliament holden in the thirty-third and thirty-fourth years of the reign of Her present Majesty, intituled "An Act for amending the Law relating to the Extradition of Criminals," and also by an Act of Parliament made and passed in the Session of Parliament holden in the thirty-sixth and thirty-seventh years of the reign of Her present Majesty, intituled "An Act to amend the Extradition Act, 1870," it was, amongst other things, enacted that where an arrangement has been made with any foreign State with respect to the surrender to such State of any fugitive criminals, Her Majesty may, by Order in Council, direct that the said Acts shall apply in the case of such foreign State; and that Her Majesty may, by the same or any subsequent Order, limit the operation of the Order, and restrict the same to fugitive criminals who are in or suspected of being in the part of Her Majesty's dominions specified in the Order, and render the operation thereof subject to such conditions, exceptions, and qualifications as may be deemed expedient; And whereas a Treaty was concluded on the fourteenth day of August, one thousand eight hundred and seventy-six, between Her Majesty and the President of the French Republic, for the Mutual Extradition of Fugitive Criminals, which Treaty is in the terms following: Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the President of the French. Republic, having recognized the insufficiency of the provisions of the Treaty concluded on the 13th of February, 1843, between Great Britain and France, for the reciprocal extradition of criminals, have resolved, by common accord, to replace it by another and more complete Treaty, and have named as their respective Plenipotentiaries for this purpose, that is to say : Extradition Treaty with French Republic. Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honorable Richard Bickerton Pemell, Lord Lyons, a Peer of the United Kingdom of Great Britain and Ireland, Knight Grand Cross of the Most Honorable Order of the Bath, one of Her Britannic Majesty's Most Honorable Privy Council, and Her said Majesty's Ambassador Extraordinary and Plenipotentiary to the Government of the French Republic, &c., &c., &c.; And the President of the French Republic, M. le Duc Decazes, Member of the Chamber of Deputies, Minister of Foreign Affairs, Grand Officer of the National Order of the Legion of Honor, &c., &c., &c.; Who, after having communicated to each other their respective full powers (found in good and due form) have agreed upon the following Articles : ARTICLE I. The High Contracting Parties engage to deliver up to each other those persons who are being proceeded against or who have been convicted of a crime committed in the territory of the one Party, and who shall be found within the territory of the other Party under the circumstances and conditions stated in the present Treaty. ARTICLE II. Native-born or naturalized subjects of either country are excepted from extradition. In the case, however, of a person who, since the commission of the crime or offence of which he is accused, or for which he has been convicted, has become naturalized in the country whence the surrender is sought, such naturalization shall not prevent the pursuit, arrest and extradition of such person, in conformity with the stipulations of the present Treaty. ARTICLE III. The crimes for which the extradition is to be granted are the following: 1. Counterfeiting or altering money, and uttering counterfeit or altered money; 2. Forgery, counterfeiting or altering and uttering what is forged, counterfeited or altered; 3. Murder (including assassination, parricide, infanticide and poisoning) or attempt to murder ; 4. Manslaughter; 5. Abortion; 6. Rape; Extradition Treaty with French Republic. 7. Indecent assault, acts of indecency even without violence upon the person of a girl under 12 years of age; 8. Child-stealing, including abandoning, exposing or un lawfully detaining; 9. Abduction; 10. Kidnapping and false imprisonment; 11. Bigamy; 12. Wounding or inflicting grievous bodily harm ; 13. Assaulting a Magistrate, or peace or public officer; 14. Threats by letter or otherwise with intent to extort; 15. Perjury or subornation of perjury; 16. Arson; 17. Burglary or house-breaking,-robbery with violence; 18. Fraud by a bailee, banker, agent, factor, trustee, or director, or member, or public officer of any Company made criminal by any Act for the time being in force; 19. Obtaining money, valuable security, or goods by false pretences, including receiving any chattel, money, valuable security, or other property, knowing the same to have been unlawfully obtained; 20. Embezzlement or larceny, including receiving any chattel, money, valuable security, or other property, knowing the same to have been embezzled or stolen; 21. Crime against Bankruptcy Law; 22. Any malicious act done with intent to endanger persons in a railway train ; 23. Malicious injury to property, if the offence is indictable; 24. Crimes committed at sea, (a) Any act of depredation or violence by the crew of a British or French vessel, against another British or French vessel, or by the crew of a foreign vessel not provided with a regular commission, against British or French vessels, their crews or their cargoes, (b) The fact, by any person (being or not, one of the crew of a vessel) of giving her over to pirates, (c) The fact, by any person (being or not one of the crew of a vessel) of taking possession of such vessel by fraud or violence, (d) Sinking or destroying a vessel at sea, or attempting or conspiring to do so, (e) Revolt or conspiracy to revolt by two or more persons on board a ship on the high seas against the authority of the master; 25. Dealing in slaves in such manner as to constitute an offence against the laws of both countries: The extradition is also to take place for participation, either as principals or accessories, in any of the aforesaid crimes, provided such participation be punishable by the laws of both the Contracting Parties. Extradition Treaty with French Republic. ARTICLE IV. The present Treaty shall apply to crimes and offences committed prior to the signature of the Treaty; but a person surrendered shall not be tried for any crime or offence, committed in the other country before the extradition, other than the crime for which his surrender has been granted. ARTICLE V. No accused or convicted person shall be surrendered, if the offence in respect of which his surrender is demanded shall be deemed by the Party upon which it is made to be a political offence, or to be an act connected with (connexe à) such an offence, or if he prove to the satisfaction of the police magistrate or of the court before which he is brought on habeas corpus, or of the Secretary of State, that the requisition for his surrender has, in fact, been made with a view to try or to punish him for an offence of a political character. ARTICLE VI. On the part of the French Government, the extradition shall take place in the following manner in France The Ambassador or other Diplomatic Agent of Her Britannic Majesty in France shall send to the Minister for Foreign Affairs, in support of each demand for extradition, an authenticated and duly legalized copy either of a certificate of cenviction, or of a warrant of arrest against a person accused, clearly setting forth the nature of the crime or offence on account of which the fugitive is being proceeded against. The judicial document thus produced shall be accompanied by a description of the person claimed, and by any other information which may serve to identify him. The documents shall be communicated by the Minister for Foreign Affairs to the Keeper of the Seals, Minister of Justice, who after examining the claim for surrender, and the documents in support thereof, shall report thereon immediately to the President of the Republic; and, if there is reason for it, a Decree of the President will grant the extradition of the person claimed, and will order him to be arrested and delivered to the British authorities. In consequence of this Decree, the Minister of the Interior shall give orders that search be made for the fugitive criminal, and in case of his arrest, that he be conducted to the French frontier, to be delivered to the person authorized by Her Britannic Majesty's Government to receive him. Should it so happen that the documents furnished by the British Government, with the view of establishing the Extradition Treaty with French Republic. identity of the fugitive criminal, and that the particulars collected by the agents of the French Police with the same view be considered insufficient, notice shall be immediately given to the Ambassador or other Diplomatic Agent of Her Britannic Majesty in France; and the fugitive person, if he has been arrested, shall remain in custody until the British Government has been able to furnish further evidence in order to establish his identity or to throw light on other difficulties in the examination. ARTICLE VII. In the dominions of Her Britannic Majesty, other than the colonies or foreign possessions of Her Majesty, the manner of proceeding shall be as follows: (a) In the case of a person accused-The requisition for the surrender shall be made to Her Britannic Majesty's Principal Secretary of State for Foreign Affairs by the Ambassador or other Diplomatic Agent of the President of the French Republic, accompanied by a warrant of arrest or other equivalent judicial document, issued by a judge or magistrate duly authorized to take cognizance of the acts charged against the accused in France, together with duly authenticated depositions or statements taken on oath before such judge or magistrate, clearly setting forth the said acts, and containing a description of the person claimed, and any particulars which may serve to identify him. The said Secretary of State shall transmit such documents to Her Britannic Majesty's Principal Secretary of State for the Home Department, who shall then, by order under his hand and seal, signify to some Police Magistrate in London that such requisition has been made, and require him, if there be due cause, to issue his warrant for the apprehension of the fugitive. On the receipt of such order from the Secretary of State, and on the production of such evidence as would, in the opinion of the Magistrate, justify the issue of the warrant if the crime had been committed in the United Kingdom, he shall issue his warrant accordingly. When the fugitive shall have been apprehended, he shall be brought before the Police Magistrate who issued the warrant, or some other Police Magistrate in London. If the evidence to be then produced shall be such as to justify, according to the law of England, the committal for trial of the prisoner, if the crime of which he is accused had been committed in England, the Police Magistrate shall commit him to prison to await the warrant of the Secretary of State for his surrender,- sending immediately to the Secretary of State a certificate of the committal and a report upon the case. |