The Treaties mentioned in the following table are those the operation of which have been extended to this Dominion.

The Imperial Extradition Acts of 1870 and 1873 made applicable to these treaties. By a Decree of the Queen of Spain of the 17th November, 1852, it was decreed that:

The requisitorial letters of foreign Judges will be complied with in all that can and ought to be done in the kingdom according to the laws, when they come through the Foreign Ministry with the customary formalities and requirements." Hertzlet's Com. Treaties, vol. 12, p. 789.

The crimes and misdemeanors enumerated in these treaties not being uniform, it will be necessary to refer to the text of the treaty with the Country from which the offender is a fugitive, for the schedule of extraditable offences.

As the United States and France are the two countries with which, from their intercourse with the Dominion, cases of extradition more frequently arise, extracts showing the extraditable offences and the procedure will be given here.

A Treaty was signed between Great Britain and the United States on the 9th August, 1842, to settle and define the boundaries between the possessions of Her Britannic Majesty in North America and the territories of the United States; for the final suppression of the African slave trade; and for the giving up of criminal fugitives from justice, in certain cases.

The tenth article of the Treaty, in reference to the surrender of fugitives from justice, reads as follows::

"It is agreed that Her Britannic Majesty and the United States shall, 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 jurisdiction of either, shall seek an asylum, or shall be found within the territories of the other: provided that this shall only be done upon such evidence of

criminality, as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial if the crime or offence had there been committed: and the respective judges and other magistrates of the two Governments shall have power, jurisdiction and authority, upon complaint made under oath, to issue a warrant for the apprehension of the fugitive or person so charged, that he may be brought before such judges or other magistrates respectively, to the end that the evidence of criminality may be heard and considered; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper executive authority, that a warrant may issue for the surrender of such fugitive."

The inadequacy of the extradition provisions which permitted such an abuse of the law as shown in ex parte Lamirande (10 L. C. J. 280; 39 L. T., N. S., 180, see a summary of this case in Todd's Parl. Gov. in Col. 211), who was unlawfully surrendered while a petition for his discharge on a writ of Habers Corpus was pending, led the best legal minds of England to a thorough study of the subject.

The result was (1) to make provisions tending to uniformity in extradition treaties entered into by Great Britain; (2) to extend considerably the number of extraditable offences, including several eases of misdemeanor which had never been part of such treaties; (3) and to provide for a special procedure, under which kidnapping could no more be practised under color of law, as in the case ex parte Lamirande.

A general Act was accordingly passed by the Imperial Parliament on the 9th August, 1870 (The Extradition Act, 1870-33 and 34 Vic. Imp. c. 52), to be found in Can. Stat. 35 V. p. XXI., which was made immediately applicable to the treaties with France, the United States and Denmark.

After the following Preamble:

Whereas, it is expedient to amend the law relating to the surrender to foreign States of persons accused or convicted of the commission of certain crimes within the jurisdiction of such States, and to the trial of criminals surrendered by foreign States to this country:

It enacted that:

2. 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 this Act shall apply in the case of such foreign State.

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 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, 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 proved by the facts on which the surrender is grounded.

(3.) A fugitive criminal who has been accused of some offence within English jurisdiction (by sec. 17 extended to any British Possession), not being the offence for which his surrender is asked, or is undergoing sentence under any conviction in the United Kingdom, (by sec. 17 made synonymous with any British Possession), shall not be surrendered until after he has been discharged, whether by acquittal or on expiration of his sentence or otherwise:

(4) A fugitive criminal shall not be surrendered until the expiration of fifteen days from the date of his being committed to prison to await his surrender.

7. A requisition for the surrender of a fugitive criminal of any foreign state shall be made to a Secretary of State (by sec. 17, a Governor substituted, in case of a colony) by some person recognized by the Secretary of State as a diplomatic representative of that foreign State. A Secretary of State (or Governor as the case may be) may, by order under his hand and seal, signify to a police magistrate that such requisition has been made, and require him to issue his warrant for the apprehension of the fugitive criminal.

If the Secretary of State (or Governor) is of opinion that the offence is one of a political character, he may, if he think fit, refuse to send any such order; and may also at any time order a fugitive criminal accused or convicted of such offence to be discharged from custody.

10. In the case of a fugitive criminal alleged to have been convicted of an extradition crime of which evidence is produced as

(subject to the provisions of this Act) would, according to the law of England, prove that the prisoner was convicted of such crime, the Police Magistrate shall commit him to prison, but otherwise shall order him to be discharged.

11. If the Police Magistrate commits a fugitive criminal to prison, he shall inform such criminal that he will not be surrendered until after the expiration of fifteen days, and that he has a right to apply for a writ of habeas corpus.

Upon the expiration of the said fifteen days, or, if a writ of habeas corpus is issued, after the decision of the Court upon the return to the writ. .. it shall be lawful

the fugitive criminal.

. by warrant

to be surrendered.

to order

12. If the fugitive criminal who has been committed to prison is not surrendered and conveyed out of the United Kingdom within two months after such committal, or, if a writ of habeas corpus is issued, after the decision of the Court upon the return to the writ, it shall be lawful for any judge of one of Her Majesty's Superior Courts at Westminster (by sec. 17 extended to the Colonial Courts), upon application made to him by or on behalf of the criminal, and upon proof that reasonable notice of the intention to make such application has been given to a Secretary of State (or as provided by section 17, to a Colonial Governor), to order the criminal to be discharged out of custody unless sufficient cause is shown to the contrary.

27. The Acts specified in the third schedule to this Act (Acts for giving effect to Extradition treaties with France, the United States and Denmark) are hereby repealed as to the whole of Her Majesty's Dominions; and this Act (with the exception of any thing contained in it which is inconsistent with the treaties referred to in the Acts so repealed) shall apply (as regards crimes committed either before or after the passing of this Act) in the case of the Foreign States with which those treaties are made, in the same manner as if an Order in Council referring to such treaties had been made in pursuance of this Act, and, as if such order had directed that every law and ordinance which is in force in any British possession with respect to such treaties should have effect as part of that Act.

FIRST SCHEDULE.-LIST OF CRIMES.

In Extradition Act of 1870 (33 and 34 Vict. Imp. c. 52.)

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:

Murder, and attempt and conspiracy to murder.-Manslaughter.— Counterfeiting and altering money, and uttering counterfeit or altered money.-Forgery, counterfeiting, and altering, and uttering what is forged or counterfeited or altered.-Embezzlement and larceny.— Obtaining money or goods by false pretences.

Crimes by bankrupts against bankruptcy law.-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. Rape-Abduction-Child stealing-Burglary and house-breaking— 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 of the master. The Imperial Extradition Act of 1870 was amended by the

EXTRADITION ACT, 1873, (36 AND 37 VICT. IMP. c. 60,) entitled, An Act to amend the Extradition Act, 1870. The following are extracts from the 1st, 3rd and 8th sections of that Act.

1. This Act shall be construed as one with the Extradition Act, 1870 (in this Act referred to as the principal Act).

3. Every person who is accused or convicted of having counselled, procured, commanded, aided, or abetted the commission of any extradition crime, or of being accessory before or after the fact to any extradition crime, shall be deemed, for the purposes 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.

8. The principal Act shall be construed as if there were included in the First Schedule to that Act the list of crimes contained in the Schedule to this Act.

SCHEDULE. LIST OF CRIMES

in Extradition Act of 1873 (36 and 37 Vict. Imp. c. 60.)

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.