Norwegian Shipping-Tonnage Measurement. which had been ascertained and denoted on the registers or other national papers of such ships should be deemed to be of the tonnage denoted in such registers or other national papers in the same manner, to the same extent and for the same purpose, in, to, and for which the tonnage denoted in the certificates of registry of British ships is deemed to be the tonnage of such ships: And whereas it has been made to appear to Her Majesty that a new royal ordinance, which came into operation on the 1st day of October, 1893, stipulates that the certificates of tonnage of Norwegian steamships may show the net tonnage calculated according to British rules: And whereas it has been made to appear desirable to Her Majesty that the provisions of the said recited Order in Council of the 2nd day of February, 1884, should be revoked and a new Order in Council made and substituted in lieu thereof: Now, therefore, Her Majesty, in virtue of the powers vested in her by the said recited Acts, and by and with the advice of her Privy Council, is pleased to direct that the said recited Order of the 2nd day of February, 1884, shall be, and the same is hereby revoked, and in lieu thereof and in substitution therefor, Her Majesty is hereby pleased, by and with the advice of her Privy Council, to direct that the ships of Norway the certificates of Norwe gian nationality and registry of which are dated on and after the said first day of October, 1893, shall be deemed to be of the tonnage denoted in the said certificates of Norwegian nationality and registry. Vide Canada Gazette, vol. XXVIII., p. 292. C. L. PEEL. Extradition Treaty with Germany. (Circular.) DOWNING STREET, 20th February, 1895. MY LORD,--I have the honour to transmit to you, for publication in the colony under your government, a copy of an Order of Her Majesty in Council dated the 2nd of February, 1895, for giving effect to the treaty between Her Majesty and His Majesty the German Emperor, for the mutual extradition of fugitive criminals between the territories of Her Majesty and certain dependencies of Germany, which was signed at London on the 5th of May, 1894, and of which the ratifications were exchanged at London on the 3rd of December, 1894. I have the honour to be, Your most obedient, humble servant, The Officer administering the Government of Canada. EXTRADITION TREATY WITH GERMANY. RIPON. AT THE COURT AT OSBORNE HOUSE, ISLE OF WIGHT, 2ND DAY OF FEBRUARY, 1895. HEREAS by the Extradition Acts, 1870 and 1873, 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 that if, by any law made after the passing of the Act of 1870 by the legislature 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 the said Acts in the case of any foreign state, or by any subsequent Order, suspend the operation within any such British possession of the said Acts, or of any part thereof, so far as it relates to such foreign state, and so long as such law continues in force there and no longer: Extradition Treaty with Germany. And whereas by a Act of the Parliament of Canada passed in 1886, and entitled "An Act respecting the Extradition of Fugitive Criminals," provision is made for carrying into effect within the Dominion the surrender of fugitive criminals: And whereas by an Order of Her Majesty the Queen in Council, dated the seventeenth day of November, one thousand eight hundred and eightyeight, it was directed that the operation of the Extradition Acts, 1870 and 1873, should be suspended within the Dominion of Canada so long as the provision of the said Act of the Parliament of Canada of 1886 should continue in force and no longer : And whereas a treaty was concluded on the fifth day of May, one thousand eight hundred and ninety-four, between Her Majesty and His Majesty the German Emperor, King of Prussia, for the mutual extradition of fugitive criminals between the territories of Her Majesty and certain dependencies of Germany, which treaty is in the terms following: : Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, and His Majesty the German Emperor, King of Prussia, considering it advisable to regulate by a treaty the extradition of criminals between certain dependencies of Germany and the territories of Her Britannic Majesty, have appointed as their plenipotentiaries for this purpose: Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, the Right Honourable John, Earl of Kimberley, Knight of the Most Noble Order of the Garter, &c., &c., Her Britannic Majesty's Secretary of State for Foreign Affairs; and His Majesty the German Emperor, King of Prussia, his Minister of State, Paul, Count von Hatzfeldt-Wildenburg, Knight of the Exalted Order of the Black Eagle, &c., &c., Ambassador Extraordinary and Plenipotentiary of His Imperial and Royal Majesty to Her Britannic Majesty; Who, after having communicated to each other their respective full powers, which were found to be in good and due form, have agreed to and concluded the following articles :— 66 ARTICLE I. "The provisions of the Extradition Treaty signed between Germany and Great Britain on the 14th May, 1872, shall be applicable to the dependencies of Germany specified in the following article, in such manner that persons in any of these dependencies, and within the sphere of the authorities established there, who are accused, or who have been convicted, of having committed a criminal act in the territories of Her Britannic Majesty, and persons in any of the aforesaid territories of Her Britannic Majesty, who are accused, or who have been convicted, of having committed a criminal act in any of the dependencies of Germany, shall be mutually extradited in accordance with the provisions of the aforesaid treaty, in so far as they are not modified by the present treaty. 66 ARTICLE II. "For the purposes of the present treaty, the following are the dependencies of Germany referred to in article I.: Extradition Treaty with Germany. "The territories in Africa, in New Guinea, and in the Pacific Ocean which, by agreement between Germany and Great Britain, have been, or shall in future be, reserved to Germany as spheres of influence, protectorates, or possessions. 66 ARTICLE III. "In place of article III. of the Extradition Treaty of the 14th May, 1872, it is hereby provided, with regard to the dependencies of Germany, that there shall be no obligation to grant the extradition from those dependencies of natives or of subjects of the empire, and that the British authorities shall be under no obligation to grant the extradition of British subjects who have been accused or convicted of a criminal act in those dependencies. 66 ARTICLE IV. "There shall be no obligation to grant extradition from the dependencies of Germany in cases where, before the extradition has taken place, such an application has been received for the transfer of the person in question to the territory of the German Empire as must, according to law, be complied with. The granting of extradition from a dependency of Germany must always be considered as being on the condition that no such application shall have been received before the extradition is carried out. In case the transfer to Germany takes place, it shall, however, be open to the British Government to apply for the extradition of the person concerned from Germany, in accordance with the terms of the treaty of the 14th May, 1872. 66 ARTICLE V. "Applications for extradition from dependencies of Germany shall be made through the British ambassador at Berlin, in accordance with paragraph 1 of article VIII. of the treaty of the 14th May, 1872, but in the case of persons who are accused, or who have been convicted, of criminal acts in the colonies or foreign possessions of Her Britannic Majesty, the application for extradition may be made to the chief authority of the dependency of Germany from which the extradition of the persons in question is desired by the chief consular officer of Her Britannic Majesty in the dependency in question, if there be a consular officer therein, or, if there be none, then by the governor or other chief authority of the colony or foreign possession of Her Britannic Majesty concerned. It shall, however, be open to the chief authority of the dependency of Germany to refer to the German Government in case of doubt whether the application for extradition should be complied with. Applications for the extradition of criminals to one of the dependencies of Germany shall be made in the manner provided in article VIII., paragraph 1, and article xv. of the treaty of the 14th of May, 1872; in case, however, there should be no German consular officer in the colony or foreign possession of Her Britannic Majesty from which the extradition is desired, the application may be made by the governor or other chief authority of the dependency of Germany which is concerned to the governor or other chief authority of the colony or possession concerned. Extradition Treaty with Germany. ARTICLE VI. "The present treaty shall be ratified, and the ratifications shall be exchanged as soon as possible. "The treaty shall come into operation two months after the exchange of the ratifications, and shall remain in force as long as the treaty of the 14th of May, 1872, remains in force, that is, it shall terminate with the termination of that treaty. "In witness whereof the respective plenipotentiaries have signed the same, and have affixed thereto the seal of their arms. "Done at London, the fifth day of May, in the year of our Lord one thousand eight hundred and ninety-four. (L.S.) "KIMBERLEY, (L.S.) “P. HATZFELDT." And whereas the ratifications of the said treaty were exchanged at London on the third day of December, one thousand eight hundred and ninety-four. Now, therefore, Her Majesty, by and with the advice of her Privy Council, and in virtue of the authority committed to her by the said recited Acts, doth order, and it is hereby ordered, that from and after the third day of February, one thousand eight hundred and ninety-five, the said Acts shall apply in the case of the said treaty with His Majesty the German Emperor, King of Prussia, and of the dependencies of Germany referred to therein. Provided always, and it is hereby further ordered, that the operation of the said Extradition Acts, 1870 and 1873, shall be suspended within the Dominion of Canada so far as relates to the said dependencies of Germany and to the said treaty, and so long as the provisions of the Canadian Act aforesaid of 1886 continue in force, and no longer. And whereas the immediate operation of this Order is urgent, this Order shall come into operation on the said third day of February, one thousand eight hundred and ninety-five. Vide Canada Gazette, vol. XXVIII., p. 1738. C. L. PEEL. |