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Preamble.

Section 8 of 37 V. c. 4 amended.

Amendment to apply to

39 V. c. 29.

CHAP. 23.

An Act to amend the Act respecting the Salaries of certain Judges.

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[Assented to 28th April, 1877.]

w ER Majesty by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The eighth section of the Act passed in the thirty-seventh year of Her Majesty's reign. chapter four, intituled "An Act to amend the Act thirty-sixth Victoria, chapter thirty-one, for the re-adjustment of the salaries of Judges, and other purposes" is hereby amended by striking out the words "for fifteen years" in the said section contained and substituting therefor the words "for ten years."

2. The amendment by this Act made shall extend to the application of the amended section to County Court Judges in Nova Scotia by virtue of the second section of the Act passed in the thirty-ninth year of Her Majesty's reign. chapter twenty-nine, intituled "An Act to provide for the salaries of County Court Judges in the Province of Nova Scotia, and for other purposes.”

Preamble.

Governor in

CHAP. 24.

An Act to provide for the payment of travelling allowances to the District or County Court Judges in the Province of British Columbia.

[Assented to 28th April, 1877.]

ER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as

follows:

1. The Governor in Council may, from time to time, fix Council may the travelling allowances of the Judges of the District or fix the allow- County Courts in the Province of British Columbia, and such travelling allowances may be paid out of any unappropriated moneys forming part of the Consolidated Revenue Fund of Canada.

ances.

How paid.

CHAP.

CHAP. 25.

An Act to make provision for the Extradition of Fugitive

Criminals.

[Assented to 28th April, 1877.]

all the

WHEREAS HEREAS the Parliament of Canada has all the powers Preamble. proper for making legislative provision for the extradi

tion from Canada of Fugitive Criminals;

And whereas the Parliament and Government of Canada have all the powers proper for performing the obligations of Canada as part of the British Empire towards Foreign States, arising under treaties between the Empire and foreign states;

And whereas several extradition arrangements, some of which are referred to in the first schedule to this Act, have been made between Her Majesty the Queen and Foreign States;

And whereas other such arrangements may, from time to time, be made;

And whereas it is proper to make provision by one Canadian law for the execution of all such arrangements:

Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Extradition

1. In this Act, unless the context otherwise requires, the Definition of term "extradition arrangement" means a treaty, convention terms used. or arrangement made by Her Majesty with a Foreign State arrangement. for the surrender of fugitive criminals, and extending to Canada:

The term "extradition crime" may mean any crime Erradition which, if committed in Canada, or within Canadian jurisdic- crime. tion, would be one of the crimes described in the second schedule to this Act, and in the application of this Act to the case of any extradition arrangement, means any crime described in such arrangement, whether comprised in the said schedule or not:

The terms "conviction" and "convicted" do not include Conviction. the case of a condemnation under foreign law by reason of Convicted. contumacy; but the term "accused person" includes a person

so condemned:

101

The

Fugitive. Fugitive criminal.

Foreign State.

Warrant, in case of Foreign State.

Judge.

Proceedings commenced under former law.

Acts repealed.

31 V., c. 94.

33 V., c. 25.

The terms "fugitive" and "fugitive criminal" mean a person being, or suspected of being, in Canada, who is accused or convicted of an extradition crime committed within the jurisdiction of any Foreign State:

The term "Foreign State" includes every colony, dependency and constituent part of the foreign state; and every vessel of any such state shall be deemed to be within the jurisdiction of, and to be part of the state:

The term "warrant", in the case of a Foreign State, includes any judicial document authorizing the arrest of a person accused or convicted of crime:

The term "judge" includes any person authorized to act judicially in extradition matters.

2. Proceedings for or in relation to the surrender of a fugitive criminal of a Foreign State, commenced under any other law previously to the time at which this Act shall apply in the case of that state, may be completed, and the fugitive surrendered or discharged, in the same manner as if this Act had not been passed.

3. The following Acts of the Parliament of Canadanamely, the Act passed in the year of our Lord, one thousand eight hundred and sixty-eight and intituled "An Act respecting the Treaty between Her Majesty and the United States of America for the apprehension and surrender of certain Offenders ;" and the Act passed in the year of our Lord, one thousand eight hundred and seventy, and intituled "An Act to amend the Act respecting the Extradition of certain Offenders to the United States of America ;" and the Act passed in the year of our Lord one thousand eight hundred and seventy36 V., c. 127. three, and intituled "An Act to make further provision respecting the Extradition of Criminals," are, save for the purposes of the second section of this Act, hereby repealed.

As to arrangements existing when this Act comes into force. Provided

4. In the case of any Foreign State with which there is at or after the time this Act comes into force, an extradition arrangement, this Act shall apply during the continuance of such arrangement: Provided that the operation of the Act of the Parliament of the United Kingdom passed in the Act of U. K., year of our Lord one thousand eight hundred and seventy,

operation of

1870, has

ceased in

Canada.

This Act not

arrangement,

and intituled "An Act for amending the law relating to the Extradition of Criminals," shall have ceased or been suspended within Canada in the case of that state:

(2.) For the avoidance of doubts, any provisions of this to contravene Act which may be deemed to be inconsistent with any term but to enforce of the arrangement shall not have effect to contravene the arrangement; and this Act shall be so read and construed as to provide for the execution of the arrangement;

it.

(3.) In the case of any Foreign State with respect to which When the Act the application to the United Kingdom of the said of U. K. is subject to Act of the Parliament of the United Kingdom is limitation in its applicamade subject to any limitation, condition, qualification or app. exception, the Governor in Council shall make the application of this Act, by virtue of this section, subject to any such limitation, condition, qualification or exception;

revoke any

(4.) The Governor in Council may, at any time, revoke or Governor in alter, subject to the restrictions of this Act, any Order made Council may by him in Council under this Act, and all the provisions of order. this Act with respect to the original Order shall, so far as applicable, apply mutatis mutandis to the new Order.

5. This Act, in so far as its application in the case of any Foreign State may depend on or be affected by any Order in Council made under or referred to in this Act, shall apply, or its application shall be affected, after the time specified in the Order, or, if no time be specified, after the date of the publication of the Order in the Canada Gazette:

If the appli cation of this

Act depends on Order in

Council.

Council in U.

(2.) Any Order of Her Majesty in Council referred to in Publication this Act, and any Order of the Governor in Council made of Order in under this Act, and any extradition arrangement not K. or Canada. already published in the Canada Gazette, shall be, as soon as may be, published in the Canada Gazette and laid before both Houses of Parliament:

Canada Ga

(3.) The publication in the Canada Gazette of an extra- Effect of pubdition arrangement, or an Order in Council, shall be evidence lication in of such arrangement or Order and of the terms thereof, and zette. of the application of this Act pursuant and subject thereto; and the validity of the Order: and the application of this Act pursuant and subject thereto, shall not be questioned.

offences.

6. No fugitive shall be liable to surrender under this Act No surrender if it appears-(1) that the offence in respect of which pro- for political ceedings are taken under this Act is one of a political character; or (2) that such proceedings are being in fact taken with a view to prosecute or punish him for an offence of a political character.

time when the

etc.

7. Every fugitive criminal of a Foreign State, in the Surrender not case of which state this Act applies, shall be liable to be to depend on apprehended, committed and surrendered in the manner offence was provided in this Act, whether the crime or conviction, in committed, respect of which the surrender is sought, was committed or took place before or after the date of the arrangement, or of the coming into force of this Act, or of the application of this Act in the case of such state, and whether there is or is not, any criminal jurisdiction in any court of Her Majesty's Dominions over the fugitive in respect of the crime.

What judges

under this

Act.

8. All judges of the superior courts and of the county may act judi- courts of any Province or Territory of Canada, and all comcially in cases missioners who may be, from time to time, appointed for the purpose in any such Province or Territory by the Governor under the Great Seal of Canada, by virtue of this Act, are authorized to act judicially in extradition matters under this Act within the Province or Territory; and every such person shall, for the purposes of this Act, have all the powers and jurisdiction of any judge or magistrate of the Province or Territory;

Powers.

No habeas

(2.) Nothing in this section shall be construed to confer corpus power. on any judge any jurisdiction in habeas corpus matters.

Depositions, 9. Depositions or statements taken in a Foreign State on etc., made in oath, or on affirmation, where affirmation is allowed by the ForeignStates or copies law of the state, and copies of such depositions or statethereof, when ments, and foreign certificates of, or judicial documents stating the fact of conviction, may, if duly authenticated, be received in evidence on proceedings under this Act;

receivable.

How to be authenticated.

If signed or certified.

Or authenti

or by seal.

(2.) Such papers shall be deemed duly authenticated, if authenticated in manner provided for the time being by law, or if authenticated as follows,

(a.) If the warrant purports to be signed by, or the certificate purports to be certified by, or the depositions or statements or the copies thereof purport to be certified to be the originals or true copies by a judge, magistrate or officer of the Foreign State;

(b.) And if in every case the papers are authenticated by cated on oath the oath or affirmation of some witness, or by being sealed with the official seal of the Minister of Justice, or some other Minister of the Foreign State; of which seal the judge shall take judicial notice without proof.

Warrant under this Ac', how executed.

On what grounds a

warrant may issue.

10. A warrant issued under this Act may be executed in any part of Canada in the same manner as if it had been originally issued, or subsequently endorsed, by a Justice of the Peace having jurisdiction in the place where it is executed.

11. Where this Act applies, a judge may issue his warrant for the apprehension of a fugitive on a foreign warrant of arrest, or an information or complaint laid before him, and on such evidence or after such proceedings as in his opinion would, subject to the provisions of this Act, justify the issue of his warrant if the crime, of which the fugitive is accused or alleged to have been convicted, had been committed in Canada:

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