ORDERS IN COUNCIL AND TREATIES. EXTRADITION TREATY WITH THE REPUBLIC OF THE EQUATOR. AT THE COURT AT WINDSOR, THE 26TH DAY OF JUNE, 1886. Present: THE QUEEN'S MOST EXCELLENT MAJESTY. Lord President. Lord Steward. Earl of Rosebery. 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 : And whereas in accordance with section 18 of "The Extradition Act, 1870," the Legislature of the Dominion of Canada has, by laws passed in the years 1877 and 1882, and respectively styled "The Extradition Act, 1877," and "An Act to amend the Extradition Act, 1877," made provision for carrying into effect within the Dominion the surrender of fugitive criminals who are in, or are suspected of being in, the Dominion: And whereas a Treaty was concluded on the twentieth day of September, one thousand eight hundred and eighty, between Her Majesty and the President of the Republic of the Equator, 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 His Excellency the President of the Republic of Ecuador, VOL. 1-C having Extradition Treaty with the Republic of the Equator. having judged it expedient, with a view to the better administration of justice, and to the prevention of crime within their respective territories and jurisdictions, that persons charged with or convicted of the crimes hereinafter enumerated, and being fugitives from justice, should under certain circumstances be reciprocally delivered up; Her Britannic Majesty and the President of Ecuador have named as their Plenipotentiaries to conclude a Treaty for this purpose, that is to say: Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Frederick Douglas Hamilton, Esquire, her Minister Resident at Ecuador; "And His Excellency the President of Ecuador, General Cornelio E. Vernaza, Minister of Foreign Affairs and of the Interior; "Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following articles: 66 ARTICLE I. "It is agreed that Her Britannic Majesty's Government and that of Ecuador shall, on requisition made in their name by their respective Diplomatic Agents, deliver up to each other reciprocally any persons who, being accused or convicted of any of the crimes hereinafter specified, committed within the jurisdiction of the requiring party, shall be found within the territories of the other party : "1. Murder, or attempt or conspiracy to murder; "2. Manslaughter; "3. Counterfeiting or altering money, or uttering counterfeit or altered money; 4. Forgery, counterfeiting, or altering, or uttering what is forged or counterfeited or altered; "5. Embezzlement or larceny ; "6. Obtaining money or goods by false pretences; "7. Crimes against bankruptcy law ; "8. Fraud by a bailee, banker, agent, factor, trustee, or director, or member or public officer of any company made criminal by any law for the time being in force; "9. Rape; "10. Abduction; "11. Child stealing; "12. Burglary or housebreaking; "13. Arson; "14. Robbery with violence; "15. Threats by letter or otherwise with intent to extort; "16. Piracy by law of nations; "17. Sinking or destroying a vessel at sea, or attempting or conspiring to do so; "18. Assaults on board a ship on the high seas with intent to destroy life or to do grievous bodily harm; Extradition Treaty with the Republic of the Equator. 19. Revolt or conspiracy to revolt by two or more persons on board a ship on the high seas against the authority of the captain or master. "Provided that the surrender shall be made only when, in the case of a person accused, the commission of the crime shall be so established as that the laws of the country where the fugitive or person so accused shall be found would justify his apprehension and commitment for trial, if the crime had been there committed; and, in the case of a person alleged to have been convicted, on such evidence as, according to the laws of the country where he is found, would prove that he had been convicted. ARTICLE II. "In the Dominions of Her Britannic Majesty, other than the foreign or colonial possessions of Her Majesty, the manner of proceeding shall be as follows: "1. 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 some person recognized by the Secretary of State as a Diplomatic Representative of the Republic of Ecuador, accompanied by a warrant or other equivalent judicial document for the arrest of the accused, issued by a Judge or Magistrate duly authorized to take cognizance of the acts charged against him in Ecuador, together with duly authenticated depositions or statements taken on oath before such Judge or Magistrate, clearly setting forth the said acts, and 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 in virtue of such warrant, he shall be brought before the Police Magistrate who issued it, 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. "After the expiration of a period from the committal of the prisoner, which shall never be less than fifteen days, the Secretary of State shall, by order under his hand and seal, order the fugitive criminal to be surrendered to such person as may be duly authorized to receive him on the part of the Government of Ecuador. * 2. Extradition Treaty with the Republic of the Equator. "2. In the case of a person convicted: "The course of proceeding shall be the same as in the case of a person accused, except that the warrant to be transmitted by the recognized Diplomatic Representative, in support of his requisition, shall clearly set forth the crime of which the person claimed has been convicted, and state the fact, place and date of his conviction. The evidence to be produced before the Police Magistrate shall be such as would, according to the law of England, prove that the prisoner was convicted of the crime charged. "After the Police Magistrate shall have committed the accused or convicted person to prison to await the order of a Secretary of State for his surrender, such person shall have the right to apply for a writ of habeas corpus. If he should so apply, his surrender must be deferred until after the decision of the court upon the return to the writ, and even then can only take place if the decision is adverse to the applicant. In the latter case the court may at once order his delivery to the person authorized to receive him, without the order of a Secretary of State for his surrender, or commit him to prison to await such order. A like proceeding shall be observed towards criminals in prison in Ecuador. 66 ARTICLE III. "In the Republic of Ecuador the manner of proceeding shall be as follows: "1. In the case of a person accused: "The requisition for the surrender shall be made to the Minister for Foreign Affairs of Ecuador by the Minister or other Diplomatic Agent of Her Britannic Majesty, accompanied by a warrant for the arrest of the accused, issued by a judge or magistrate duly authorized to take cognizance of the acts charged against him in Great Britain, together with duly authenticated depositions or statements taken on oath before such judge or magistrate, clearly setting forth the said acts, and a description of the person claimed, and any other particulars which may serve to identify him. "The said documents shall be transmitted to the Minister Secretary of State for the Interior Department, who shall then, by order under his hand and seal, signify to some Police Magistrate 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 Minister Secretary of State, and on the production of such evidence as would justify the issue of the warrant, if the crime had been committed in Ecuador, he shall issue his warrant accordingly. "When the fugitive shall have been apprehended in virtue of such warrant he shall be brought before the Police Magistrate who issued it, or some other authority of the same class. If the evidence to be then produced shall be such as to justify, according to the law of Ecuador, the committal for trial of the prisoner if the crime of which he is accused has been committed in Ecuador, the Police Magistrate shall commit him to prison to await the warrant of the Secretary of State for his surrender, sending immediately |