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PASSED IN THE SESSION HELD IN THE
THIRTY-FIRST YEAR OF THE REIGN OF HER MAJESTY
BEING THE FIRST SESSION OF THE FIRST PARLIAMENT OF CANADA.
Begun and holden at Ottawa, on the Sixth day of November, and adjourned on
THE RIGHT HONORABLE CHARLES STANLEY VISCOUNT MONCK,
PRINTED BY MALCOLM CAMERON,
LAW PRINTER TO THE QUEEN'S MOST EXCELLENT MAJESTY.
Anno Domini, 1869.
An Act respecting the Treaty between Her Majesty and the United States of America, for the apprehension and surrender of certain offenders.
[Reserved for the signification of Her Majesty's pleasure thereon, 22nd May, 1868; Royal Assent given by Her Majesty in Council on the 19th June, 1868; Proclamation thereof made by His Excellency the Governor General on the 8th August, 1868.]
THEREAS, by the tenth article of a Treaty between Her Preambie. Majesty and the United States of America, signed at Washington on the ninth day of August, in the year one thousand eight S. of 9th Treaty with hundred and forty-two, the ratifications whereof were exchanged August, 1842, at London, on the thirtieth day of October, in the same year, it recited. was agreed that Her Majesty and the said United States should, upon mutual requisition 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 of the High Contracting parties, should seek an Asylum or should be found within the Territories of the other, provided that this should only be done upon such evidence of criminality as according to the laws of the place where the fugitive or person so charged should be found, would justify his apprehension and commitment for trial if the crime or offence had been there committed; and that the respective Judges and other Magistrates of the two Governments should have power, jurisdiction and authority, upon complaint made under oath, to issue a warrant for the apprehension of the fugitive or person so charged, so that he might be brought before such Judges or other Magistrates respectively, to the end that the evidence of criminality might be heard and considered, and that if on such hearing the
evidence should be deemed sufficient to sustain the charge, it should be the duty of the examining Judge or Magistrate to certify the same to the proper Executive Authority, that a warrant might issue for the surrender of such fugitive; and that the expense of such apprehension and delivery should be borne and defrayed by the party making the requisition and receiving the fugitive; And whereas it is by the eleventh article of the said Treaty further agreed, that the tenth article herein before recited should continue in force until one or other of the High Contracting Parties should signify its wish to terminate it, and no longer; And whereas certain provisions of the Act passed by the Parliament of the United Kingdom of Great Britain and Ireland, in the Session held in the sixth and seventh years of Her Majesty's Reign, for giving effect to the Treaty aforesaid, and intituled: An Imp. Act 6, 7 Act for giving effect to a Treaty between Her Majesty and the United Viet., C. 70, States of America, for the apprehension of certain Offenders, have been found inconvenient in practice in Canada, and more especially that provision which requires that before the arrest of any such offender a Warrant shall issue under the Hand and Seal of the person administering the Government, to signify that a requisition hath been made by the authority of the United States for the delivery of the offender as aforesaid, and to require all Justices of the Peace, and other Magistrates and Officers of Justice, within their several jurisdictions, to govern themselves accordingly, and to aid in apprehending the person so accused, and in committing such person to Gaol for the purpose of being delivered up to justice according to the provisions of the said Treaty, inasmuch as by the delay occasioned by compliance with the said provision, an offender may have time afforded him for eluding pursuit; And whereas by the fifth section of the said Act it is enacted, that if by any Law or Ordinance to be thereafter made by local Legislature of any British Colony or Possession abroad, provision shall be made for carrying into complete effect within such Colony or Possession, the objects of the said Act, by the substitution of some other enactment in lieu thereof, then Her Majesty may, with the advice of Her Privy Council (if to Her Majesty in Council it seems meet), suspend, within any such Colony or Possession, the operation of the said Act of the Imperial Parliament, so long as such substituted enactment continues in force there, and no longer; And whereas it is expedient to make provision for carrying the objects of the said Act and Treaty into complete effect within the whole Dominion of Canada by the substitution of other enactments in lieu of those of the said Imperial Act: Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
By whose order and on
what evidence persons
certain crimes com
mitted in the
1. Upon complaint made under oath, or affirmation (in cases where affirmations can legally be taken instead of oaths), charging any person found within the limits of Canada with having committed, within the jurisdiction of the United States of America, any of the crimes enumerated or provided for by the said Treaty, it shall be lawful for any Judge of any of Her Majesty's Superior Courts
Courts in Canada, or any Judge of a County Court in Canada, or U. S., may be any Recorder of a City in Canada, or any Police Magistrate, or arrested and Stipendiary Magistrate in Canada, or any Judge of the Sessions of the Peace in the Province of Quebec, or any Inspector and Superintendent of Police, empowered to act as a Justice of the Peace in the Province of Quebec, or any Commissioner appointed for the purpose by the Governor under the Great Seal, (which appointment the Governor is hereby authorized to make, and under which Commission such Commissioner shall for the purposes of this Act, have all the powers of a Judge of one of Her Majesty's Superior Courts,) to issue his Warrant for the apprehension of the person so charged, that he may be brought before such Judge, Commissioner or other Officer, and upon the said person being brought before him, under such warrant, it shall be lawful for such Judge, Commissioner or other Officer, to examine upon oath any person or persons touching the truth of such charge, and upon such evidence as according to the laws of the Province in which he has been apprehended would justify the apprehension and committal for trial of the person so accused, if the crime of which he is so accused had been committed therein, it shall be lawful for such Judge, Commissioner or other Officer to issue his warrant for the commitment of the person so charged, to the proper gaol, there to remain until surrendered according to the stipulation of the said Treaty, or until discharged according to law; and the Judge, Commissioner or other Officer shall thereupon forthwith transmit or deliver to the Governor, a copy of all the testimony taken Copy of evibefore him, that a warrant may issue, upon the requisition of the dence to be United States, for the surrender of such person, pursuant to the the Governor. said Treaty.
of depositions may be re
2. In every case of complaint as aforesaid, and of a hearing Certain copies upon the return of the warrant of arrest, copies of the depositions upon which the original warrant was granted in the United ceived in States, certified under the hand of the person or persons issuing evidence. such warrant, and attested upon the oath of the party producing them, to be true copies of the original depositions, may be received in evidence of the criminality of the person so apprehended.
may after a
3. It shall be lawful for the Governor, at any time not less The Governor than seven days after the commitment of an accused person, according to the provisions of the first section, upon a requisition seven days made as aforesaid, by the United States, by Warrant under his from commithand and seal, to order the person so committed, to be delivered the delivery of to the person or persons authorized to receive such person in the the offender, on the requiname and on behalf of the said United States, to be tried for the sition of the crime of which such person stands accused, and such person shall U. s. be delivered up accordingly; and the person or persons, authorized as aforesaid, may hold such person in custody, and take him to the territories of the said United States, pursuant to the said Treaty; and if the person so accused, escapes out of any custody Provision in to which he stands committed, or to which he has been delivered case of es as aforesaid, such person may be retaken in the same manner as