Court of Queen's Bench for Manitoba. In case such leave to appeal shall be prayed by the party or parties who is or are directed to pay any such sum of money or perform any duty, the said court may either direct that the judgment, decree, order or sentence appealed from shall be carried into execution, or that the execution thereof shall be suspended pending the said appeal, as to the said court may appear to be most consistent with real and substantial justice; And in case the said court shall direct such judgment, decree, order or sentence to be carried into execution, the person or persons in whose favour the same shall be given shall, before the execution thereof, enter into good and sufficient security to be approved by the said court for the due performance of such order as Her Majesty, her heirs and successors, shall think fit to make upon such appeal; In all cases security shall also be given by the party or parties appellant in a bond or mortgage or personal recognizance not exceeding the value of five hundred pounds sterling (£500) for the prosecution of the appeal, and the payment of all such costs as may be awarded by Her Majesty, her heirs and successors, or by the Judicial Committee of Her Majesty's Privy Council, to the party or parties respondent; and if such last-mentioned security shall be entered into within three months from the date of such motion or petition for leave to appeal, then, and not otherwise, the said court shall admit the appeal and the party or parties appellant shall be at liberty to prefer and prosecute his, her or their appeal to Her Majesty, her heirs and successors, in her or their Privy Council, in such manner and under such rules as are or may be observed in appeals made to Her Majesty from Her Majesty's colonies and plantations abroad. 2. It shall be lawful for the said Supreme Court at its discretion, on the motion or petition of any party who considers himself aggrieved by any preliminary or interlocutory judgment, decree, order or sentence of the said Supreme Court, to grant permission to such party to appeal against the same to Her Majesty, her heirs and successors, in her or their Privy Council, subject to the same rules, regulations and limitations as are herein expressed respecting appeals from final judgments, decrees, orders and sentences. 3. Nothing herein contained doth or shall extend or be construed to extend to take away or abridge the undoubted right and authority of Her Majesty, her heirs and successors, upon the humble petition of any person or persons aggrieved by any judgment or determination of the said court, at any time to admit his, her or their appeal therefrom, upon such terms as Her Majesty, her heirs or successors, shall think fit, and to reverse, correct or vary such judgment or determination in such manner as to Her Majesty, her heirs and successors, shall seem meet. 4. In all cases of appeal admitted by the said court, or by Her Majesty, her heirs or successors, the said court shall certify and transmit to Her Majesty, her heirs or successors, in her or their Privy Council, a true and exact copy of all evidence, proceedings, judgments, decrees and orders had or made in such cases appealed so far as the same have relation to the matter of appeal, such copies to be certified under the seal of the said court, and the said court shall also certify and transmit to Her Majesty, her heirs and successors, in her or their Privy Council, a copy of the reasons given by the judges of such Court of Queen's Bench for Manitoba. court, or by any of such judges, for or against the judgment or determination appealed against, where such reasons shall have been given in writing, and where such reasons shall have been given orally, then a statement in writing of the reasons given by the judges of such court, or by any such judges, for or against the judgment or determination appealed against. 5. The said court shall, in all cases of appeal to Her Majesty, her heirs or successors, conform to and execute, or cause to be executed, such judgments and orders as Her Majesty, her heirs and successors, shall think fit to make in the premises, in such manner as any original judgment, decree or decretal order, or other order or rule of the said court should or might have been executed. And the Right Honourable Lord Knutsford, one of Her Majesty's Principal Secretaries of State, is to give the necessary directions herein accordingly. C. L. PEEL. AT THE COURT AT WINDSOR, THE 9TH DAY OF MAY, 1892. WE WHEREAS 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 by an 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 Extradition of Fugitive Criminals—Monaco. 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 seventeenth day of December, one thousand eight hundred and ninety-one, between Her Majesty and His Serene Highness the Prince of Monaco, 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, Empress of India, and His Serene Highness the Prince of Monaco, having judged it expedient, with a view to the better administration of justice and to the prevention of crime within their respective territories, that persons charged with or convicted of the crimes hereinafter enumerated, and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up; the said high contracting parties 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, Empress of India, Edwin Henry Egerton, Esquire, Companion of the most Honourable Order of the Bath, Iler Majesty's Minister Plenipotentiary at Paris; "And His Serene Highness the Prince of Monaco,-Louis Fernand de Bonnefoy, Baron du Charmel, Envoy Extraordinary and Minister Plenipotentiary of Monaco in France; "Who, having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following articles: (C ARTICLE I. "The high contracting parties engage to deliver up to each other those persons who, being accused or convicted of a crime or offence committed in the territory of the one party, shall be found within the territory of the other party, under the circumstances and conditions stated in the present treaty. (6 ARTICLE II. "The crimes or offences for which the extradition is to be granted are the following: "1. Murder, or attempt or conspiracy to murder. "2. Manslaughter. "3. Assault occasioning actual bodily harm. Malicious wounding or inflicting grievous bodily harm. "4. Counterfeiting or altering money, or uttering counterfeit or altered money. 5. Knowingly making any instrument, tool, or engine adapted and intended for counterfeiting coin. "6. Forgery, counterfeiting, or altering or uttering what is forged, or counterfeited, or altered. Extradition of Fugitive Criminals-Monaco. "7. Embezzlement or larceny. "8. Malicious injury to property if the offence be indictable. "9. Obtaining money, goods or valuable securities, by false pretenses. "10. Receiving money, valuable security or other property, knowing the same to have been stolen, embezzled or unlawfully obtained. "11. Crimes against bankruptcy law. "12. Fraud by a bailee, banker, agent, factor, trustee, or director, or member, or public officer of any company. "13. Perjury, or subornation of perjury. "14. Rape. "15. Carnal knowledge, or any attempt to have carnal knowledge, of a girl under sixteen years of age, so far as such acts are punishable by the law of the state upon which the demand is made. "16. Indecent assault. Indecent assault without violence upon children of either sex under thirteen years of age. "17. Administering drugs or using instruments with intent to procure the miscarriage of a woman. "18. Abduction. "19. Child-stealing. "20. Abandoning children, exposing or unlawfully detaining them. "22. Burglary or housebreaking. "23. Arson. "24. Robbery with violence. "25. Any malicious act done with intent to endanger the safety of any person in a railway train. "26. Threats by letter, or otherwise, with intent to extort. "27. Piracy by law of nations. "28. Sinking or destroying a vessel at sea, or attempting or conspiring to do so. "29. Assaults on board a ship on the high seas, with intent to destroy life, or to do grievous bodily harm. "30. Revolt, or conspiracy to revolt, by two or more persons on board a ship on the high seas against the authority of the master. "31. Dealing in slaves in such manner as to constitute a criminal offence. against the laws of both states. "Extradition is also to be granted for participation in any of the aforesaid crimes, provided such participation be punishable by the laws of both contracting parties. "Extradition may also be granted at the discretion of the state applied to, in respect of any other crime for which, according to the laws of both the contracting parties for the time being in force, the grant can be made. ARTICLE III. "Either government may, in its absolute discretion, refuse to deliver up its own subjects to the other government. Extradition of Fugitive Criminals—Monaco. 66 ARTICLE IV. "The extradition shall not take place if the person claimed on the part of the British Government, or the person claimed on the part of the Government of Monaco has already been tried and discharged or punished, or is still under trial, within the territories of the two high contracting parties, respectively, for the crime for which his extradition is demanded. "If the person claimed on the part of the British Government, or if the person claimed on the part of the Government of Monaco should be under examination, or is undergoing sentence under a conviction, for any other crime within the territories of the two high contracting parties respectively, his extradition shall be deferred until after he has been discharged, whether by acquittal or on expiration of his sentence, or otherwise. 66 ARTICLE V. "The extradition shall not take place if, subsequently to the commission of the crime, or the institution of the penal prosecution, or the conviction thereon, exemption from prosecution or punishment has been acquired by lapse of time, according to the laws of the state applied to. "ARTICLE VI. "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. 66 ARTICLE VII. "A person surrendered can in no case be kept in prison or be brought to trial in the state to which the surrender has been made for any other crime, or on account of any other matters than those for which the extradition shall have taken place, until he has been restored or had an opportunity of returning to the state by which he has been surrendered. "This stipulation does not apply to crimes committed after the extradition. 66 ARTICLE VIII. 66 "The requisition for extradition shall be made in the following manner: Applications on behalf of Her Britannic Majesty's Government for the surrender of a fugitive criminal in Monaco shall be made by Her Majesty's consul in the principality. "Application on behalf of the principality of Monaco for the surrender of a fugitive criminal in the United Kingdom shall be made by the Consul General of Monaco in London. "The requisition for the extradition of an accused person must be accompanied by a warrant of arrest issued by the competent authority of the state requiring the extradition, and by such evidence as, according to the laws of the place where the accused is found, would justify his arrest if the crime had been committed there. |