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After two months the persons apprehended may be discharged, if not conveyed out of her Majesty's dominions.

5. Where any fugitive who has been committed under this Act, to remain until delivered up pursuant to requisition as aforesaid, is not delivered up pursuant thereto, and conveyed out of her Majesty's dominions, within two calendar months after such committal, it shall be lawful for any of her Majesty's judges in that part of her Majesty's dominions in which such fugitive is in custody, upon application made to him by or on behalf of the person so committed, and upon proof that reasonable notice of the intention to make such application has been given to some or one of her Majesty's principal secretaries of state in Great Britain, or in Ireland to the Chief Secretary of the Lord-Lieutenant of Ireland, and in any of her Majesty's colonies or possessions abroad to the officer administering the government of any such colony or possession, to order the person so committed to be discharged out of custody, unless sufficient cause is shown to such judge why the prisoner should not be discharged.

Limits of Act.

6. If, by any law or ordinance to be hereafter made by the local legislature of any British colony or possession abroad, provision may be made for carrying into complete effect within such colony or possession the objects of this Act by the substitution of some other enactment in lieu thereof, it shall be competent to her Majesty, with the advice of her Privy Council, (if to her Majesty in Council it seem meet, but not otherwise,) to suspend the operation within any such colony or possession of this Act so long as such substituted enactment continues in force there, and no longer.

Continuance of Act.

7. This Act shall continue in force during the continuance of the said Convention.

SCHEDULE.

Convention between her Majesty and the King of Denmark, for the mutual surrender of criminals. Signed at London, April 15, 1862. Ratifications exchanged at London, May 27, 1862.

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and his Majesty the King of

Denmark, 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; their said Majesties having named as their plenipotentiaries to conclude a Convention for this purpose; that is to say,

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honourable John Earl Russell, Viscount Amberley of Amberley and Ardsalla, a peer of the United Kingdom, a member of her Majesty's Most Honourable Privy Council, her principal Secretary of State for Foreign Affairs;

And his Majesty the King of Denmark, M. Torben de Bille, his chamberlain, Commander of the Order of Danebrog, and decorated with the cross of honour of the same order, his envoy extraordinary and minister plenipotentiary to her Britannic Majesty ;

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 :

ARTICLE I.

It is agreed that the high contracting parties shall, on requisition made in their name through the medium of their respective diplomatic agents, deliver up to justice persons who, being accused or convicted of murder, (comprehending the crimes of assassination, parricide, infanticide, and poisoning,) or attempt to commit murder, or of forgery, (comprehending the counterfeiting of bank-notes, or public securities, or money,) or of fraudulent bankruptcy, committed within the jurisdiction of the requiring party, shall be found within the territories of the other, provided that such persons are not subjects of the party upon which the requisition is made. Provided also, that in the case of a person accused, the surrender shall be made only when 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 convicted, the surrender shall be made only on the production of an authenticated copy of his conviction and on proof of his identity.

Consequently, on the part of the Danish government, the surrender shall be made only by the consent of the minister to whose department appertains the administration of justice, and after the production, in the case of a person accused, of a warrant of arrest or other equivalent judicial document issued by a judge or other competent authority in the United Kingdom, clearly setting forth the acts for which the fugitive shall have rendered himself accountable, or in the case of a person convicted, on the production of an authenticated copy of his conviction and on proof of his identity.

On the part of the British government, the surrender in the case of a person accused shall be made only on the warrant or other equivalent judicial document for the arrest of a fugitive issued by a judge or magistrate duly authorised to take cognisance of the acts charged against the fugitive in Denmark, and on duly authenticated depositions or statements on oath before such judge or magistrate, clearly setting forth the said acts, or on such other evidence thereof as, according to the laws of England, would warrant the apprehension of the said fugitive and his committal for trial for the said acts, if they had been therein committed, or in the case of a person convicted, on the production of an authenticated copy of his conviction and on proof of his identity.

ARTICLE II.

In the case of the person accused or convicted of any of the crimes mentioned in the preceding article, who may have fled from a colony or possession of one of the high contracting parties and be found in a colony or possession of the other, the surrender shall be made, subject always to the conditions prescribed in the preceding article, on a requisition addressed by the governor of the one colony directly to the governor of the other. The governor upon whom the requisition is made shall be at liberty either to grant the surrender or to refer the matter to his govern

ment.

ARTICLE III.

The expenses of any detention and surrender made in virtue of the preceding articles shall be borne and defrayed by the government in whose name the requisition shall have been made.

ARTICLE IV.

The present Convention shall come into operation as soon as the necessary legislative Acts shall have been passed. Either of the high contracting parties shall be at liberty to give notice to the other at any time for its termination; and in such case it shall altogether cease and determine at the expiration of six months from the date of such notice.

ARTICLE V.

The present Convention shall be ratified, and the ratifications shall be exchanged at London in one month, or sooner if possible.

In witness whereof, the respective plenipotentiaries have signed the present Convention, and have affixed thereto the seal of their arms.

Done at London the fifteenth day of April, in the year of our Lord one thousand eight hundred and sixty-two. (L.S.) RUSSELL.

(L.S.)

TORBEN BILLE.

29 & 30 VICT., CAP. CXXI.

AN ACT FOR THE AMENDMENT OF THE LAW RELATING TO TREATIES OF EXTRADITION.-10th August 1866. WHEREAS difficulties have been experienced in carrying into execution treaties for the extradition of persons accused of crimes between her Majesty and the sovereigns or governments of certain foreign states: And whereas the statutes now in force for this purpose have been found insufficient: And whereas it is expedient to amend the same, and to give greater facilities than at present exist under the aforesaid statutes for the admission in evidence of judicial or official documents or copies of documents: Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

Warrants of Arrest and Copies of Depositions to be received in Evidence if authenticated in manner specified by this Act. 1. That warrants of arrest and copies of depositions signed or taken by or before a judge or competent magistrate in any foreign state with which her Majesty may

have entered into, or may hereafter enter into, any treaty for the extradition of fugitive offenders or persons accused of crimes, shall henceforth be received in evidence if authenticated in the manner following, that is to say, if the warrant of arrest purports to be signed by a judge or other competent magistrate of the country in which the same shall have been issued, and if the copies of depositions purport to be certified under the hand of such judge or magistrate to be true copies of the original depositions, and if the signature of the judge or magistrate in each case shall be authenticated in the manner usual in the respective states or countries by the proper officer of the department of the minister of justice, and sealed with the official seal of such minister; and all courts of justice and magistrates in her Majesty's dominions shall take judicial notice of such official seal, and shall admit the documents so authenticated by it to be received in evidence without further proof.

This Act to be construed with 8 & 9 Vict., c. 113, and 14 & 15 Vict., c. 99.

2. This Act shall be construed with an Act passed in the eighth and ninth years of the reign of her Majesty, chapter one hundred and thirteen, intituled, "An Act to facilitate the Admission in Evidence of Official and other Documents," and also with an Act passed in the fourteenth and fifteenth years of the reign of her Majesty, chapter ninety-nine, intituled, "An Act to amend the Law of Evidence."

Duration of Act.

3. The duration of this Act shall be limited to the first day of September one thousand eight hundred and sixty

seven.

CANADA.

THE LAMIRANDE EXTRADITION CASE.

A complete account of this will be found in the following judgment delivered by Mr Justice Drummond :—“ On the 26th July last (1866) a document under the signature of his Excellency the Governor-General, purporting to be a warrant for the extradition of the petitioner, issued under the authority vested in his Excellency by the provisions of 6 and 7 Vict., intituled 'An Act to give effect to a Con

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