A Treatise Upon the Law of Extradition: With the Conventions Upon the Subject Existing Between England & Foreign Nations, and the Cases Decided Thereon |
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Page 21
... custody and delivered to such persons as the sovereign of the state to which they belong shall appoint ; and if any of them should procure a writ of Habeas Corpus , the special matter might be returned , and they would not THE LAW OF ...
... custody and delivered to such persons as the sovereign of the state to which they belong shall appoint ; and if any of them should procure a writ of Habeas Corpus , the special matter might be returned , and they would not THE LAW OF ...
Page 43
... custody , and to take him or her to the territories of such foreign government , pursuant to such treaty and if the person so accused shall escape out of any custody to which he or she shall be committed , or to which he or she shall be ...
... custody , and to take him or her to the territories of such foreign government , pursuant to such treaty and if the person so accused shall escape out of any custody to which he or she shall be committed , or to which he or she shall be ...
Page 44
... custody , unless sufficient cause shall be shown to such judge why such dis- charge ought not to be ordered . " Sect . 5. And be it further enacted , That this Act shall continue in force during the existence of any treaty of ...
... custody , unless sufficient cause shall be shown to such judge why such dis- charge ought not to be ordered . " Sect . 5. And be it further enacted , That this Act shall continue in force during the existence of any treaty of ...
Page 52
... custody of such foreign go- vernment . " 2. For preventing the escape of any person so charged , before an order for his transmission can be obtained from the Governor , any judge or jus- țice of the peace in Upper Canada , acting ...
... custody of such foreign go- vernment . " 2. For preventing the escape of any person so charged , before an order for his transmission can be obtained from the Governor , any judge or jus- țice of the peace in Upper Canada , acting ...
Page 53
... custody until application can be made to the Governor for his surrender , and until an order can be made thereon . " 3. But it shall not be incumbent upon the Governor in council to deliver up any person so charged , if for any reason ...
... custody until application can be made to the Governor for his surrender , and until an order can be made thereon . " 3. But it shall not be incumbent upon the Governor in council to deliver up any person so charged , if for any reason ...
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A Treatise Upon the Law of Extradition: With the Conventions Upon the ... Edward Clarke No preview available - 2017 |
Common terms and phrases
acts charged aforesaid application apprehension arrêt ARTICLE authenticated authorised Britain Britannic Majesty Canada Code Pénal colony or possession commit murder commitment for trial contumace convicted Coppin Cour Cour d'Assises Cour de Cassation court crime prévu crime provided criminal custody delivered demand denomination discharged enacted England English equivalent judicial document evidence executive felony forgery fraudulent bankruptcy French Government fugitive G. C. Lewis Governor granted habeas corpus Ireland issue his warrant judge or magistrate jurisdiction King King of Denmark l'extradition le fugitif Lord Lord-Lieutenant of Ireland Lower Canada magistrate Majesty Majesty's dominions Majesty's principal secretaries ment Minister of Justice nation Penal Code person accused person or persons person so accused piracy police political offence present Convention prévu et puni prisoner proof puni en France punished in France pursuant requisition Royaume Uni sous seal sera sous la dénomination statute supposed offender surrender tion United Kingdom Upper Canada Vict warrant of arrest
Popular passages
Page 31 - ... to the end that the evidence of criminality may be heard and considered; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper Executive authority, that a warrant may issue for the surrender of such fugitive.
Page 31 - And the respective Judges and other Magistrates of the two Governments shall have power, jurisdiction and authority, upon complaint made under oath to issue a warrant for the apprehension of the fugitive or person so charged, that he may be brought before such Judges or other Magistrates respectively to the end that the evidence of criminality may be heard and considered...
Page 22 - It is further agreed, that His Majesty and The United States, on mutual requisitions by them respectively, or by their respective Ministers, or Officers authorized to make the same, will deliver up to justice all Persons, who being charged with murder or forgery, committed within the jurisdiction of either, shall seek an. asylum within any of the Countries of the other...
Page 31 - ... of criminality may be heard and considered ; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining Judge or Magistrate to certify the same to the proper executive authority, that a warrant may issue for the surrender of such fugitive. The expense of such apprehension and delivery shall be borne and defrayed by the Party who makes the requisition and receives the fugitive.
Page 172 - Ne sera pas réputé délit politique, ni fait connexe à un semblable délit, l'attentat contre la personne du chef d'un État étranger ni contre celle d'un des membres de sa famille, lorsque cet attentat constituera le fait soit de meurtre, soit d'assassinat, soit d'empoisonnement.
Page 139 - ... pour aucun fait connexe à un semblable délit, ni pour aucun des crimes ou délits non prévus par la présente Convention.
Page 158 - ... upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the crime or offence had there been committed...
Page 116 - It is agreed that the United States and her Britannic Majesty shall, upon mutual requisitions by them, or their ministers, officers, or authorities, respectively made, deliver up to justice all persons who, being charged with the crime of murder...
Page 139 - L'extradition ne pourra avoir lieu si, depuis les faits imputés, la poursuite ou la condamnation , la prescription de l'action ou de la peine est acquise, d'après les lois du pays où le prévenu s'est réfugié.
Page 16 - What is done by the royal authority, with regard to foreign powers, is the act of the whole nation; what is done without the king's concurrence, is the act only of private men.