copies thereof purport to be certified to be the originals or true copies by a Judge, Magistrate, or officer of the foreign State;

(b.) And if in every case the papers are authenticated by the oath or affirmation of some witness, or by being sealed with the official seal of the Minister of Justice, or some other Minister of the foreign State; of which seal the Judge shall take judicial notice without proof.

10. A warrant issued under this Act may be executed in any part of Canada in the same manner as if it had been originally issued or subsequently endorsed, by a Justice of the Peace having jurisdiction in the place where it is executed.

11. Where this Act applies, a Judge may issue his warrant for the apprehension of a fugitive on a foreign warrant of arrest, or on information or complaint laid before him, and on such evidence or after such proceedings as in his opinion would, subject to the provisions of this Act, justify the issue of his warrant if the crime, of which the fugitive is accused or alleged to have been convicted, had been committed in Canada;

(2.) The Judge shall forthwith send a report of the fact of the issue of the warrant, together with certified copies of the evidence and foreign warrant, information or complaint, to the Minister of Justice.

12. The fugitive shall be brought before a Judge, who shall, subject to the provisions of this Act, hear the case in the same manner, as near as may be, as if the fugitive were brought before him charged with an indictable offence committed in Canada;

(2.) The Judge shall receive upon oath, or affirmation where affirmation is allowed by the law of Canada, the evidence of any witness tendered to show the truth of the charge or the fact of the conviction;

(3.) The Judge shall receive, in like manner, any evidence tendered to show that the crime of which the fugitive is accused or alleged to have been convicted, is an offence of a political character, or is for any other reason not an extradition crime; or that the proceedings are, in fact, being taken with a view to prosecute or punish him for an offence of a political character.

13. In the case of a fugitive alleged to have been convicted of an extradition crime, if such evidence is produced as would, according to the law of Canada, subject to the provisions of this Act, prove that he was so convicted; and (2), in the case of a fugitive accused of an extradition crime, if such evidence is produced as would, according to the law of Canada, subject to the provisions of this Act, justify his committal for trial, in case the crime had been committed in Canada, the Judge shall issue his warrant for the committal of the fugitive to the nearest convenient

prison, there to remain until surrendered to the foreign State, or discharged according to law; but otherwise the Judge shall order him to be discharged.

14. If the Judge commits a fugitive to prison, he shall on such committal

(1,) Inform him that he will not be surrendered until after the expiration of 15 days, and that he has a right to apply for a writ of habeas corpus ; and

(2.) Transmit to the Minister of Justice a certificate of the committal, with a copy of all the evidence taken before him not already so transmitted, and such report upon the case as he may think fit.

15. A requisition for the surrender of a fugitive criminal of a foreign State who is or is suspected of being in Canada may be made to the Minister of Justice by any person recognized by him as a Consular Officer of that State resident at Ottawa; or by any Minister of that State communicating with the Minister of Justice through the Diplomatic Representative of Her Majesty in that State; or if neither of these modes be convenient, then in such other mode as may be settled by arrangement.

16. In case the Minister of Justice at any time determines—(1) that the offence in respect of which proceedings are being taken under this Act is one of a political character; (2) that the proceedings are in fact being taken with a view to try or punish the fugitive for an offence of a political character; or (3) [that for any other reason he ought not to be surrendered; or (4)*] that the foreign State does not intend to make a requisition for surrender; the Minister of Justice may refuse to make an order for surrender, and may by order under his hand and seal cancel any order made by him, or any warrant issued by a Judge under this Act, and order the fugitive to be discharged out of custody on any committal made under this Act; and the fugitive shall be discharged accordingly.

17. A fugitive shall not be surrendered until after the expiration of 15 days from the date of his committal for surrender: nor (in case a writ of habeas corpus is issued) until after the decision of the Court remanding him;

(2.) A fugitive who has been accused of some offence within Canadian jurisdiction, not being the offence for which his surrender is asked, or who is undergoing sentence under a conviction in Canada, shall not be surrendered until after he has been discharged, whether by acquittal, or by expiration of his sentence, or otherwise.

18. Subject to the provisions of this Act, the Minister of * Struck out by "Amendment Act, 1882."

Justice, upon the requisition of the foreign State, may, under his hand and seal, order a fugitive who has been committed for surrender to be surrendered to the person or persons who may, in his opinion, be duly authorized to receive him in the name and on behalf of the foreign State, and he shall be so surrendered accordingly;

(2.) It shall be lawful for any person to whom such order is directed to deliver, and for the person or persons so authorized to receive, hold in custody, and convey the fugitive within the jurisdiction of the foreign State; and if he escapes out of any custody to which he may be delivered, on or in pursuance of such order, it shall be lawful to retake him in the same manner as any person accused or convicted of any crime against the laws of Canada may be retaken on an escape,

19. Everything found in the possession of the fugitive at the time of his arrest, which may be material as evidence in making proof of the crime, may be delivered up with the fugitive on his surrender, subject to all rights of third persons with regard thereto.

20. If a fugitive is not surrendered and conveyed out of Canada within two months after his committal for surrender, or (in case a writ of habeas corpus is issued) then within two months after the decision of the Court on such writ, over and above, in either case, the time required to convey him from the prison to which he has been committed, by the readiest way out of Canada, it shall be lawful for any one or more of the Judges of the Superior Courts of the province or territory in which such person is confined, having power to grant a writ of habeas corpus, upon application made to him or them by or on behalf of the fugitive, and on proof that reasonable notice of the intention to make such application has been given to the Minister of Justice, to order the fugitive to be discharged out of custody, unless sufficient cause be shown against such discharge.

21. The forms set forth in the Third Schedule to this Act, or forms as near thereto as circumstances admit, may be used in the matters to which such forms refer, and, when used, shall be deemed valid.

22. A requisition for the surrender of a fugitive criminal from Canada, who is or is suspected of being in any foreign State with which there is an Extradition Arrangement, may be made by the Minister of Justice to a Consular Officer of that State resident at Ottawa, or to the Minister of Justice or any other Minister of that State, through the Diplomatic Representative of Her Majesty in that State; or, if neither of these modes be convenient, then in such other mode as may be settled by arrangement.

23. When any person accused or convicted of an extradition crime is surrendered by a foreign State in pursuance of any Arrangement, such person shall not-until after he has been restored, or has had an opportunity of returning to the foreign State within the meaning of the Arrangement-be subject, in contravention of any term of the Arrangement, to any prosecution or punishment in Canada, for any other offence committed prior to his surrender, for which he should not, under the Arrangement, be prosecuted. 24. This Act may be cited as "The Extradition Act, 1877.”

FIRST SCHEDule.

Arrangements referred to in the preamble :

Treaty between Her Majesty and the United States of America, signed at Washington, August 9, 1842; ratifications exchanged at London, October 13, 1842. [Vol. XXX. Page 360.]

Convention between Her Majesty and the King of the French, signed at London, February 13, 1843; ratifications exchanged at London, March 13, 1843. [Vol. XXXI. Page 194.]

Treaty between Her Majesty and the Emperor of Germany, signed at London, May 14, 1872; ratifications exchanged at London, June 11, 1872. [Vol. LXII. Page 5.]

Treaty between Her Majesty and the King of the Belgians, signed at Brussels, July 31, 1872; ratifications exchanged at Brussels, August 9, 1872. [Vol. LXII. Page 23.]

Treaty between Her Majesty and the King of Italy, signed at Rome, February 5, 1873; ratifications exchanged at Rome, March 18, 1873. [Vol. LXIII. Page 19.]

Treaty between Her Majesty and the King of Denmark, signed at Copenhagen, March 31, 1873; ratifications exchanged at Copenhagen, April 26, 1873. [Vol. LXIII. Page 5.]

Treaty between Her Majesty and the Emperor of Brazil, signed at Rio de Janeiro, November 13, 1872; ratifications exchanged at Rio de Janeiro, August 28, 1873. [Vol. LXII. Page 267.]

Treaty between Her Majesty and the King of Sweden and Norway, signed at Stockholm, June 26, 1873; ratifications exchanged at Stockholm, September 28, 1873. [Vol. LXIII. Page 175.]

Treaty between Her Majesty and the Emperor of Austria, signed at Vienna, December 3, 1873; ratifications exchanged at Vienna, March 10, 1874. [Vol. LXIII. Page 213.]

Treaty between Her Majesty and the King of the Netherlands, signed at The Hague, June 19, 1874; ratifications exchanged at The Hague, July 21, 1874. [Vol. LXV. Page 54.]

Treaty between Her Majesty and the Swiss Confederation, signed at Berne, March 31, 1874; ratifications exchanged at Berne, December 31, 1874. [Vol. LXV. Page 78.]

Treaty between Her Majesty and the President of the Republic of Hayti, signed at Port-au-Prince, December 7, 1874; ratifications exchanged at Port-auPrince, September 2, 1875. [Vol. LXV. Page 44.]

Treaty between Her Majesty and the President of the Republic of Hon

duras, signed at Guatemala, January 6, 1874; ratifications exchanged at Guatemala, October 12, 1875. [Vol. LXV. Page 48.]

SECOND SCHedule.

The following list of crimes is to be construed according to the law existing in Canada at the date of the alleged crime, whether by common law or by statute made before or after the passing of this Act, and as including only such crimes, of the descriptions comprised in the list, as are, under that law, indictable offences :

Murder, or attempt or conspiracy to murder;

Manslaughter;

Counterfeiting or altering money, and uttering counterfeit or altered money; Forgery, counterfeiting or altering, or uttering what is forged, counterfeited, or altered;

Larceny;

Embezzlement;

Obtaining money or goods, or valuable securities, by false pretences;

Crimes against bankruptcy or insolvency law;

Fraud by a bailee, banker, agent, factor, trustee, or by a director or member

or officer of any company, which fraud is made criminal by any Act for the time being in force;

Rape;

Abduction;
Child-stealing;

Kidnapping;

False imprisonment;

Burglary, house-breaking or shop-breaking ;

Arson;

Robbery ;

Threats by letter or otherwise, with intent to extort;

Perjury or subornation of perjury ;

Piracy by municipal law or law of nations, committed on board of or against a vessel of a foreign State;

Criminal scuttling or destroying such a vessel at sea, whether on the high seas or on the great lakes of North America, or attempting or conspiring to do

Assault on board such vessel at sea, whether on the high seas or on the great lakes of North America, with intent to destroy life or to do grievous bodily harm;

Revolt or conspiracy to revolt by two or more persons on board such a vessel at sea, whether on the high seas or on the great lakes of North America, against the authority of the master;

Any offence under the Act of Canada, passed in the year of Our Lord 1869, intituled "An Act respecting Larceny and other similar Offences," or any Act amending or substituted for the same, which offence is not included in any foregoing portion of this Schedule ;

Any offence under the Act passed in the said year, intituled “An Act respecting Malicious Injuries to Property," or any Act amending or substituted for the same, which offence is not included in any foregoing portion of this Schedule ;

Any offence under the Act passed in the said year, intituled " An Act respecting Forgery," or any Act amending or substituted for the same, which offence is not included in any foregoing portion of this Schedule ;