Criminal sur- As to use of forms in second schedule. Revocation, in Council. Application of nel Islands Saving for Indian treaties. Power of foreign State to obtain evi dence in United King dom. Foreign State includes and so long as such law or ordinance continues in force, there, and no longer; or direct that such law or ordinance, or any part thereof, shall have effect in such British possession, with or without modifications and alterations, as if it were part of this Act. General Provisions. 19. Where, in pursuance of any arrangement with a foreign State, any person accused or convicted of any crime which, if committed in England, would be one of the crimes described in the first schedule to this Act is surrendered by that foreign State, such person shall not, until he has been restored or had an opportunity of returning to such foreign State, be triable or tried for any offence committed prior to the surrender in any part of Her Majesty's dominions other than such of the said crimes as may be proved by the facts on which the surrender is grounded. 20. The forms set forth in the second schedule to this Act, or forms as near thereto as circumstances admit, may be used in all matters to which such forms refer, and in the case of a British possession may be so used, mutatis mutandis, and when used shall be deemed to be valid and sufficient in law. 21. Her Majesty may, by Order in Council, revoke or alter, subject to the restrictions of this Act, any Order in Council made in pursuance of this Act, and all the provisions of this Act with respect to the original order shall (so far as applicable) apply, mutatis mutandis, to any such new order. 22. This Act (except so far as relates to the execution of warrants in the Channel Islands) shall extend to the Channel Islands and Isle of Man in the same manner as if they were part of the United Kingdom; and the royal courts of the Channel Islands are hereby respectively authorized and required to register this Act. 23. Nothing in this Act shall affect the lawful powers of Her Majesty or of the Governor-General of India in Council to make treaties for the extradition of criminals with Indian native States, or with other Asiatic States conterminous with British India, or to carry into execution the provisions of any such treaties made either before or after the passing of this Act. 24. The testimony of any witness may be obtained in relation to any criminal matter pending in any Court or tribunal in a foreign State in like manner as it may be obtained in relation to any civil matter under the Act of the session of the nineteenth and twentieth years of the reign of Her present Majesty, chapter one hundred and thirteen, intituled "An Act to provide for taking evidence in Her Majesty's dominions in relation to civil and commercial matters pending before foreign tribunals; " and all the provisions of that Act shall be construed as if the term civil matter included a criminal matter, and the term cause included a proceeding against a criminal: Provided that nothing in this section shall apply in the case of any criminal matter of a political character. 25. For the purposes of this Act, every colony, dependency, and constituent part of a foreign State, and every vessel of that State, shall dependencies. (except where expressly mentioned as distinct in this Act) be deemed to be within the jurisdiction of and to be part of such foreign State. 26. In this Act, unless the context otherwise requires,— The term "British possession" means any colony, plantation, island, territory, or settlement within Her Majesty's dominions, and not within the United Kingdom, the Channel Islands, Definition of session: and Isle of Man; and all colonies, plantations, islands, terri- The term "legislature means any person or persons who can "Legislaexercise legislative authority in a British possession, and ture:" where there are local legislatures as well as a central legisla ture, means the central legislature only: The term "governor" means any person or persons administering "Governor:" the government of a British possession, and includes the governor of any part of India : The term "extradition crime" means a crime which, if committed "Extradition in England or within English jurisdiction, would be one of crime: " the crimes described in the first schedule to this Act: The terms "conviction" and "convicted" do not include or refer "Convicto a conviction which under foreign law is a conviction for tion:" contumacy, but the term "accused person" includes a person so convicted for contumacy: The term fugitive criminal means any person accused or con- " "Fugitive victed of an extradition crime committed within the jurisdic- criminal:" tion of any foreign State who is in or is suspected of being in some part of Her Majesty's dominions; and the term "fugitive Fugitive criminal of a foreign State" means a fugitive criminal accused criminal of or convicted of an extradition crime committed within the a foreign jurisdiction of that State: 66 State:" State: The term 66 Secretary of State means one of Her Majesty's "Secretary of Principal Secretaries of State: The term "police magistrate means a chief magistrate of the "Police metropolitan police courts, or one of the other magistrates of magistrate: " the metropolitan police court in Bow Street: The term "justice of the peace" includes in Scotland any sheriff, "Justice of sheriff's substitute, or magistrate: peace: The term "warrant," in the case of any foreign State, includes "Warrant." any judicial document authorizing the arrest of a person accused or convicted of crime. Repeal of Acts. 27. The Acts specified in the third schedule to this Act are hereby Repeal of repealed as to the whole of Her Majesty's dominions; and this Act Acts in third (with the exception of anything contained in it which is inconsistent schedule. with the treaties referred to in the Acts so repealed) shall apply (as regards crimes committed either before or after the passing of this Act), in the case of the foreign States with which those treaties are made, in the same manner as if an Order in Council referring to such treaties had been made in pursuance of this Act, and as if such order had directed that every law and ordinance which is in force in any British possession with respect to such treaties should have effect as part of this Act. Provided that if any proceedings for or in relation to the surrender of a fugitive criminal have been commenced under the said Acts previously to the repeal thereof, such proceedings may be completed, and the fugitive surrendered, in the same manner as if this Act had not passed. [SCHEDULES. SCHEDULES. FIRST SCHEDULE. LIST OF CRIMES. The following list of crimes is to be construed according to the law existing in England, or in a British possession (as the case may be), at the date of the alleged crime, whether by common law or by statute made before or after the passing of this Act: Murder, and attempt and conspiracy to murder. Manslaughter. Counterfeiting and altering money and uttering counterfeit or Forgery, counterfeiting and altering, and uttering what is forged Obtaining money or goods by false pretences. Crimes by bankrupts against bankruptcy law. Fraud by a bailee, banker, agent, factor, trustee, or director, or member, or public officer of any company made criminal by any Act for the time being in force. Sinking or destroying a vessel at sea, or attempting or conspiring to do so. Assaults on board a ship on the high seas with intent to destroy life or to do grievous bodily harm. Revolt or conspiracy to revolt by two or more persons on board a ship on the high seas against the authority of the master. SECOND SCHEDULE (e). Year and Chapter. 6 & 7 Vict. c. 75 .... THIRD SCHEDULE. Title. 6 & 7 Vict. c. 76 8 & 9 Vict. c. 120 .... An Act for giving effect to a convention between Her Majesty and the King of the French for the apprehension of certain offenders. An Act for giving effect to a treaty between Her Majesty and the United States of America for the apprehension of certain offenders. An Act for facilitating execution of the treaties with France and the United States of America for the apprehension of certain offenders. 25 & 26 Vict. c. 70.... An Act for giving effect to a convention between Her Majesty and the King of Denmark for the mutual surrender of criminals. 29 & 30 Vict. c. 121 An Act for the amendment of the law relating to treaties of extradition. (e) Containing Forms of Order and Warrants. 36 & 37 VICT. CHAP. 60. An Act to amend the Extradition Act, 1870. [5th August, 1873.] 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: short title. 1. This Act shall be construed as one with the Extradition Act, 1870, Construction (in this Act referred to as the principal Act,) and the principal Act and of Act and this Act may be cited together as the Extradition Acts, 1870 and 1873, and this Act may be cited alone as the Extradition Act, 1873. 2. Whereas by section six of the principal Act it is enacted as follows: 33 & 34 Vict. c. 52. Explanation of sect. 6 of 33 & 34 Vict. "Where this Act applies in the case of any foreign State, every fugitive criminal of that State who is in or suspected of being in any c. 52. part of Her Majesty's dominions, or that part which is specified in the order applying this Act (as the case may be), shall be liable to be apprehended and surrendered in manner provided by this Act, whether the crime in respect of which the surrender is sought was committed before or after the date of the order, and whether there is or is not any concurrent jurisdiction in any Court of Her Majesty's dominions over that crime." And whereas doubts have arisen as to the application of the said section to crimes committed before the passing of the principal Act, and it is expedient to remove such doubts, it is therefore hereby declared that A crime committed before the date of the order includes in the said section a crime committed before the passing of the principal Act, and the principal Act and this Act shall be construed accordingly. 3. Whereas a person who is accessory before or after the fact, or Liability of counsels, procures, commands, aids, or abets the commission of any accessories to indictable offence, is by English law liable to be tried and punished as if he were the principal offender, but doubts have arisen whether such person as well as the principal offender can be surrendered under the principal Act, and it is expedient to remove such doubts; it is therefore hereby declared that Every person who is accused or convicted of having counselled, procured, commanded, aided, or abetted the commission of any extradition crime, or of being accessory before or after the fact to any extradition crime, shall be deemed for the purposes of the principal Act and this Act to be accused or convicted of having committed such crime, and shall be liable to be apprehended and surrendered accordingly. be sur rendered. 4. Be it declared, that the provisions of the principal Act relating to Explanation depositions and statements on oath taken in a foreign State, and copies of sect. 14 of of such original depositions and statements, do and shall extend to 33 & 34 Vict. affirmations taken in a foreign State, and copies of such affirmations. 5. A Secretary of State may, by order under his hand and seal, require a police magistrate or a justice of the peace to take evidence ing affirma c. 52, as to statements on oath includ for the purposes of any criminal matter pending in any court or tribunal tions. peace, Power of evidence in in any foreign State; and the police magistrate or justice of the upon the receipt of such order, shall take the evidence of every witness taking appearing before him for the purpose in like manner as if such witness United Kingappeared on a charge against some defendant for an indictable offence, dom for and shall certify at the foot of the depositions so taken that such evi- foreign dence was taken before him, and shall transmit the same to the Secre- criminal mat ters. Explanation of sect. 16 of 33 & 34 Vict. c. 52. Explanation tary of State; such evidence may be taken in the presence or absence of the person charged, if any, and the fact of such presence or absence shall be stated in such deposition. Any person may, after payment or tender to him of a reasonable sum for his costs and expenses in this behalf, be compelled, for the purposes of this section, to attend and give evidence and answer questions and produce documents, in like manner and subject to the like conditions as he may in the case of a charge preferred for an indictable offence. Every person who wilfully gives false evidence before a police magistrate or justice of the peace under this section shall be guilty of perjury. Provided that nothing in this section shall apply in the case of any criminal matter of a political character. 6. The jurisdiction conferred by section sixteen of the principal Act on a stipendiary magistrate, and a sheriff or sheriff substitute, shall be deemed to be in addition to, and not in derogation or exclusion of, the jurisdiction of the police magistrate. 7. For the purposes of the principal Act and this Act a diplomatic of diplomatic representative of a foreign State shall be deemed to include any person representative recognised by the Secretary of State as a consul-general of that State, and a consul or vice-consul shall be deemed to include any person recognised by the governor of a British possession as a consular officer of a foreign State. and consul. Addition to list of crimes in schedule. 8. The principal Act shall be construed as if there were included in the first schedule to that Act the list of crimes contained in the schedule to this Act. 24 & 25 Vict. c. 96, &c. SCHEDULE.-LIST OF CRIMES. The following list of crimes is to be construed according to the law existing in England or in a British possession (as the case may be) at the date of the alleged crime, whether by common law or by statute made before or after the passing of this Act: Kidnapping and false imprisonment. Perjury, and subordination of perjury, whether under common or statute law. Any indictable offence under the Larceny Act, 1861, or any Act amending or substituted for the same, which is not included in the first schedule to the principal Act. Any indictable offence under the Act of the session of the twentyfourth and twenty-fifth years of the reign of Her present Majesty, chapter ninety-seven, "To consolidate and amend the statute law of England and Ireland relating to malicious injuries to property," or any Act amending or substituted for the same, which is not included in the first schedule to the principal Act. Any indictable offence under the Act of the session of the twentyfourth and twenty-fifth years of the reign of her present Majesty, chapter ninety-eight, "To consolidate and amend the statute law of England and Ireland, relating to indictable offences by forgery," or any Act amending or substituted for the same, which is not included in the first schedule to the principal Act. Any indictable offence under the Act of the session of the twentyfourth and twenty-fifth years of the reign of her present Majesty, chapter ninety-nine, "To consolidate and amend the statute law of the United Kingdom against offences relating to the coin," or any Act |