A

BILL

INTITULED

An Act for giving effect to a Convention between Her Majesty and the King of Prussia for the mutual Surrender of Criminals.

W

HEREAS a Convention between Her Majesty and the King of Prussia for the mutual Surrender of Criminals, in the Words and Figures set forth in the Schedule hereto, was signed at London on the Fifth Day of March One thousand 5 eight hundred and sixty-four, and the Ratifications thereof were exchanged at London on the Eleventh Day of April One thousand eight hundred and sixty-four: And whereas it is expedient that Provision should be made for carrying the said Convention into effect Be it therefore enacted by the Queen's most Excellent 10 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:

trate."

1. The Term "Magistrate " in this Act shall mean a Justice of Definition the Peace or any other Person or Court in the United Kingdom, of "Magis15 the Channel Islands, or any other Part of Her Majesty's Dominions, having Power to commit for Trial Persons accused of Crimes against the Law of that Part of Her Majesty's Dominions in which any Offender liable to be delivered up under this Act is found.

Certain

be appre

hended on

of an Am

bassador of

Prussia.

2. Where Requisition has been made pursuant to the said ConOffenders to vention, in the Name of His Majesty the King of Prussia, by His Ambassador or other accredited Diplomatic Agent, to deliver up to Requisition Justice any Person who, being accused or convicted of any Crime for which such Person is liable to be delivered up in pursuance of 5 the King of the said Convention, is found within the Dominions of Her Majesty, it shall be lawful for One of Her Majesty's Principal Secretaries of State by Warrant under his Hand and Seal to signify that such Requisition has been made, and to require all Magistrates within their several Jurisdictions to govern themselves accordingly, and to 10 aid in apprehending the Person so accused or convicted, herein-after referred to as the Fugitive, and in committing him to Gaol for the Purpose of his being delivered up to Justice according to the Provisions of the said Convention :

Upon the Issue of any such Warrant as aforesaid, it shall be 15 lawful for any Magistrate acting within the Limits of his Jurisdiction to issue his Warrant for the Apprehension of the said Fugitive, and to commit him to Gaol, there to remain until delivered up pursuant to such Requisition as aforesaid; provided that the following Conditions are complied with before the Warrant is issued 20 by the Magistrate:

Firstly, that in the Case of a Fugitive accused of Crime it is
proved to the Satisfaction of the Magistrate, upon Oath or by
Affidavit, that the Party applying to him for a Warrant is the
Bearer of a Warrant of Arrest or other equivalent Judicial 25
Document for the Arrest of the said Fugitive issued by a
Judge or Magistrate duly authorized to take cognizance of the
Acts charged against the Fugitive in Prussia, and clearly
setting forth, in the Opinion of the Magistrate to whom the
Application for a Warrant under this Act is made, the Acts in 30
respect of which the original Warrant was issued:
Secondly, that in the Case of a Person accused such Evidence is
produced to the Magistrate as, according to the Laws of the
Part of Her Majesty's Dominions in which the Magistrate is
acting, would in his Opinion justify the Apprehension and 35
Committal for Trial of the Fugitive if the Crime of which he is
accused had been there committed, with this Qualification, that
Depositions or Statements on Oath, certified under the Hand of
the Magistrate by whom the original Warrant was issued, and
attested by the Oath of the Party producing them to be the 40
original Depositions or Statements, or true Copies thereof, may
be received in Evidence of the Criminality of the Fugitive
apprehended:

Thirdly, that in the Case of a Fugitive convicted of Crime an
authenticated Copy of the Conviction is produced, and Proof of 45

the

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the Identity of the Person convicted is given to the Satisfaction
of the Magistrate :

Where any Person liable to be delivered up in pursuance of the said
Convention is found in Ireland, a Warrant under the Hand of the
5 Chief Secretary or of the Lord Lieutenant of Ireland shall for the
Purposes of this Act be equivalent to a Warrant of One of Her
Majesty's Principal Secretaries of State :

A Magistrate may administer an Oath for any of the Purposes of this Act:

The Warrant of any Police Magistrate of the Metropolis issued in pursuance of this Act may be executed in any Part of England, in the same Manner as if the same had been originally issued or subsequently endorsed by a Justice of the Peace having Jurisdiction in the Place where the same is executed.

3. It shall be lawful for One of Her Majesty's Principal Secre- Offenders taries of State, or in the Case of any Person committed in Ireland to be delivered up. for the Chief Secretary or the Lord Lieutenant of Ireland, and in the Case of any Person committed in any of Her Majesty's Colonies or Possessions abroad for the Officer administering the Government 20 of any such Colony or Possession, by Warrant under his Hand and Seal to order any Fugitive committed in pursuance of this Act to be delivered up to such Person or Persons as may be duly authorized in the Name of the said King of Prussia to receive the Person so committed, and convey him to the Dominions of the King of Prussia, 25 and such Fugitive shall be delivered up accordingly; and it shall be lawful for the Person or Persons authorized as aforesaid to receive, hold in Custody, and take to the Dominions of the King of Prussia the Fugitive so delivered to him; and if the said Fugitive escape out of any Custody to which he may be delivered as aforesaid it shall 30 be lawful to retake him, in the same Manner as any Person accused of any Crime against the Laws of that Part of Her Majesty's Dominions to which he escapes may be retaken upon an Escape.

Months the

4. Where any Fugitive who has been committed under this Act, After Two to remain until delivered up pursuant to Requisition as aforesaid, is Persons 35 not delivered up pursuant thereto, and conveyed out of Her Majesty's apprehended Dominions, within Two Calendar Months after such Committal, it may be discharged, if shall be lawful for any of Her Majesty's Judges in that Part of Her not conveyed Majesty's Dominions in which such Fugitive is in Custody, upon Majesty's Application made to him by or on behalf of the Person so com- Dominions. 40 mitted, 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 or the Lord Lieutenant of Ireland,

out of Her

Limits of
Act.

Continuance of Act.

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.

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5. 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 10 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.

6. This Act shall continue in force during the Continuance of 15 the said Convention.

SCHE

5

SCHEDULE.

CONVENTION between HER MAJESTY and the KING OF PRUSSIA, for the Mutual SURRENDER of CRIMINALS. Signed at London, March 5, 1864. Ratifications exchanged at London, April 11, 1864.

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the King of Prussia, 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 10 charged with or convicted of the Crimes herein-after enumerated, and being Fugitives from Justice, should, under certain Circumstances, be reciprocally delivered up; their said Majesties have 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 15 Ireland, the Right Honourable John Earl Russell, Viscount Amberley of Amberley and Ardsalla, a Peer of the United Kingdom, Knight of the Most Noble Order of the Garter, a Member of Her Majesty's Most Honourable Privy Council, Her Principal Secretary of State for Foreign Affairs;

And His Majesty the King of Prussia, His Excellency the Minister of State, 20 Albert Count of Bernstorff-Stintenburg, Grand Cross of the Order of the Red Eagle with Oak Leaves, and Grand Commander of the Royal Order of the House of Hohenzollern in Diamonds, &c., &c., His Ambassador Extraordinary and Plenipotentiary to Her Britannic Majesty ;

Who after having communicated to each other their respective full Powers, 25 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, 30 deliver up to Justice Persons who, being accused or convicted of any of the following Crimes, namely,

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1. Murder, comprehending the Crimes of Assassination, Parricide, Infanticide, and Poisoning;

2. Attempt to commit Murder;

3. Forgery, comprehending the counterfeiting of Bank Notes, or public Securities, or Money;

4. Fraudulent Bankruptcy;

5. Burglary (Nächtlicher Einbruch und Eindringen in ein Wohnhaus oder dazu gehöriges Nebengebäude mit der Absicht ein Verbrechen zu begehen);

6. Robbery with Violence to the Person robbed d;

7. Larceny or Embezzlement by Clerks and Servants (Diebstahl oder Unterschlagung durch öffentliche oder Privat-Beamte, Geschäftsgehülfen und Gesinde);

45 committed within the Jurisdiction of the requiring Party, shall be found within the Territories of the other, provided that such Persons are not