Acte du Parlante nt

1843 ged with the crime of Murder, or assault with Intent to commit Murder or Piracy, or Arson or Robbery, or Forgery , or the Utterance of forged Papers , commitled wilhin the Jurisdiction of either of the High Contracting Parties, should seek an Àsylum or should be fomid within the territories of the other; provided thaï this should only be doue upon such Evidence of criminality as according to the laws of the Place where the fugitive or person so charged should be found would justify bis Appréhension and Gommitment for trial if the Crime or OlFence had been there committed, and that the respective Judges and other Magistrates of the two Governments should have Power, Jurisdictiou and Authority, upon complaint made under Oath, to issue a Warrant for the Appréhension of the fugitive or person so charged, so that he might be brought before such Judge or other Magistrates respectively , to the end that the Evidence of Criminality might be heard and considered, and if on such Hearing the Evidence should be deemed sufficient to sustain the charge, it should be the Duty of the examining Judge or Magistrate to certify the same to the proper executive Authority , that a Warrant might issue for the Surrender of such Fugitive , and that the Expence of such Appréhension and Delivery should be borne and defrayed by the Party making the Réquisition and receiving the Fugitive- and it is by the Eleventh Article of the said Treaty further agreed, that the Tenth Article, herein-before recited, should continue in force until one or other of the High Contracting Parties should signify its Wish to terminate it, and no longer: And whereas it is expédient that Provision should be made for carrying the said Agreement into effect; 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 présent Parliament assembled , and by the Authority of the same, That in case Réquisition shall at any Time be made by the Authority of the said United States, in pursuance of and according to the said Treaty, for the Delivery of any Person charged witb the Crime of Murder, or Assault with latent to commit Murder, or with the Crime of Piracy, or Arson, or Robbery, or Forgery, or the Utterance of forged Paper, committed wilhin the Jurisdictiou of the United

et Angleterre.

States of America, who sfcall be found withîn tlie 1843 Territories of Her Majesty, it shall be lawful for One of Her Majesty's Principal Secrétaires of State, or in Jreland for the Chief Secretary of the Lord Lieutenant of lreland, and in any of Her Majesty's Colonies or Possessions abroad for the Officer administering the Government of any such Coïony or Possession, by Warrant under his Hand and Seal to signify that such Réquisition bas been so niade, and to require ail Justices of the Peace and other Magistrales and Officers of Justice within their several Jurisdictions to govern themselves accordingly, and to aid in apprehending the Person so accused, and committing such Person to Gaol for the Pnrpose of being delivered up to Justice, according to the Provisions of the said Treaty; and thereupon it shall be îawful for any Justice of the Peace, or other Person having Power to commit for Trial Persons accused of Crimes against the Laws of that Part of Her Majesty's Dominions in which such supposed Offender shall be fonnd, to examine upon Oath any Person or Persons touching the Truth of such Charge, and upon such Evidence as according to the Laws of that Part of Her Majesty's Dominions would justify the Appréhension and Committal for Trial of the Person so accused if the Crime of which he or she shall be so accused had been there committed it shall be lawful 'for such Justice of the Peace, or other Person having Power to commit as aforesaid, to issue his Warrant for the Appréhension of such Person, and also to commit the Person so accused to Gaol, there to remain until delivered pursuant to such Réquisition as aforesaid.

II. Provided always, and be it enacted, That in every such Case Copies of the Dépositions upon which the original Warrant was granted , certified under the Hand of the Person or Persons issuing such Warrant, and attested upon the Oath of the Party producing them to be true Copies of the original Dépositions, may be received in Evidence of the Criminality of the Person so apprehended.

III. And be it enacted, That upon the Certificate of such Justice of the Peace, or other Person having Power to commit as aforesaid , that such supposed Offender lias been so committed to Gaol, it shall be lawful for One of Her Majesty's Principal Secrelaries of

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1843 State, or in Irelaad for the Chief Secretary of the Lord Lieutenant of ïreland, and in any of Her Majesty's Colonies or Possessions abroad for the Officer adrninistering the Government of any such Colony or Possession , by Warrant under bis Hand and Seal to order the Person so committed to be delivered to such Person or Persons as shall be authorized in the Name of the. said United States to receive the Person so committed, and to convey such Person to the Terrilories of the said Uniled States, to be tried for the Crime of which such Person shall be so accused, and such Person shall be delivered up accordingly, and it shall be lawful for the Person or Persons authorized as aforesaid to hold such Person in Custody, and take him or fier to the Territories of the said United States , pursuant to the said Treaty; and if the Person so accused shall escape ont of any Custody to which he or she shall be cornmilted , or to which he or she shall be delivered as aforesaid, it shall be lawful to retake such Person, in the saine Manner as any Person accused of any Crime against the Laws of that Part of Her Majesty's Dominions to which he or she shall so escape may be retaken upon an Escape.

IV. And be il enacted , That where any Person who shall have been committed under this Act, to reînain until delivered up pursuant to Réquisition as aforesaid, shall not be delivered up pursuant thereto, and conveyed ont of Her Majesty's Dominions within Two Calendar Months after such Committal, over and above the Time actually required to convey the Prisoner from \tbe Gaol to which he or she was commiîted by the readiest Way out of Her Majesty's Dominions , it shall in every such Case be lawful for any of Her Majesty's Judges in that Part of Her Majesty's Dominions in which such supposed Olïender shall be in Custody, upon Application made to him or them by or on belialf of the Person so committed, and upon Proof made to him or them that reasonable Notice of the Intention to make such Application bas beeu given to some or One of Her Majesty's Principal Secrétaires of State, or in lreland to the Chief Secretary of the Lord Lieutenant of lreland, and in any of Her Majesty's Colonies or Possessions abroad for the Oliicer administering the Government of any such Colony or Possession, to

cV Angleterre.

order the Person so committed to be dischai-ged ont of 1843 Cuslody, unless sufficient Cause shall be show» to such Judge or Judges why sucb Discharge ought nol to be ordered.

V. And be it enacted, That if by any Law or Ordinance to be hereafter made by the local Législature of any British Colony or Possession abroad Provision shall be made for carrying into complète Effect within snch Colony or Possession the Objects of this présent Act, by the Substitution of some other Enactment in lieu thereof, then it shall be compétent to Her Majesty, with the Advice of Her Privy Council, (if to Her Majesty in Council it shall seem meet, but not otherwise,) to suspend the Opération within any such Colony or Possession of this présent Act, so long as such substiluted Enactment shall continue in force there, and no longer.

VI. And be it enacted , That this Act shall continue in force during the Continuance of the Tenth Article of the said Treaty.

Notification du plénipotentiaire anglais en Chine, au 17 août 1843, relative au pilotage dans la rivière de Canton.

L'extrait ci-joint d'une communication adressée par le plénipotentiaire et premier surintendant du commerce britannique à leurs excellences le commissaire impérial, le gouverneur-général, le gouverneur et le surintendant des douanes maritimes (Hoppo) , relative au pilotage, est publié pour l'instruction générale, et tous les capitaines ou commandans de navires sont priés de prêter leur concours pour la mise à exécution de l'arrangement proposé en délivrant aux personnes qu'ils emploieraient comme pilotes et qui auraient leur approbation des certificats a cet effet.

Des arrangemeus sont sur le point d'être conclus pour que tous les navires deslinés à l'intérieur, fassent leur déclaration à la Bocca - Tigris en montant vers

512 Acte du Parlament

1843 Whampoa; ils détermineront aussi la manière dont cette déclaration devra être faite, ainsi que les règles à suivre à ce sujet, et ils seront portés le plus tôt possible à la connaissance du public.

Par ordre, signé: Richard Woosnam.

extrait.

Je partage entièrement l'opinion de vos excellences, que les capitaines de navires doivent avoir désormais la permission de louer leurs propres pilotes sans s'adresser au bureau du préfet adjoint de Macao ou à tout autre département; et à l'effet d'empêcher les personnes incapables de se charger de la responsabilité attachée aux devoirs de pilote, je propose que tout individu qui voudra s'offrir pour pilote produise des certificats de trois capitaines de navires au moins, constatant qu'il est apte à remplir ce devoir.

Le consul auquel ces certificats seront présentés, délivrera au porteur une autorisation en langues anglaise et chinoise, d'exercer la profession de pilote pour les navires britanniques (et étrangers). Cet arrangement préviendra autant que possible les accidens, et si malheureusement il en arrive, il autorisera ceux qui perdraient leurs navires ou propriétés à réclamer contre les assureurs.

Acte du Parlament d? Angleterre du 22 Août 1843, pour mettre en effet le traite entre la Grande-Bretagne et la France du 13 Février 1843 Sur l'extradition réciproque des malfaiteurs.

(Collection of the Public General Statutes passed at tlie sixth and seventh year of the Reign of Her Majesly Queen Victoria, London , 1843 p. 677.)

Whereas by a Convention between Her Majesty and the King of the French, signed at London on the Thirteenth Day of February in the Year One thous-

d Angleterre,

sand eight hundred and forty-three , the Ratifications whereof were exchanged at JLondon on the Thirteenth Day of Mardi in the same Year, it was agreed, "that the High Conlracting Parties should , on Réquisition niade in their Name through the Médium of their respective diplomatie Agents, deliver up to Justice Persons vvho, being accused of the Crimes of Murder (comprehending the Crimes designated in the French Pénal Code by the Ternis Assassination , Parricide, Infanticide, and Poisoning), or of an Attempt to commit Murder, or of Forgery, or of fraudulent Bankruptcy, committed within the Jurisdiction of the requiring Party should seek an Asylum or should be found within the Territories of the other; provided that this should be doue only when the Commission of the Crime should be so established as that the Laws of the Country where the Fugitive or Person so accused should be found would justify his Appréhension and Commitment for Trial if the Crime had been there committed;" and it is by the said Con vention further stipulated , "that on the Part of the British Government the Surrender should be made only on the Report of a Judge or Magistrate duly authorized to take cognizance of the Acts charged against the Fugitive in the Warrant of Arrest or other équivalent judicial Document issued by a Judge or compétent Magistrate in France, and likewise clearly setting for the said Acts;" and it is by the said Convention further stipulated and agreed, "that the Expences of any Détention and Surrender made in virtue of the Stipulations herein-before recited should be borne and defrayed by the Government in whose Name the Réquisition should have been made;" and it is by the said Convention further stipulated and agreed, "that the Provisions of the said Convention should not apply in any Manner to Crimes of Murder, Forgery, or fraudulent Bankruptcy committed antecedently to the Date, thereof," and it is by the said Convention further stipulated and agreed , "lhat the said Convention should be in force until afler the First Day of Janaary in the Year One thousand eight hundred and fortyfour, after vvhich Date either of the High Contracling Parties should be at liberty to give Notice to llie other of its Intention to put an end to it , and it should altogether cease and détermine at 1 h e Expiralitcueiî gèn. Tome V ,

514 Acte du Parlamerit

1843 tton of Six Months from the Date of such Notice," And whereas it is expédient that Provision should be made for carrying the said Convention into effect: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Gommons, in this présent Parliament assembled , and by the Authority of the saine, That in case Réquisition be duly made, pursuant to the said Convention, in the Name of His Majesty the King of the French, by His Ambassador or other accredited diplomatie Agent, to deliver up to Justice any Person who , being accused of having committed, after the Ratification of the said Convention, the Crime of Murder (comprehending the Crimes designated in the French Pénal Code by the Terms Assassination, Parricide, Infanticide, and Poisoning), or of an Attempt to commit Murder, or of Forgery, or of fraudulent Bankruptey, within the Territories and Jurisdiction of His said Majesty the King of the French, shall be found within the Dominions of Her Majesty, it shall be lawful for her Majesty's Principal Secretaries of State, or in lreland for the Chief Secretary of the Lord Lieutenant of Jreland, and in any of Her Majesty's Colonies or Possessions abroad for the Officer admiiiistering the Government of any such Colony or Possession, by Warrant under his Hand and Seal, to signify that such Réquisition lias been so made, and to require ail Justices of the Peace and other Magisirates and Officers of Justice within their several Jurisdiclions to govern themselves accordingly, and to aid in apprehending the Person so accused and committing such Person to Gaol, for the Purpose of being delivered up to Justice, according to the Provisions of the said Convention, and the» reupon it shall be lawful for any Justice of the Peace, or other Person having Power to commit for Trial Persons accused of Crimes against the Laws of that Part of Her Majesty's Dominions in which such supposed OfTender shall be found, to examine upon Oath any Person or Persons touching the Truth of such Charge, and , upon such Evidence as according to the Laws of that Part of Her Majesty's Dominions would justify the Appréhension and Committal for Trial of the Person so accused if the Crime of which he or she shall be so accused had been there committed, it shall be lawful

d'Angleterre. 515

for such Justice of the Peace, or other Person having 1 Power to commit as aforesaid , to issue his Warrant for the Appréhension of such Person, and also to commit the Person so accused to Gaol, there to remain unlil delivered pursuant to such Réquisition as aforesaid.

IL Provided always, and be it enacled, That m every such Case Copies of the Dépositions upon which the original Warrant was granted , certified under the Hand of the Person or Persons issuing such Warrant, and attested upon the Oath of the Party producing them to be true Copies of the original Dépositions, may be received in Evidence of the Criminality of the Person apprehended.

IÎI. And be it enacted, That it shall be lawful for One of Her Majesty's Principal Secretaries of State, or in Ireland for the Chief Secretary of the Lord Lieutenant of Ireland, and in any of Her Majesty's Colonies or Possessions abroad for the Officer administering the Goveriameut of any such Colony or Possession, by Wrarrant under his Hand and Seal to order the Person so committed to be delivered up to such Person or Persons as shall be duly aulhorized in the Name of the said King of the French to receive the Person so committed, and convey such Person to the Dominions of the said King of the l*rench, to be tried for the Crime of which such Person shall be so accused, and such Person shall be delivered up accordingly; and it shall be lawful for the Person or Persons authorized as aforesaid to receive the Person so charged with Crime and committed as aforesaid to hold such Person in Custody, and take him or her to the Dominions of the King of the trench, pursuant to the said Convention; 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 delivered as aforesaid, it shall be lawful to retake such Person, in the saine Manner as any Person accused of any Crime against the Laws of that Part of Her Majesty's Dominions to which he or she shall so escape may be retaken upon an Escape: Provided always, that no Justice of the Peace or other Person shall issue his Warrant for the Appréhension of any such supposed Offender until it shall have been proved to him, upon Oalh or by Affidavit, that the Parly applving for such Warrant is the Bearer of a

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