"4. FRAUD by a bailee, banker, agent, factor, trustee, or director or member or officer of any company, made criminal by the laws of both countries. "5. PERJURY, or SUBORNATION OF PERJURY. "6. RAPE; ABDUCTION; CHILD-STEALING; KIDNAPPING. "7. BURGLARY; HOUSEBREAKING or SHOPBREAKING. "8. PIRACY by the law of nations. "9. REVOLT, or CONSPIRACY TO REVOLT, by two or more persons on board a ship on the high seas, against the authority of the master; WRONGFULLY SINKING OR DESTROYING A VESSEL AT SEA, OF ATTEMPTING to do so; ASSAULTS ON BOARD A SHIP on the high seas, WITH INTENT to do grievous bodily harm. "10. CRIMES AND OFFENCES AGAINST THE LAWS of both countries for the suppression of SLAVERY and SLAVE TRADING. "Extradition is also to take place for PARTICIPATION in any of the crimes mentioned in this Convention or in the aforesaid Xth Article, provided such participation be punishable by the laws of both countries.. "ARTICLE II. "A fugitive criminal shall not be surrendered, if the offence in respect of which his surrender is demanded be one of a political character, or if he proves that the requisition for his surrender has in fact been made with a view to try or punish him for an offence of a political character. "No person surrendered by either of the High Contracting Parties to the other shall be triable or tried, or be punished for any political crime or offence, or for any act connected therewith, committed previously to his extradition. "If any question shall arise as to whether a case comes within the provisions of this Article, the decision of the authorities of the Government in whose jurisdiction the fugitive shall be at the time shall be final. "ARTICLE III. "No person surrendered by or to either of the High Contracting Parties shall be triable or be tried for any crime or offence committed prior to his extradition, other than the offence for which he was surrendered, until be shall have had an opportunity of returning to the country from which he was surrendered. "ARTICLE IV. "All articles seized which were in the possession of the person to be surrendered at the time of his apprehension, whether being the proceeds of the crime or offence charged, or being material as evidence in making proof of the crime or offence, shall, so far as praeticable, and if the competent authority of the State applied to for the extradition has ordered the delivery thereof, be given up when the extradition takes place. Nevertheless, the rights of third parties with regard to the articles aforesaid shall be duly respected. CC 'ARTICLE V. "If the individual claimed by one of the two High Contracting Parties, in pursuance of the present Convention, should also be claimed by one or several other Powers on account of crimes or offences committed within their respective jurisdictions, this extradition shall be granted to that State whose demand is first received. "The provisions of this Article, and also of Articles II to IV inclusive, of the present Convention, shall apply to surrender for offences specified in the aforesaid Xth Article, as well as to surrender for offences specified in this Convention. "ARTICLE VI. "The extradition of fugitives under the provisions of this Convention and of the said Xth Article shall be carried out in Her Majesty's dominions and in the United States, respectively, in conformity with the laws regulating extradition for the time being in force in the surrendering State. "ARTICLE VII. "The provisions of the said Xth Article and of the Convention shall apply to persons convicted of the crimes therein respectively named and specified, whose sentence therefor shall not have been executed. "In case of a fugitive criminal alleged to have been convicted of the crime for which his surrender is asked, a copy of the record of the conviction and of the sentence of the Court before which such conviction took place duly authenticated shall be produced, together with the evidence proving that the prisoner is the person to whom such sentence refers. "ARTICLE VIII. "The present Convention shall not apply to any of the crimes herein specified which shall have been committed, or to any conviction which shall have been pronounced, prior to the date at which the Convention shall come into force." Where a prisoner was, with a view to his extradition to Canada, arrested in New York, and charged there before a United States Commissioner with having forged in Montreal, the endorsements of certain bank drafts, it was, after his commitment for extradition, contended, upon habeas corpus before the United States Circuit Court that, as the proceedings before the Commissioner were not instituted by the public authorities of Canada or by any person authorised to represent the executive of the Canadian government, but merely by a private individual alleged to have been affected by the forgery charged against the prisoner, the commitment was illegal : and Brown, J.,-who rendered judgment quashing the proceedings and discharging the prisoner,-held, on the authority of a previous decision in re Kelly, (1) that it was the foreign government only (1) In re Kelly, 26 Fed. Rep. 852-856. that was entitled to obtain the extradition of the accused, that the initiatory steps for extradition must be by authority of the foreign government and in its behalf, that the complaint in this case, having been made by a private individual, it was necessary that he should have shewn, before the closing of the proceedings before the Commissioner and before the commitment, that he was a person authorised to represent and act in the matter on behalf of the executive of the foreign power, or that his proceedings had been adopted by such executive, and that, not having shewn any such authority or any such adoption by the Canadian authorities, the proceedings were illegal and must be set aside. (1) (1) In re Ferrelle, S. C., 28 Fed. Rep. 878; 9 Cr. Law Mag. 85. THE FUGITIVE OFFENDERS' ACT. [R.S.C., CHAP. 143.] An Act respecting fugitive offenders in Canada from other parts of Her Majesty's Dominions. H ER MAJESTY, by and with the advice and consent of the (( 1. Short Title.-This Act may be cited as The Fugitive Offenders, Act." 45 V., c. 21, s. 1. 2. Interpretation.—In this Act, unless the context otherwise requires, (a.) The expression "Magistrate" means any Justice of the Peace or any person having authority to issue a warrant for the apprehension of persons accused of offences, and to commit such persons for trial; (b.) The expression "Deposition" includes every affidavit, affirmation, or statement made upon oath ; (c.) The expression "Court" means-in the province of Ontario, the High Court of Justice for Ontario; in the province of Quebec, the Superior Court; in the province of Nova Scotia, the Supreme Court in the province of New Brunswick, the Supreme Court; in the province of Prince Edward Island, the Supreme Court of Judicature; in the province of British Columbia, the Supreme Court; in the province of Manitoba, Her Majesty's Court of Queen's Bench for Manitoba; in the North-West Territories, a Judge of the Supreme Court for the North-West Territories; in the District of Keewatin, a stipendiary Magistrate; and also in the said Territories and District such Court or Magistrate or other judicial authority as is designated, from time to time, by proclamation of the Governor in Council published in the Canada Gazette. 45 V., c. 21, s. 16, part ;−49 V., c. 25, s. 30. 3. Application of Act.-This Act shall apply to the following offences, that is to say to treason and to piracy, and to every offence, whether called felony, misdemeanor, crime or by any other name, which is for the time being punishable in the part of Her Majesty's dominions in which it was committed, either on indictment or information, by imprisonment with hard labor for a term of twelve months or more, or by any greater punishment. and, for the purposes of this section. rigorous imprisonment, and any confinement in a prison combined with labor, by whatever name it is called, shall be deemed to be imprisonment with hard labor. 2. This Act shall apply to an offence, notwithstanding that, by the law of Canada, it is not an offence or not an offence to which this Act applies; and all the provisions of this Act, including those relating to a provisional warrant and to a committal to prison, shall be construed as if the offence were in Canada an offence to which this Act applies : 3. This Act shall apply, so far as is consistent with the tenor thereof, to every person convicted by a Court in any part of Her Majesty's dominions, of an offence committed either in Her Majesty's dominions or elsewhere, who is unlawfully at large before the expiration of his sentence, in like manner as it applies to a person accused of the like offence committed in the part of Her Majesty's dominions in which such person was convicted: 4. This Act shall apply in respect to offences committed before the commencement of this Act, in like manner as if such offences were committed after such commencement. 45 V., c. 21, ss. 8, 14 and 15. RETURN OF FUGITIVES. 4. Apprehension and return of fugitive offenders.-Whenever a person accused of having committed an offence to which this Act applies in any part of Her Majesty's dominions, except Canada, has left that part, such person, in this Act referred to as a fugitive from that part, if found in Canada, shall be liable to be apprehended and returned, in the manner provided by this Act, to the part from which he is a fugitive: 2. A fugitive may be so apprehended under an indorsed warrant or a provisional warrant. 45 V., c. 21, s. 2. 5. Proceedings in Canada on warrant issued elsewhere.—Whenever a warrant has been issued in a part of Her Majesty's dominions for the apprehension of a fugitive from that part who is, or is suspected to be in or on the way to Canada, the Governor General or a Judge of a Court, if satisfied that the warrant was issued by some person having lawful authority to issue the same, may indorse such warrant in manner provided by this Act, and the warrant so indorsed shall be a sufficient authority to apprehend the fugitive in Canada and bring him before a Magistrate. 45 V., c. 21, s. 3. 6. Provisional warrant.—, t.-A Magistrate in Canada may issue a provisional warrant for the apprehension of a fugitive who is or is |