MINUTE. Procedure which at present obtains in Extradition cases under Article X. of the Treaty of 1842 and Act of Congress of 1882 : I. The demand for Extradition is made under Article X. of the Treaty of 1842. II. The reply thereto states that when the necessary forms of law have been complied with, the usual warrant of surrender will be issued. III. No warrant for the preliminary arrest of a fugitive criminal is issued by the Secretary of State. IV. The application for arrest is made directly to the Commissioner, or other judicial officer in whom the function of arrest and examination is specifically vested, by the Consular Officer in whose consular jurisdiction the fugitive criminal may be found, at the instigation of Her Majesty's Representative, and upon affidavit of the Consul of his identity. V. The depositions and warrants duly authenticated are then submitted to the judicial authority or Commissioner, who takes cognizance of the case under the Treaty and Act of Congress. VI. If held for Extradition thereunder, the papers and certificates are submitted to the Secretary of State. VII. If the Commissioner's decision in favour of Extradition is approved by the Secretary of State, the warrant of surrender is issued. VIII. The warrant of surrender is sent to Her Majesty's Representative, who authorises the Consular Officer, or such person as he may designate, to receive the fugitive criminal. OBSERVATIONS. The demand for Extradition need not necessarily be made before the case is sent to the Secretary of State by the Commissioner, for it is only when he is satisfied that the forms of law have been complied with that the warrant of surrender can be issued. It is when the case comes before the Commissioners that the defect in the legal procedure is seen to allow of the escape of criminals. To secure the preliminary arrest, it is only necessary for Her Majesty's Representative to instruct the Consular officer to make the demand pending the arrival of the necessary papers, and that the Consul should have means of identifying the criminal. In places where there is no Consular officer, a difficulty would undoubtedly arise in finding some person who could be authorised to act in the case, and it would be advisable therefore that an officer should be sent out who could be authorised by Her Majesty's Representative to make the demand for the arrest, and to identify the fugitive. It is essential therefore for the preliminary arrest, that the Consular officer or person authorised to make the demand should have the means of identifying the fugitive, in order to be enabled to make the necessary affidavit before the Commissioner. (2.) Sir Julian Pauncefote presents his compliments to Sir A. F. O. Liddell and begs to enclose for his information an extract from a letter from Messrs. Marbury, Counsel to Her Majesty's Consulate-General at New York, concerning the particulars required by the United States Courts when a request for Extradition for the crime of forgery is transmitted by telegraph. Foreign Office, July 24, 1884. (Extract.) It is of prime importance, where a person is apprehended upon a telegraphic despatch, to have as far as possible complete particulars of the character of the offence committed, to secure his detention until the depositions and documentary evidence shall be received. In cases of forgery, the despatch should contain a description of the instrument claimed to be forged, date, amount, if draft or bill, upon whom drawn, name of payee, place of utterance, name forged or character of forgery, and the person defrauded, or as much of these as can be furnished, and more to be supplied as soon as obtained. Where adequate particulars are contained in the despatch, which is the foundation for the complaint, there will be no difficulty in having the accused remanded until the arrival of the papers. (3.) AUTHENTICATION OF PAPERS. Act of Congress "Regulating Fees and Practice in Extradition Cases," of August 1882. SECTION 5.—That in all cases where any depositions, warrants, or other papers, or copies thereof, shall be offered in evidence upon the hearing of any Extradition Case under title sixty-six of the Revised Statutes of the United States, such depositions, warrants, and other papers, or the copies thereof, shall be received and admitted as evidence on such hearing for all the purposes of such hearing, if they shall be properly and legally authenticated, so as to entitle them to be received for similar purposes by the tribunals of the foreign country from which the accused party shall have escaped; and the certificate of the principal diplomatic or consular officer of the United States resident in such foreign country shall be proof that any deposition, warrant, or other paper, or copies thereof, so offered, are authenticated in the manner required by this Act. FORM OF HOME OFFICE CERTIFICATE (1889). In forwarding the annexed papers, to be used in support of an application for the surrender from the United States of , charged with the crime of committed in Great Britain, I hereby certify that, to the best of my knowledge and belief, the signatures ["A.B."] on the Warrant of Arrest, and on the information and depositions on which the Warrant was granted, are the signatures of ["A.B."], one of Her Majesty's Justices of the Peace for the [ ], having authority to issue and receive the same, and I further certify that such documents so signed by a magistrate having jurisdiction in the place where the same were issued and taken, and authenticated by a Minister of State, and sealed with his official seal, would be received in evidence for similar purposes by the tribunals of Great Britain. INDEX. [This Index does not include references to the offences under A. PAGE ADULT, definition of when may claim to be tried by a jury ACCESSORIES who are . to escape of inmate from training school, punishment of. ACCOUNT of sale of distress to be sent to magistrate . ACKNOWLEDGMENT bars statutory limitation in civil proceed- .ings when charge against, may not be dealt with as trifling 86 65 39 43-92 161 33, 42 when may be imprisoned up to six months in what cases may be tried summarily for an indictable offence 32, 99 122, 125, 127 70 63, 64, 70 71, 72, 73 71, 72, 73, 184 97 72 74 75 43 defect in warrant of commitment not to render conviction void procedure when conviction confirmed on 63 BAIL-continued. magistrate liable for refusing out of malice justifying as to sufficiency sufficiency of sureties magistrate to certify amount of, on warrant of committal notice of application to judge to be given to Attorney-General, PAGE 39 23 39 39 40 85 40, 41 58 30 dismissal of summons in, no bar to fresh proceedings evidence of mother evidence of mother, corroboration of, necessary what is putative father, liability of can be summoned by local authority when charge of neglect of a child is being heard BINDING over generally recognisances for BOUNDARIES of districts offences committed near BREAKING doors to effect arrest BURIAL: see ORDER FOR BURIAL. 75 24, 25 25 |