L
128
lands and
Isle of Man.
THE EXTRADITION ACTS.
Act of 1870. 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 authorised and required to register this Act.
Saving for Indian treaties.
Power of to obtain evidence in dom.
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 foreign State 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 19 & 20 Vict. c. 113, 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 terms "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.
Foreign State includes dependencies.
25. For the purposes of this Act, every colony, dependency, and constituent part of a foreign State, and every vessel of that State, shall (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.
Definition of terms British possession.
Legislature.
Governor.
Extradition crime.
Conviction.
21
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, and Isle of Man; and all colonies, plantations, islands, territories, and settlements under one Legislature, as hereinafter defined, are deemed to be one British possession: the term "Legislature" means any person or persons who can exercise legislative authority in a British possession, and where there are local Legislatures as well as a central Legislature, means the central Legislature only:
the term "Governor" means any person or persons administering 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 in England or within English jurisdiction, would be one of the crimes described in the 1st schedule to this Act:
the terms "conviction" and "convicted" do not include or refer to a conviction which under foreign law is a conviction for contumacy, but
* See also 36 & 37 Vict. c. 60 s. 5.
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L
128
lands and
Isle of Man.
THE EXTRADITION ACTS.
Act of 1870. 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 authorised and required to register this Act.
Saving for Indian
treaties.
Power of
to obtain
evidence in
dom.
*
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 foreign State 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 United King- the Act 19 & 20 Vict. c. 113, intituled "an Act to provide for taking evidence in Her Majesty's Dominions in relation to civil and commercia] matters pending before foreign tribunals; " and all the provisions of that Act shall be construed as if the terms "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.
Foreign State in- cludes de-
25. For the purposes of this Act, every colony, dependency, and con. stituent part of a foreign State, and every vessel of that State, shall pendencies. (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.
Definition of terms British possession.
Legislature.
Governor.
Extradition crime.
Conviction.
21
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, and Isle of Man; and all colonies, plantations, islands, territories, and settlements under one Le- gislature, as hereinafter defined, are deemed to be one British possession: the term “Legislature" means any person or persons who can ex- ercise legislative authority in a British possession, and where there are local Legislatures as well as a central Legislature, means the central Legislature only:
the term Governor means any person or persons administering 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 in England or within English jurisdiction, would be one of the crimes. described in the 1st schedule to this Act:
the terms "conviction" and convicted" do not include or refer to a conviction which under foreign law is a conviction for contumacy, but
* See also 36 & 37 Vict. c. 60 s. 5.
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