THE EXTRADITION ACTS.
ACT OF 1873-36 & 37 VICT. c. 60.
133
Act of 1873.
[5th August, 1873.]
An Act to amend the Extradition Act. 1. This Act shall be construed as one with the Extradition Act, 1870, (in this Act referred to as the principal Act), and the principal Act and this Act may be cited together as the Extradition Acts, 1870 and 1873, and this Act may be cited alone as the Extradition Act, 1873.
short title.
2. Whereas by section 6 of the principal Act it is enacted as follows* and whereas doubts have arisen as to the application of the said section of sect. 6 of Act of 1870.
accessories to be surrender-
to crimes committed before the passing of the principal Act, and it is expedient to remove such doubts, it is therefore hereby declared that: A crime committed before the date of the Order includes in the said section a crime committed before the passing of the principal Act, and the principal Act and this Act shall be construed accordingly.
3. Whereas a person who is accessory before or after the fact, or counsels, procures, commands, aids, or abets the commission of any indictable offence, is by English law liable to be tried and punished as if he were the principal offender, but doubts have arisen whether such person as well as the principal offender can be surrendered under the principal Act, and it is expedient to remove such doubts; it is therefore hereby declared that:-Every person who is accused or convicted of having counselled, procured, commanded, aided, or abetted the commission of any extradition crime, or of being accessory before or after the fact to any extradition crime, shall be deemed for the purposes of the principal Act and this Act to be accused or convicted of having committed such crime, and shall be liable to be apprehended and surrendered accordingly.
of sect. 14 of
4. Be it declared, that the provisions of the principal Act relating to depositions and statements on oath taken in a foreign State, and copies of such original depositions and statements, do and shall extend to affirmations taken in a foreign State, and copies of such affirmations.
statements on oaths including affirmations.
taking
5. A Secretary of State may, by order under his hand and seal, require a Police Magistrate or a Justice of the Peace to take evidence for the purposes of any criminal matter pending in any Court or tribunal in any foreign State; and the Police Magistrate or Justice of the Peace, upon the receipt of such order, shall take the evidence of every witness appearing before him for the purpose in like manner as if such witness appeared on a charge against some defendant for an indictable offence, and shall
* See ante p. 122.
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THE EXTRADITION ACTS.
ACT OF 1873-36 & 37 VICT. c. 60.
133
Act of 1873. ·
[5th August, 1873.]
An Act to amend the Extradition Act. 1. This Act shall be construed as one with the Extradition Act, 1870, Construction (in this Act referred to as the principal Act), and the principal Act and of Act and this Act may be cited together as the Extradition Acts, 1870 and 1873, and this Act may be cited alone as the Extradition Act, 1873.
short title.
2. Whereas by section 6 of the principal Act it is enacted as follows* Explanation
*
*
and whereas doubts have arisen as to the application of the said section
of sect. 6 of Act of 1870.
accessories to be surrender-
to crimes committed before the passing of the principal Act, and it is expedient to remove such doubts, it is therefore hereby declared that: A crime committed before the date of the Order includes in the said section a crime committed before the passing of the principal Act, and the principal Act and this Act shall be construed accordingly.
3. Whereas a person who is accessory before or after the fact, or Liability of counsels, procures, commands, aids, or abets the commission of any in- dictable offence, is by English law liable to be tried and punished as if ed. he were the principal offender, but doubts have arisen whether such per- son as well as the principal offender can be surrendered under the prin- cipal Act, and it is expedient to remove such doubts; it is therefore hereby declared that:-Every person who is accused or convicted of having counselled, procured, commanded, aided, or abetted the com- mission of any extradition crime, or of being accessory before or after the fact to any extradition crime, shall be deemed for the purposes of the principal Act and this Act to be accused or convicted of having committed such crime, and shall be liable to be apprehended and surrendered accordingly.
of sect. 14 of
4. Be it declared, that the provisions of the principal Act relating to Explantation depositions and statements on oath taken in a foreign State, and copies Act of 1870 of such original depositions and statements, do and shall extend to as to affirmations taken in a foreign State, and copies of such affirmations.
statements on oaths including affirmations.
taking
5. A Secretary of State may, by order under his hand and seal, re- Power of quire a Police Magistrate or a Justice of the Peace to take evidence for evidence in the purposes of any criminal matter pending in any Court or tribunal in United any foreign State; and the Police Magistrate or Justice of the Peace, upon foreign the receipt of such order, shall take the evidence of every witness appear- matters. ing before him for the purpose in like manner as if such witness appeared on a charge against some defendant for an indictable offence, and shall
Kingdom for
criminal
* See ante p. 122.
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