THE EXTRADITION ACTS.
125
criminal by the foreign State from which the requisition for the Act of 1870. surrender proceeded, and such fugitive criminal shall be surrendered accordingly.
It shall be lawful for any person to whom such warrant is directed and for the person so authorised as aforesaid to receive, hold in custody, and convey within the jurisdiction of such foreign State the criminal mentioned in the warrant; and if the criminal escapes out of any custody to which he may be delivered on or in pursuance of such warrant, it shall be lawful to retake him in the same manner as any person accused of any crime against the laws of the part of Her Majesty's Dominions to which he escapes may be retaken upon an escape.
12. If the fugitive criminal who has been committed to prison is not Discharge of surrendered and conveyed out of the United Kingdom within 2 months persons apprehended if after such committal, or if a writ of habeas corpus is issued, after the not conveyed decision of the Court upon the return to the writ, it shall be lawful for out of United Kingdom any Judge of one of Her Majesty's Superior Courts at Westminster, within 2 upon application made to him by or on behalf of the criminal, and upon proof that reasonable notice of the intention to make such application has been given to a Secretary of State, to order the criminal to be discharged out of custody, unless sufficient cause is shown to the contrary.
months.
of warrant
13. The warrant of the Police Magistrate issued in pursuance of this Execution Act may be executed in any part of the United Kingdom in the same of Police manner as if the same had been originally issued or subsequently indorsed by the Justice of the Peace having jurisdiction in the place where the same is executed.
dence.
14. Depositions or statements on oath, taken in a foreign State, and Depositions copies of such original depositions or statements, and foreign certificates to be evidence. of or judicial documents stating the fact of conviction, may, if duly authenticated, be received in evidence in proceedings under this Act.
15. Foreign warrants and depositions or statements on oath, and Authentica- copies thereof, and certificates of or judicial documents stating the fact tion of depositions of a conviction, shall be deemed duly authenticated for the purposes of and warrants. this Act if authenticated in manner provided for the time being by law or authenticated as follows:-
(1) If the warrant purports to be signed by a Judge, Magistrate, or officer of the foreign State where the same was issued;
(2) If the depositions or statements or the copies thereof purport to be certified under the hand of a Judge, Magistrate, or officer of the foreign State where the same were taken to be the original depositions or statements, or to be true copies thereof, as the case may require; and
* Depositions and statements on oath and copies thereof include affirmations and copies thereof see 36 & 37 Vict. c. 60 s. 4.*
THE EXTRADITION ACTS.
125
criminal by the foreign State from which the requisition for the Act of 1870. surrender proceeded, and such fugitive criminal shall be surrendered accordingly.
It shall be lawful for any person to whom such warrant is directed and for the person so authorised as aforesaid to receive, hold in custody, and convey within the jurisdiction of such foreign State the criminal mentioned in the warrant; and if the criminal escapes out of any custody to which he may be delivered on or in pursuance of such warrant, it shall be lawful to retake him in the same manner as any person accused of any crime against the laws of the part of Her Majesty's Dominions to which he escapes may be retaken upon an escape.
12. If the fugitive criminal who has been committed to prison is not Discharge of surrendered and conveyed out of the United Kingdom within 2 months persons ap-
prehended if after such committal, or if a writ of habeas corpus is issued, after the not conveyed decision of the Court upon the return to the writ, it shall be lawful for out of Unit-
ed Kingdom any Judge of one of Her Majesty's Superior Courts at Westminster, within 2 upon application made to him by or on behalf of the criminal, and upon proof that reasonable notice of the intention to make such application has been given to a Secretary of State, to order the criminal to be dis- charged out of custody, unless sufficient cause is shown to the contrary.
months.
of warrant
13. The warrant of the Police Magistrate issued in pursuance of this Execution Act may be executed in any part of the United Kingdom in the same of Police manner as if the same had been originally issued or subsequently in- Magistrate. dorsed by the Justice of the Peace having jurisdiction in the place where the same is executed.
dence.
14 Depositions or statements on oath, taken in a foreign State, and Depositions copies of such original depositions or statements, and foreign certificates to be evi- of or judicial documents stating the fact of conviction, may, if duly authenticated, be received in evidence in proceedings under this Act.
15. Foreign warrants and depositions or statements on oath, and Authenti- copies thereof, and certificates of or judicial documents stating the fact cation of
depositions of a conviction, shall be deemed duly authenticated for the purposes of and war- this Act if authenticated in manner provided for the time being by law rants. or authenticated as follows:-
(1) If the warrant purports to be signed by a Judge, Magistrate, or officer of the foreign State where the same was issued;
(2) If the depositions or statements or the copies thereof purport to be certified under the hand of a Judge, Magistrate, or officer of the foreign State where the same were taken to be the original deposi- tions or statements, or to be true copies thereof, as the case may require; and
* Depositions and statements on oath and copies thereof include affirmations and
copies thereof see 36 & 37 Vict. c. 60 s. 4.
*
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