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CONVENTION BETWEEN GREAT BRITAIN AND
For the mutual surrender in certain cases of persons fugi
tive from Justice.
(Signed at London, 13th February, 1843: Ratifications exchanged at London
13th March, 1843.)
HER MAJESTY the Queen of the United Kingdom of
Great Britain and Ireland and His Majesty the King of the French, having judged it expedient, with a view to the better administration of justice, and to the prevention of crime within their respective territories and jurisdictions, that persons charged with the crimes hereinafter enumerated and being fugitives from justice should under certain circumstances, be reciprocally delivered up.
Their said Majesties have named as their Plenipotentiaries to conclude a convention for this purpose, that is to say :
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honourable George, Earl of Aberdeen, Viscount Gordon, Viscount Formartine, Lord Haddo, Methlick, Tarves and Kellie, a Peer of the United Kingdom, a Member of Her Majesty's Most Honourable Privy Council, Knight of the Most Ancient and Most Noble Order of the Thistle, and Her Majesty's Principal Secretary of State for Foreign Affairs ;
And His Majesty the King of the French, the Sieur Louis de Beaupoil, Count of Sainte Aulaire, a Peer of France, Grand Officer of the Royal Order of the Legion of Honour, Grand Cross of the Order of Leopold of Belgium, His Ambassador Extraordinary to Her Britannic Majesty ;
Who after having communicated to each other their reşpective full powers found in good and due form, have agreed upon and concluded the following Articles :
Extradition Treaty with King of the French. ,
It is agreed that the high contracting parties shall, on requisitions made in their name, through the medium of their respective diplomatic agents, deliver up to justice, persons who, being accused of the crimes of murder (comprehending the crimes designated in the French Penal Code by the terms assassination, parricide, infanticide and poisoning), or of an attempt to commit murder, or of forgery or of fraudulent bankruptcy, committed within the jurisdiction of the requiring party, shall seek an asylum, or shall be found within the territories of the other; provided that this shall be done only when the commission of the crime shall be so established as that the laws of the country where the fugitive or person so accused shall be found, would justify his apprehension and commitment for trial if the crime had been there committed.
Consequently, on the part of the French Government, the surrender shall be made only by the authority of the Keeper of the Seals, Minister of Justice, and after the production of a warrant of arrest or other equivalent judicial document, issued by a Judge or other competent authority in Great Britain, clearly setting forth the acts for which the fugitive shall have rendered himself accountable; and on the part of the British Government the surrender shall be made only on the report of a Judge or Magistrate duly authorized to take cognizance of the acts charged against the fugitive in the warrant of arrest or other equivalent judicial document, issued by a Judge or competent Magistrate in France and likewise clearly setting forth the said acts.
The expenses of any detention and surrender made in virtue of the preceding Article, shall be borne and defrayed by the Government in whose name the requisition shall have been made.
The provisions of the present Convention shall not apply in any manner to crimes of murder, forgery or fraudulent bankruptcy committed antecedently to the date thereof.
The present Convention shall be in force until the first day of January, 1844, after which date either of the High Contracting Parties shall be at liberty to give notice to the
Extradition Treaty with King of the French, &c.
other, of its intention to put an end to it, and it shall alto. . gether cease and determine at the expiration of six months from the date of such notice.
The present Convention shall be ratified and the ratifications shall be exchanged at London, at the expiration of three weeks from its date or sooner if possible.
In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms.
Done at London the 13th day of February, in the year of our Lord 1813.
(L. S.] ABERDEEN.
TREATY BETWEEN HER MAJESTY AND THE KING
OF SWEDEN AND NORWAY.
At the Court at Balmoral, the 30th day of September, 1873.
Vy the Session of Parliament holden in the thirty-third and thirty-fourth years of the reign of Her present Majesty, intituled “An Act for amending the Law relating to the Extradition of Criminals,"it was amongst other things enacted, that where an arrangement has been made with any foreign State with respect to the surrender to such State of any fugitive criminals, Her Majesty may, by Order in Council, direct that the said Act shall apply in the case of such foreign State; and that Her Majesty may, by the same or any subsequent Order,limit the operation of the Order,and restrict the same to fugitive criminals who are in or suspected of being in the part of Her Majesty's Dominions specified in the Order, and render the operation thereof subject to such conditions, exceptions, and qualifications as may be deemed expedient :
And whereas a Treaty was concluded on the 26th day of June last betrren Her Majesty and the King of Sweden and Norway, for the mutual extradition of fugitive crimi. nals, which Treaty is in the terms following: