ber or officer of any company, made criminal by the laws of both countries.

PERJURY; SUBORNATION OF PERJURY.

RAPE; ABDUCTION; CHILD STEALING; KIDNAPPING.

BURGLARY; HOUSEBREAKING; SHOPBREAKING.

PIRACY by the law of nations.

REVOLT OF CONSPIRACY TO REVOLT by two or more persons on board a ship on the high seas against the authority of the master; WRONGFULLY SINKING OR DESTROYING A VESSEL AT SEA; or ATTEMPTING to do so; ASSAULTS ON BOARD A SHIP on the high seas WITH INTENT to do grievous bodily harm.

CRIMES AND OFFENCES against the laws of both countries for the suppression of SLAVERY AND SLAVE TRADING.

FORMS IN THE SECOND SCHEDULE OF THE EXTRADITION ACT.

Warrant of Apprehension.

To wit:

To all and each of the constables of

WHEREAS it has been shown to the undersigned, a judge under "The Extradition Act" that

is accused [or, convicted] of the crime of

the jurisdiction of

late of

within

This is therefore to command you in Her Majesty's name forthwith to apprehend the said and to bring him before

me or some other judge under the said Act to be further dealt with according to law for which this shall be your warrant.

GIVEN under my hand and seal at

this

BE IT REMEMBERED that on this

the year

at

is brought

before me, a Judge under" The Extradition Act,”

who has been apprehended under the said Act, to be dealt with according to law; and forasmuch as I have determined that he should be surrendered in pursuance of the said Act, on the ground of his being accused [or convicted] of the crime of within the jurisdiction of

This is therefore to command you, the said constable, in Her Majesty's name, forthwith to convey and deliver the said

into the custody of the keeper, of the the said keeper, to receive the said

at

and you

was delivered into the custody of you, the keeper of the

Now, I do hereby, in pursuance of the said Act, ORDER you, the keeper, to deliver the said. into the custody of the said

and I COMMAND you, the said

to

receive the said into your custody and to convey him within the jurisdiction of the said and there place him in the custody of any person or persons (or of appointed by the said

shall be your warrant.

to receive him for which this

GIVEN under the hand and seal of the undersigned Minister of Justice of Canada, this A. D. 189

day of

FUGITIVE OFFENDERS ACT.

The Fugitive Offenders Act applies to the following offences, namely: TREASON, PIRACY, and every offence which is, for the time being punishable, in the part of Her Majesty's dominions in

which it was committed, either on indictment or information, by imprisonment with hard labour for a term of TWELVE MONTHS OF more, or by any greater punishment; and the Act applies also, so far as is consistent with the tenor thereof to any person convicted by a court in any part of Her Majesty's dominions of an offence committed in Her Majesty's dominions or elsewhere, who is unlawfully at large before the expiration of his sentence, in like manner as it applies to a person accused of the like offence committed in the part of Her Majesty's dominions in which such person was convicted. (R. S. C., c. 143, sec. 3.)

Whenever a person accused of having committed an offence (to which the Act applies), in any part of Her Majesty's dominions outside of Canada, has left that part, such person, as a fugitive from that part, if found in Canada, shall be liable to be apprehended and returned to the part from which he is a fugitive; and he may be so apprehended under an indorsed warrant or a provisional warrant. (Ib., sec. 4.)

Whenever a warrant has been issued in a part of Her Majesty's dominions for the apprehension of a fugitive from that, part who is, or is suspected to be, in or on the way to Canada, the GovernorGeneral or a judge of a court, if satisfied that the warrant was issued by some person having lawful authority to issue the same, may indorse such warrant, and the warrant so indorsed shall be a sufficient authority to apprehend the fugitive in Canada and bring him before a magistrate. (Ib., sec. 5.)

A magistrate in Canada may issue a PROVISIONAL WARRANT for the apprehension of a fugitive who is or is suspected of being in or on his way to Canada, on such information and under such circumstances as would, in his opinion, justify the issue of a warrant if the offence of which the fugitive is accused had been committed within his jurisdiction; and such warrant may be backed and executed accordingly. (lb., sec. 6.)

A magistrate issuing a provisional warrant must forthwith send a report of the issue, together with the informalion or a certified copy thereof, to the Governor-General; and the Governor-General may, if he thinks fit, discharge the person apprehended under such

A fugitive when apprehended shall be brought before a magistrate, who, subject to the provisions of the Act, shall hear the case in the same manner and have the same jurisdiction and powers, as nearly as may be, including the power to remand and admit to bail, as if the fugitive was charged with an offence committed within his jurisdiction. (Ib., sec. 7. subsec. 1.)

Whenever the magistrate commits the fugitive to prison, he must inform him that he will not be surrendered until after the expiration of FIFTEEN DAYS, and that he has a right to apply for a writ of habeas corpus or other like process. (lb., sec. 7, subsec. 3.)

A fugitive apprehended on a provisional warrant may from time to time be remanded for such reasonable time, not exceeding seven days at any one time, as seems requisite for the production of an endorsed warrant. (Ib., sec. 7, subsec. 4.)

Upon the expiration of FIFTEEN DAYS after the fugitive's committal to prison to await his return, or, (if a writ of habeas corpus or other like process has been issued with reference to him), after the final decision of the court in the case, the Governor-General by warrant under his hand, if he thinks it just, may order the fugitive to be returned to the part of Her Majesty's dominions from which he is a fugitive. (lb., sec 8.)

If a fugitive committed to prison to await his return is not returned out of Canada within TWO MONTHS after his committal the court, upon application, by or on behalf of the fugitive after reasonable notice to the Governor-General, may, unless cause is shown, to the contrary, order the fugitive to be discharged. (Ib., sec. 9.)

Manner of Return of Fugitive.-Whenever a fugitive or prisoner is authorized to be returned to any part of Her Majesty's dominions in pursuance of this Act, such fugitive or prisoner may be sent thither in any ship registered in Canada or belonging to the Government of Canada :

2. The Governor-General, for the purpose aforesaid, may, by the warrant for the return of the fugitive, order the master of any ship registered in Canada, bound to the said part of Her Majesty's dominions, to receive such fugitive or prisoner, and afford a passage and subsistence during the voyage to him, and to the person having him in custody, and to the witnesses; but such master shall

not be required to receive more than one fugitive or prisoner for every hundred tons of his ship's registered tonnage, or more than one witness for every fifty tons of such tonnage :

3. The Governor-General shall cause to be indorsed upon the agreement of the ship such particulars with respect to any fugitive prisoner or witness sent in her, as the Minister of Marine and Fisheries, from time to time, requires:

4. Every such master shall, on his ship's arrival in the said part of Her Majesty's dominions, cause such fugitive or prisoner, if he is not in the custody of any person, to be given into the custody of some constable there to be dealt with according to law.

5. Every master who fails, on payment or tender of a reasonable amount for expenses, to comply with an order made in pursuance of this section, or to cause a fugitive or prisoner committed to his charge to be given into custody as required by this section, shall be liable, on summary conviction, to a penalty not exceeding two hundred dollars. (Ib., sec. 15.)

Evidence.—A magistrate may take depositions for the purposes of this Act, in the absence of a person accused of an offence, in like manner as he might take the same if such person was present and accused of an offence before him. (Ib., sec. 16.)

Depositions whether taken in the absence of the fugitive or otherwise and copies thereof, and official certificates of, or judicial documents stating facts, may, if duly authenticated, be received in evidence in proceedings under this Act. (Ib., sec. 17.)

Warrants and depositions and copies thereof and official certificates of or judicial documents stating facts shall be deemed duly authenticated for the purposes of the Act, if they are authenticated in manner provided, for the time being by law, or if they purport to be signed, by or authenticated by the signature of a judge, magistrate, or officer of the part of Her Majesty's dominions in which the same are issued, taken, or made and are authenticated either by the oath of some witness or the public seal of a British possession or of a Colonial secretary or of some secretary or minister administering a department of the government of a British possession; and all courts and magistrates are required to take judicial notice of every such seal and admit without further proof the documents authenticated by it. (lb., 18.)