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(9.) The expression "judge" includes any person authorized to act judicially in extradition matters. 40 V., c. 25, s. 1.

3. Application of Act. In the case of any foreign state with which there is, at or after the time when this Act comes into force, an extradition arrangement, this Act shall apply during the continuance of such arrangement; but no provision of this Act, which is inconsistent with any of the terms of the arrangement, shall have effect to contravene the arrangement; and this Act shall be so read and construed as to provide for the execution of the arrangement :

2. In the case of any foreign state with respect to which the application to the United Kingdom of the Act of the Parliament of the United Kingdom, passed in the year one thousand eight hundred and seventy, and intituled “An Act for amending the Law relating to the Extradition of Criminals," is made subject to any limitation, condition, qualification or exception, the Governor in Council shall make the application of this Act, by virtue of this section, subject to such limitation, condition, qualification or exception :

3. The Governor in Council may, at any time, revoke or alter, subject to the restrictions of this Act, any order made by him in council under this Act, and all the provisions of this Act with respect to the original order shall, so far as applicable, apply mutatis mutandis to the new order. 40 V., c. 25, s. 4.

4. This Act, so far as its application in the case of any foreign state, depends on or is affected by any Order in Council made under this Act or referred to therein, shall apply, or its application shall be affected from and after the time specified in the order, or, if no time is specified, after the date of the publication of the order in the Canada Gazette:

2. Any order of Her Majesty in Council, referred to in this Act, and any Order of the Governor in Council made under this Act, and any extradition arrangement not already published in the Canada Gazette, shall be, as soon as possible, published in the Canada Gazette and laid before both Houses of Parliament :

3. The publication in the Canada Gazette of an extradiction arrangement, or an Order in Council, shall be evidence of such arrangement or order, and of the terms thereof, and of the application of this Act, pursuant and subject thereto; and the Court or Judge shall take judicial notice, without proof, of such arrangement or order, and the validity of the order and the application of this Act, pursuant and subject thereto, shall not be questioned. 40 V., c. 25, s. 5.

5. Judges and Commissioners.-All Judges of the Superior Courts and of the County Courts of any Province, and all commissioners who are, from time to time, appointed for the purpose, in any Province by the Governor in Council, under the Great Seal of Canada, by virtue of this Act are authorized to act judicially in extradition matters under this Act, within the Province: and every such person

shall, for the purposes of this Act, have all the powers and jurisdiction of any Judge or Magistrate of the Province:

2. Nothing in this section shall be construed to confer on any Judge any jurisdiction in habeas corpus matters. 40 V., c. 25, s. 8.

EXTRADITION FROM CANADA,

6. Issuing warrant for apprehension of fugitive.—Whenever this Act applies, a Judge may issue his warrant for the apprehension of a fugitive on a foreign warrant of arrest, or an information or com plaint laid before him, and on such evidence or after such proceedings as in his opinion would, subject to the provisions of this Act, justify the issue of his warrant if the crime of which the fugitive is accused or alleged to have been convicted had been committed in Canada:

2. The Judge shall forthwith send a report of the fact of the issue of the warrant with certified copies of the evidence and foreign warrant, information or complaint, to the Minister of Justice. 40 V., c. 25, s. 11.

7. Execution of warrant.—A warrant issued under this Act may be executed in any part of Canada, in the same manner as if it had been originally issued, or subsequently endorsed, by a Justice of the Peace having jurisdiction in the place where it is executed. c. 25, s. 10.

40 V.,

8. Surrender not dependent on time when offence committed.— Every fugitive criminal of a foreign state in the case of which state this Act applies, shall be liable to be apprehended, committed and surrendered in the manner provided in this Act, whether the crime or conviction in respect of which the surrender is sought was committed or took place before or after the date of the arrangement, or of the coming into force of this Act, or of the application of this Act in the case of such state, and whether there is or is not any criminal jurisdiction in any Court of Her Majesty's dominions over the fugitive in respect of the crime. 40 V., c. 25, s. 7.

9. Proceedings before the Judge.-The fugitive shall be brought before a Judge, who shall, subject to the provisions of this Act, hear the case, in the same manner, as nearly as may be, as if the fugitive was brought before a Justice of the Peace, charged with an indictable offence committed in Canada.

2. The Judge shall receive upon oath, or affirmation if affirmation is allowed by law, the evidence of any witness tendered to shew the truth of the charge or the fact of the conviction :

3. The Judge shall receive, in like manner, any evidence tendered to shew that the crime of which the fugitive is accused or alleged to have been convicted, is an offence of political character, or is, for any other reason, not an extradition crime; or that the proceedings are being taken with a view to prosecute or punish him for an offence of a political character. 40 V., c. 25, s. 12.

10. Evidence.—Depositions or statements taken in a foreign state on oath or on affirmation, where affirmation is allowed by the law of the state, and copies of such depositions or statements, and foreign certificates of, or judicial documents stating the fact of conviction, may, if duly authenticated be received in evidence in proceedings under this Act:

2. Such papers shall be deemed duly authenticated if authenticated in manner provided, for the time being, by law, or if authenticated as follows:

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(a.) If the warrant purports to be signed by, or the certificate purports to be certified by, or the depositions or statements, or the copies thereof, purport to be certified to be the originals or true copies, by a Judge, Magistrate or officer of the foreign state:

(b) And if the papers are authenticated by the oath or affirmation of some witness, or by being sealed with the official seal of the Minister of Justice, or some other minister of the foreign state, or of a colony dependency or constituent part of the foreign state: of which seal the Judge shall take judicial notice without proof. 40 V., c. 25, s. 9.

11. Evidence necessary for committal.—If, in the case of a fugitive alleged to have been convicted of an extradition crime such evidence is produced as would, according to the law of Canada, subject to the provisions of this Act, prove that he was so convicted, and if in the case of a fugitive accused of an extradition crime such evidence is produced as would, according to the law of Canada, subject to the provisions of this Act, justify his committal for trial, if the crime had been committed in Canada, the Judge shall issue his warrant for the committal of the fugitive to the nearest convenient prison, there to remain until surrendered to the foreign state or discharged according to law; but otherwise the Judge shall order him to be discharged; 40 V., c. 25, s. 13.

12. Proceedings on committal.--If the Judge commits a fugitive to prison he shall, on such committal

(a) Inform him that he will not he surrendered until after the expiration of fifteen days, and that he has a right to apply for a writ of habeas corpus; and—

(b.) Transmit to the Minister of Justice a certificate of the committal, with a copy of all the evidence taken before him, not already so transmitted, and such report on the case as he thinks fit. 40 V., c. 25, s. 14.

13. By whom requisition for surrender may be made.—A requisition for the surrender of a fugitive criminal of a foreign state who is, or is suspected to be in Canada may be made to the Minister of Justice by any person recognized by him as a consular officer of that state resident at Ottawa,-or by any minister of that state communicating with the Minister of Justice through the diplomatic representative of Her Majesty in that state,--or if neither of these modes is convenient,

then in such other mode as is settled by arrangement. c. 25, s. 15.

40 V.,

14. When fugitive not liable to surrender.--No fugitive shall be liable to surrender under this Act if it appears.—

(a.) That the offence in respect of which proceedings are taken under this Act is one of a political character; or

(b.) That such proceedings are being taken with a view to prosecute or punish him for an offence of a political character. 40 V., c. 25, s. 6.

15. Cases where surrender may be refused. If the Minister of Justice at any time determines :

:

(a.) That the offence in respect of which proceedings are being taken under this Act is one of a political character;

(6.) That the proceedings are, in fact, being taken with a view to try or punish the fugitive for an offence of a political character; or

(c.) That the foreign state does not intend to make a requisition for surrender,

He may refuse to make an order for surrender, and may, by order under his hand and seal, cancel any order made by him, or any warrant issued by a Judge under this Act, and order the fugitive to be discharged out of custody on any committal made under this Act; and the fugitive shall be discharged accordingly. 40 V., c. 25, s. 16; —45 V., c. 20, s. 1.

16. Delay before surrender.—A fugitive shall not be surrendered until after the expiration of fifteen days from the date of his committal for surrender; or if a writ of habeas corpus is issued, until after the decision of the Court remanding him :

2. A fugitive who has been accused of an offence within Canadian jurisdiction, not being the offence for which his surrender is asked, or who is undergoing sentence under a conviction in Canada, shall not be surrendered until after he has been discharged, whether by acquittal or by expiration of his sentence, or otherwise. 40 V., c. 25,

s. 17.

17. Surrender to officer of foreign state.—Subject to the provisions of this Act, the Minister of Justice, upon the requisition of the foreign state, may, under his hand and seal, order a fugitive who has been committed for surrender to be surrendered to the person or persons who are, in his opinion, duly authorized to receive him in the name and on behalf of the foreign state, and he shall be so surrendered accordingly:

2. Any person to whom such order is directed may deliver, and the person so authorized may receive, hold in custody and convey the fugitive within the jurisdiction of the foreign state; and if he escapes out of any custody to which he is delivered, on or in pursuance of such order, he may be retaken in the same manner as any

person accused or convicted of any crime against the laws of Canada may be re-taken on an escape. 40 V., c. 25, s. 18.

18. Property found on Fugitive.-Every thing found in the possession of the fugitive at the time of his arrest, which may be material as evidence in making proof of the crime may be delivered up with the fugitive on his surrender, subject to all rights of third persons with regard thereto. 40 V., c. 25, s. 19.

19. Time within which fugitive must be conveyed out of Canada.— If a fugitive is not surrendered and conveyed out of Canada within two months after his committal for surrender, or if a writ of habeas corpus is issued, within two months after the decision of the Court on such writ, over and above, in either case, the time required to convey him from the prison to which he has been committed, by the readiest way out of Canada, any one or more of the Judges of the Superior Courts of the Province in which such person is confined, having power to grant a writ of habeas corpus, may, upon application made to him or them by or on behalf of the fugitive, and on proof that reasonable notice of the intention to make such application has been given to the Minister of Justice, order the fugitive to be discharged out of custody, unless sufficient cause is shewn against such discharge 40 V., c. 25, s. 20.

20. Forms.-The forms set fourth in the second schedule to this Act, or forms as near thereto as circumstances admit of, may be used in the matters to which such forms refer, and when used, shall be deemed valid. 40 V., c. 25, s. 21.

EXTRADITION FROM FOREIGN STATE.

21. Requisition for a fugitive from Canada.—A requisition for the surrender of a fugitive criminal from Canada, who is or is suspected to be in any foreign state with which there is an extradition arrangement, may be made by the Minister of Justice to a consular officer of that state resident at Ottawa, or to the Minister of Justice or any other Minister of that state, through the diplomatic representative of Her Majesty in that state, or if neither of these modes is convenient, then in such other mode as is settled by an arrangement. 40 V., 25, s. 22.

c.

22. Conveyance of fugitive surrendered.—Any person accused or convicted of an extradition crime. who is surrended by a foreign state, may, under the warrant for his surrender issued in such foreign state, be brought into Canada and delivered to the proper authorities to be dealt with according to law.

23. Surrendered fugitive not punishable contrary to arrangement• -Whenever any person accused or convicted of an extradition crime is surrendered by a foreign state; in pursuance of any extradition arrangement, such person shall not, until after he has been restored or has had an opportunity of returning to the foreign state within

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