Sec. 5271. In every case of complaint, and of a hearing upon the return of the warrant of arrest, copies of the depositions, upon which an original warrant in any foreign country may have been granted, certified under the hand of the person issuing such warrant, and attested upon the oath of the party producing them to be true copies of the original depositions, may be received in evidence of the criminality of the person so apprehended, if they are authenticated in such manner as would entitle them to be received for similar purposes by the tribunals of the foreign country from which the accused party escaped. The certificate of the principal diplomatic officer or consular officer of the United States resident in such foreign country shall be proof that any paper or other document so offered is authenticated in the manner required by this section (h). Sec. 5272. It shall be lawful for the Secretary of State, under his hand and seal of office, to order the person so committed to be delivered to such person as shall be authorized, in the name and on behalf of such foreign government, to be tried for the crime of which such person shall be so accused, and such person shall be delivered up accordingly; and it shall be lawful for the person so authorized to hold such person in custody and to take him to the territory of such foreign government, pursuant to such treaty. If the person so accused shall escape out of any custody to which he shall be committed, or to which he shall be delivered, it shall be lawful to retake such person in the same manner as any person accused of any crime against the laws in force in that part of the United States to which he shall so escape, may be retaken on an escape (i). Sec. 5273. Whenever any person who is committed under this title, or any treaty, to remain until delivered up in pursuance of a requisition, is to be delivered up and conveyed out of the United States within two calendar months after such commitment, over and above the time actually required to convey the prisoner from the jail to which he was committed, by the readiest way, out of the United States, it shall be lawful for any judge of the United States, or of any State, upon application made to him by or on behalf of the person so committed, and upon proof made to him that reasonable notice of the intention to make such application has been given to the Secretary of State, to order the person so committed to be discharged out of custody, unless sufficient cause is shown to such judge why such discharge ought not to be ordered. Sec. 5274. The provisions of this title relating to the surrender of persons who have committed crimes in foreign countries, shall continue in force during the existence of any treaty of extradition with any foreign government, and no longer. The other sections of this title (Secs. 5275 to 5280) relate to the mode in which a person demanded by the United States from a foreign country is to be protected and guarded, to fugitives from one State of the Union to another, and to the arrest of seamen deserting from ships in ports of the United States. Existing American Extradition Treaties. Besides the treaties with England and France mentioned in the text, the United States have extradition treaties with Austria (proclaimed Dos Santos, 2 Brock, 493; U. S. v. Davis, 2 Sumner, 92; The British Prisoners, 1 (h) [In re Kaine, 14 Howard, 103; In re Heinrich, 5 Blatchford, 414; In re Francois Farez, 7 ibid. 345.] (1) [In re Kaine, 14 Howard, 103.] 15th December, 1856); Baden (19th May, 1857); Bavaria (12th September, 1853); Belgium (1st May, 1874); Dominican Republic (24th October, 1867); Ecuador (24th December, 1873); German (North) Confederation (22nd February, 1868); Hayti (3rd November, 1864); Italy (30th September, 1868, and 11th May, 1869); Mexico (20th June, 1862); Nicaragua (25th June, 1870); Orange Free State (23rd August, 1873); Peru (27th July, 1874); Prussia (16th June, 1852, and 22nd February, 1868); Salvador (4th March, 1874); Spain (5th January, 1877); Sweden and Norway (21st December, 1860); Swiss Confederation (9th November, 1855); Turkey (11th August, 1874); Venezuela (25th September, 1861). APPENDIX C. ENGLISH AND AMERICAN FOREIGN ENLISTMENT ACTS. An Act to regulate the conduct of Her Majesty's Subjects during the Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: Preliminary. 1. This Act may be cited for all purposes as "The Foreign Enlist- Short title of ment Act, 1870." Act. 2. This Act shall extend to all the dominions of Her Majesty, Application including the adjacent territorial waters. of Act. 3. This Act shall come into operation in the United Kingdom im- Commencemediately on the passing thereof, and shall be proclaimed in every ment of Act. British possession by the governor thereof as soon as may be after he receives notice of this Act, and shall come into operation in that British possession on the day of such proclamation, and the time at which this Act comes into operation in any place is, as respects such place, in this Act referred to as the commencement of this Act. Illegal Enlistment. enlistment in foreign State. 4. If any person, without the license of Her Majesty, being a British Penalty on subject, within or without Her Majesty's dominions, accepts or agrees envie of to accept any commission or engagement in the military or naval service of any foreign State at war with any foreign State at peace with Her Majesty, and in this Act referred to as a friendly State, or whether a British subject or not within Her Majesty's dominions, induces any other person to accept or agree to accept any commission or engagement in the military or naval service of any such foreign State as aforesaid,― He shall be guilty of an offence against this Act, and shall be punishable by fine and imprisonment, or either of such punish Penalty on leaving Her Majesty's dominions ments, at the discretion of the Court before which the offender is convicted; and imprisonment, if awarded, may be either with or without hard labour. 5. If any person, without the license of Her Majesty, being a British subject, quits or goes on board any ship with a view of quitting Her Majesty's dominions, with intent to accept any commission or with intent to engagement in the military or naval service of any foreign State at war serve a foreign with a friendly State, or, whether a British subject or not, within Her Majesty's dominions, induces any other person to quit or to go on board any ship with a view of quitting Her Majesty's dominions with the like intent, State. Penalty on embarking persons under false representations as to service. Penalty on taking illegally enlisted persons on board ship. He shall be guilty of an offence against this Act, and shall be punishable by fine and imprisonment, or either of such punishments, at the discretion of the Court before which the offender is convicted; and imprisonment, if awarded, may be either with or without hard labour. 6. If any person induces any other person to quit Her Majesty's dominions or to embark on any ship within Her Majesty's dominions under a misrepresentation or false representation of the service in which such person is to be engaged, with the intent or in order that such person may accept or agree to accept any commission or engagement in the military or naval service of any foreign State at war with a friendly State, He shall be guilty of an offence against this Act, and shall be punishable by fine and imprisonment, or either of such punishments, at the discretion of the Court before which the offender is convicted; and imprisonment, if awarded, may be either with or without hard labour. 7. If the master or owner of any ship, without the license of Her Majesty, knowingly either takes on board, or engages to take on board, or has on board such ship within Her Majesty's dominions any of the following persons, in this Act referred to as illegally enlisted persons; that is to say, (1.) Any person who, being a British subject within or without the dominions of Her Majesty, has, without the license of Her Majesty, accepted or agreed to accept any commission or engagement in the military or naval service of any foreign State at war with any friendly State: (2.) Any person, being a British subject, who, without the license of Her Majesty, is about to quit Her Majesty's dominions with intent to accept any commission or engagement in the military or naval service of any foreign State at war with a friendly State: (3.) Any person who has been induced to embark under a misrepresentation or false representation of the service in which such person is to be engaged, with the intent or in order that such person may accept or agree to accept any commission or engagement in the military or naval service of any foreign State at war with a friendly State: Such master or owner shall be guilty of an offence against this Act, and the following consequences shall ensue; that is to say, (1.) The offender shall be punishable by fine and imprisonment, or either of such punishments, at the discretion of the Court before which the offender is convicted; and imprisonment, if awarded, may be either with or without hard labour: and (2.) Such ship shall be detained until the trial and conviction or acquittal of the master or owner, and until all penalties inflicted on the master or owner have been paid, or the (3.) All illegally enlisted persons shall immediately on the dis- Illegal Shipbuilding and Illegal Expeditions. 8. If any person within Her Majesty's dominions, without the Penalty on license of Her Majesty, does any of the following acts; that is to say, building and illegal ship(1.) Builds or agrees to build, or causes to be built any ship with illegal expediintent or knowledge, or having reasonable cause to believe tions. that the same shall or will be employed in the military or naval service of any foreign State at war with any friendly State: or (2.) Issues or delivers any commission for any ship with intent or knowledge, or having reasonable cause to believe that the same shall or will be employed in the military or naval service of any foreign State at war with any friendly State: or (3.) Equips any ship with intent or knowledge, or having reasonable cause to believe that the same shall or will be employed in the military or naval service of any foreign State at war with any friendly State: or (4.) Despatches, or causes or allows to be despatched, any ship with intent or knowledge, or having reasonable cause to believe that the same shall or will be employed in the military or naval service of any foreign State at war with any friendly State: Such person shall be deemed to have committed an offence against this Act, and the following consequences shall ensue : (1.) The offender shall be punishable by fine and imprisonment, or either of such punishments, at the discretion of the Court before which the offender is convicted; and imprisonment, if awarded, may be either with or without hard labour: (2.) The ship in respect of which any such offence is committed, and her equipment, shall be forfeited to Her Majesty: Provided that a person building, causing to be built, or equipping a ship in any of the cases aforesaid, in pursuance of a contract made before the commencement of such war as aforesaid, shall not be liable to any of the penalties imposed by this section in respect of such building or equipping if he satisfies the conditions following; that is to say, (1.) If forthwith upon a proclamation of neutrality being issued by Her Majesty he gives notice to the Secretary of State that he is so building, causing to be built, or equipping such ship, and furnishes such particulars of the contract and of any matters relating to, or done, or to be done under the contract as may be required by the Secretary of State: (2.) If he gives such security, and takes and permits to be taken such other measures, if any, as the Secretary of State may 9. Where any ship is built by order of or on behalf of any foreign Presumption State when at war with a friendly State, or is delivered to or to the as to evidence in case of illegal ship. Penalty on aiding the warlike equipment of foreign ships. Penalty on fitting out naval or military expeditions without license. Punishment order of such foreign State, or any person who to the knowledge of the person building is an agent of such foreign State, or is paid for by such foreign State or such agent, and is employed in the military or naval service of such foreign State, such ship shall, until the contrary is proved, be deemed to have been built with a view to being so employed, and the burden shall lie on the builder of such ship of proving that he did not know that the ship was intended to be so employed in the military or naval service of such foreign State. 10. If any person within the dominions of Her Majesty, and without the license of Her Majesty, By adding to the number of the guns, or by changing those on board for other guns, or by the addition of any equipment for war, increases or augments, or procures to be increased or augmented, or is knowingly concerned in increasing or augmenting the warlike force of any ship which at the time of her being within the dominions of Her Majesty was a ship in the military or naval service of any foreign State at war with any friendly State, Such person shall be guilty of an offence against this Act, and shall be punishable by fine and imprisonment, or either of such punishments, at the discretion of the Court before which the offender is convicted; and imprisonment, if awarded, may be either with or without hard labour. 11. If any person within the limits of Her Majesty's dominions, and without the license of Her Majesty, Prepares or fits out any naval or military expedition to proceed against the dominions of any friendly State, the following consequences shall ensue : (1.) Every person engaged in such preparation or fitting out, or assisting therein, or employed in any capacity in such expedition, shall be guilty of an offence against this Act, and shall be punishable by fine and imprisonment, or either of such punishments, at the discretion of the Court before which the offender is convicted; and imprisonment, if awarded, may be either with or without hard labour. (2.) All ships, and their equipments, and all arms and munitions of war, used in or forming part of such expedition, shall be forfeited to Her Majesty. 12. Any person who aids, abets, counsels, or procures the commisof accessories. sion of any offence against this Act, shall be liable to be tried and punished as a principal offender. Limitation of term of imprisonment. Illegal prize brought into British ports restored. 13. The term of imprisonment to be awarded in respect of any offence against this Act shall not exceed two years. Illegal Prize. 14. If, during the continuance of any war in which Her Majesty may be neutral, any ship, goods, or merchandize captured as prize of war within the territorial jurisdiction of Her Majesty, in violation of the neutrality of this realm, or captured by any ship which may have been built, equipped, commissioned, or despatched, or the force of which may have been augmented, contrary to the provisions of this Act, are brought within the limits of Her Majesty's dominions by the captor, or any agent of the captor, or by any person having come into possession thereof with knowledge that the same was prize of war so captured as aforesaid, it shall be lawful for the original owner of such prize, or his agent, or for any person authorized in that behalf by the Government of the foreign State to which such owner belongs, to make application to the Court of Admiralty for seizure and detention |