The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1843-11-13

OFFICIAL.


AN ACT for giving effect to Treaty between Her
Majesty and the United States OF faseriea, lor Tue
Apprehension Of certain Offenders
[22d August, ls43.
WHEREAs by the Tenth Article OF treaty DC
tween Her Majesty and the United States OF imerica
signed at Washington the Ninth day OF august In
the Year One thousand eight hundred and torty-two
the Ratifcalons whereof were exchanged at London
on the Thirteenth Day of October IN the same Year
il was agreed that her Majesty and the said United
States should, upon mutual acquisitions by them or
their Ministers, Officers, Authorities respectively
made deliver up to Justice all Persons who, being
charged with the Crime of Murder, Assault with
Intent to commit Murder, or Piracy, or Arson, or
Robbery, or Forgery or the Uterance Of forged Pa
per- committed within the Jurisdiction of either Of
the High Contracting Partes should seek an Asylum
or should be found within the Territories Of the
other; provided that this should only be done upon
such Evidence Of Criminaty AZ according to the
Laws Of the Place where the Fugitive or Person
charged should be found would justify his Apprehen-
sion and Commitment for Trial if the Crime or Of
fence had been there committed, and that the respec
tive Judges and other Magistrates Of the Two Gov
ernments should have Power, Jurisdiction, and Au-
thority, upon Complaint made under Oath, to issue
Warrant for the Apprehension of the Fugitive
Person charged, SO that he might be brought be-
fore such Judges other Magistrates respectively
the end that the Evidence of Criminal'ty might be
heard and considered and if such Hearing the
Evidence should be deemed sufficient 10 sustain the
Magistrate to certify the to the proper
cutise Authority, that Warrant might issue for the
Surrender of such Fugitive, and that the Expence of
such Apprehension and Delivery should be borne and
betrayed by the Party making the Requiston and re-
ceiving the Fugitive; and it is by the Eleventh Arti.
Gle of the said Treaty further agreed that the Tenth
Article, herein before rected, should continue in
force until one or other of the High Contracting Par
ties should signify its Wish terminate it, and no
longer: And whereas it expedient that Provision
should be made for carrying the said Agreement into
effect be it enacted by the Queens 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 That in case Requsition shall at any
Time be made by the Authority of the said United |
States in pursuance Of and according to the said
Treaty. for the Delivery of any Person charged with
the Crime Of Murder, or Assault with Intent to com
NIT Murder, or with the Crime of Piracy, Arson |
or Robbery, or Forgery, the Utterance of forged
Paper, committed within the Jurisdiction Of the Uni
ted States Of .4erca who shall be found within the
Territories of Her Majesty, it shall be lawful for
or in Ireland for the Chief Secretary Of the Lord
Lieutenant Of Ireland, and in any of Her Maesty's
Colonies or POSSESSIONS abroad for the Officer admin
isterng the Government Of any such Colony Pos
session. By Warrant under his Hand and Seal to sig
nifty that such Requstion has been so made, and to
require all Justices Of the Peace and other Magistrates
and Officers of Justice within their several Jurisdc
tions 10 govern themselves accordingly and to aid in
experimenting the Person accused, and committing
such Person to Gaol, for the Purpose of being de-
lvered up 10 Justice, according to the Provisions of
the said Treaty and thereupon it shall be lawful for
any justice Of The Peace, other Person having
Power to commit for Trial Persons accused Of Crimes
against the Laws of that Part Of Her Majesty's Do
mlnions in which such supposed Offender shall be |
found to examine upon Oath any Person or Persons
touching the Truth of such Charge, and upon such
Evidence as according TO the Laws of that Part Of
Her Majesty's Dominions would Justify the ppre-
henson and Committa for Trial Of the Person
cused if the Crime Of which he or she shall be ac
cused had been there committed it shall be lawful
for such Justice of the Peace other Person hav
ling Power to commit aforesaid, to issue his War
rant for the Apprehension Ct such Person, and also
to commit the Person accused to GAIL, there
main until delivered pursuant to such Requisition
aforesaid.
IL. Provided always, and be i, enacted, That in
every such Case Copies of the Dispositions upon which
the original Warrant granted, certified under the
Hand OF the Person or Persons issuing such Warrant
and attested upon the Oath of the Party producing
them 10 be true Copies of the original Dispositions,
may be received in Evidence Of the Criminality Of
the Person so apprehended.
Ill. And be it enacted, That upon the Certificate
OF such Justice of the Peace, other Person having
Power to commit as aforesaid, that such supposed
Offender has been so committed to Gao it shall be
lawful for One of Her Majesty's Principal Secreia-
res of State in Ireland for the Chief Secretary of
the L.'rd Lieutenant Of Ireland, and in any of Her
MaleStys COLONIES or possessions abroad for the !
Officer administering the Government of any such |
Colony Possession by Warrant under his Hand and
Seal to order the Person committed to be deliver
ed to such Person or Persons shall be authorized
in the Name Of the said United States to receive the
Person committed, and to convey such Person to
the Territories of the said United States TO be tried
for the Crime of which such Person shall be so ac
cused, and such Person shall be delivered up accord
ngly, and shall be lawful for the Person or Persons
authorized as aforesaid to hold such Person in Custo
dy, and take him her to the Territories of the said
United States, pursuant TO the said Treaty and if
the Person accused shall escape out of any Custo
dy TO which he she shall be committed or to which
ne she shall be delivered as aforesaid it shall be
lawful to retake such Person. in the same Manner as
any Person accused Of any Crime against the Laws
of that Part Of Her Majes,y's Dominions to which
he or she shall SO escape may be retaken upon an
Escape
W. And be it enacted, That where any Person who
shall have been committed under this Act, to remain
until delivered up pursuant to Requisition afore-
said, shall not be delivered up pursuant thereto and
conveyed out Of Her Majestys Dominons within
Two Calendar Months after such Commitial over
and above the Time actually required 10 convey the
Prisoner from the Gaol to which be or she COM
mltted by the rcadiest Way out Of Her Majesty's
Dominions it shall in every such Case be lawful Tor
any Of Her Majesty's Judges in that Part OF Her
Maesty's Domniohs in which such supposed Often
der shall be in Custody upon Application made to |
him or them by or on behalf of the Person so com |
mitted, and upon Proof made to him or them that |
reasonable Notice Of the Intention to make such Ap
plication has been given to some or One Of Her Ma
estvs Principal Secretaries Of State or in Ireland 10
the Chief Secretary Of the Lord Lieutenant of Ire
land and in any of Her Majesty's Colonies Posses
sions abroad for the Officer administering the Co
vernment of any such Colony Possession, to order
the Person committed to be discharged out Of Gus
tody unless sufficient Cause shall be shown to such
Judge Judges why such Discharge ought not TO be
ordered.
v. And be it enacted, That if by any Law Or
dinance to be hereafter made by the local Legislature
Of any British Colony or Possession abroad Provision
shall be made for carrying into complete Effect with
in such Colony Possession the Objects of this pre-
sent Act, by the Substitution Of some other Enact
ment in lieu thereof then it shall be competent TO
Her Majesty, with the Advice of Her Privy Council,
(f 10 Her Majesty in Council il shall seem meet but
not otherwise) to suspend the Operatonin with any
such Colony or Possession of this present Act long