The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1843-11-10
OFFICIAL.

The subjoined British Act is published for
the information of the American public. and
the benefit of those whom il may concern:
AN ACT for giving effect to Treaty between Her
Majesty and the United States of .ineriea, for the
Apprehension of certain Offenders.
[a2d august, ls43
WHEREAs BY the Tenth Article of Treaty be
tween Her Majesty and the United States of imeriea,
signed at Washington on the Ninth day of august in
the Year One thousand eight hundred and forty
the Ratifcations whereof were exchanged at London
on the Thirteenth Day of October in the Year,
it was agreed that her Majesty and the said United
States should upon mutual acquisitions by them or
their Minister'S Officers, or Authorities respectively
made, deiivsf 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, the Uterance Of forged Pa
per, committed within the Jurisdiction of either Of
the High Contracting Parties should seek an Asylum
should be found within the Territories OF the
other; provided that this should only be done upon
such Evidence of Crimnality as according to the
Laws of the Place where the Fugitive or Person SO
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 or
Person so charged so that he might be brought be-
fore such Judges other Magistrates respectively to
the end that the Evidence OF Crimnallty might be
heard aud considered, and if on such Hearing the
Evidence should be deemed sufficient 10 sustain the
Charge il should be TIE Duty Of the examining Judge
OF Magistrate to certify the to the proper exc
cutiye Authority, thai 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 Requisition and
ceiying the Fugitive and il is by the Eleventh Art
Gle Of the said Treaty further agreed, that the Tenth
Article herein-beiore recited, should continue in
force until other Of the High Contracting Par
ties should signify its Wish TO terminate il, and
longer; And whereas it is 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 Requistion 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 oil Murder, 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 .4meriea, who shall be found within the
Territories Of Her Majesty, it shall be lawful for
One Of Her Majesys Principal Secretaries of State,
or in Ireland for the Chief Secretary of the Lord
Lieutenant of Ireland, and in any of Her Majesty's
Colonies Possessions abroad for the Officer admin
isterng the Government of any such Colony or Pos
nifty that such Requiston has been so made, and TO
require all Justices of the Peace and other Magistrates
and Officers OF Justice within their several Jurisdic
tons 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 TO 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 Grimes
against the Laws Of that Part Of Her Majesty's Do
minioDs 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 Appre-
henson and Commtta for Trial of the Person
cused II 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 hay-
ing Power TO commit as aforesaid, 10 issue his War
rant for the Apprehension Of such Person, and also
10 commit the Person accused TO Gaol, there 10
main until delivered pursuant to such Requisition as
aforesaid.
III. Provided always, and be il enacted, That in
every such Case Copies of the Dispositions upon which
the original Warrant was granted, certified under the
Hand of the Person Persons issuing such Warrant
and attested upon the Oath Of the Party producing
them to be true Copies Of the original Dispositions
may be received in Evidence of the Criminality of
the Person so apprehcnded.
Ill. And be it enacted, That upon the Certificate
OF such Justice Of the Peace other Person having
Offender has been committed TO Gaol il shall be
lawful for One Of Her Msjesiy's Principal Secreta-
res Of State In Ireland for the Chief Secretary Of
the Brrd Lieutenant Of Ireland, and in any Of Her
Majestys Colonies or Possessions abroad for the
Officer administering the Government Of any such
Colony Possession, by Warrant under his II and and
Seal 10 order the Person committed to be deliver
ed TO such Person Persons shall be authorized
IN the Name Of the said United States TO receive the
Person committed, and to convey such Person to
th. IF he. 81 II -.
for the Crime Of which such Person shall be so ac-
cused and such Person shall be delivered up accord
ngly and II shall be lawful for the Person or Persons
authorized as aforesaid TO hold such Person IN CustO
dy, and take him or her TO the Territories Of the said
United States pursuant TO the said Treaty and f
the Person accused shall escape out Of any Custo.
dy TO which he she shall be committed, or TO which
he she shall be delivered aforesaid 1t shall be
lawful TO retake such Person in the same Manner az
any Person accused Of any Crime against the Laws
OF that Part Of Her Majesty's Dominions to which
he or she shall so escape may be retaken upon an
Escape.
Nv. And be II enacted, That where any Person who
shall have been committed under this Act, to remain
until delivered up pursuant to Requisition sfore-
said, shall not be delivered up pursuant thereto and
conveyed out Of Her Msjesty's Domnions within
Two Calendar Months after such Committal, over
and above the Time actually required 10 convey the
Prisoner from the Gaol to which he or she was com
mited by the readest Way out Of Her Maiesty's
Dominons, It shall in every such Case be lawful Tor
any OF Her Msjestys Judges in that Part Of Her
Maes,y's Dominiohs 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
mnted, and upon Proof made to him or them that
reasonable Notice Of the Intention to make such An
plication has been given to some One Of Her Ma
Jes Principal Secretsrie. Of State or in Ireland 10
the Chief Secretary Of the Lord Lieutenant Of Ire
land and IN any Of Her Majestys Colonies or Posses
sions abroad for the Officer administering the Co
r
the Person committed TO be discharged out Of Gus.
tody unless sufficient Cause shall be shown to such
Judge or Judges why such Discharge ought not be
ordered
" And be II enacted, That IL by any Law or Or
dlnance 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 or Possession the Objects Of this pre-