of conviction, may, if duly authenticated, be received in evidence 33 & 34 Viet. in proceedings under this Act (u). c. 52. warrants. 15. Foreign warrants and depositions or statements on oath, Authentication of and copies thereof, and certificates of or judicial documents depositions and stating the fact of a conviction, shall be deemed duly authenti- 29 & 30 Vict. cated for the purposes of this Act if authenticated in manner c. 121. provided for the time being by law or authenticated as follows: (1.) If the warrant purports to be signed by a judge, magistrate, or officer of the foreign state where the same was issued ; (2.) If the depositions or statements or the copies thereof purport to be certified under the hand of a judge, magistrate, or officer of the foreign state where the same were taken to be the original depositions or statements, or to be true copies thereof, as the case may require; and (3.) If the certificate of or judicial document stating the fact of conviction purports to be certified by a judge, magistrate, or officer of the foreign state where the conviction took place; and if in every case the warrants, depositions, statements, copies, certificates, and judicial documents (as the case may be) are anthenticated by the oath of some witness or by being sealed with the official seal of the minister of justice, or some other minister of state: And all courts of justice, justices, and magistrates shall take judicial notice of such official seal, and shall admit the documents so authenticated by it to be received in evidence without further proof. 16. Where the crime in respect of which the surrender of a Crimes at sea. fugitive criminal is sought was committed on board any vessel Jurisdiction as to on the high seas which comes into any port of the United crimes committed Kingdom, the following provisions shall have effect: ... 1. This Act shall be construed as if any stipendiary magistrate.. were substituted for the police magistrate throughout this Act, except the part relating to the execution of the warrant of the police magistrate (x): (u) Although not taken in the presence of the accused, nor upon the investigation of the particular charge (Re Counhaye, 28 L. T. N. S. 761; 42 L. J. Q. B. 217; 38 J. P. 39). In this case Blackburn, J., said, "I wish to guard myself from being supposed to lay down that a magistrate should accept as indisputable all that is deposed against a person in his absence or upon a charge against another person. Such a deposition he should take, of course, with qualification, although he cannot refuse to admit it. Nor do I think that the magistrate should concern himself with matters of procedure required by a treaty and not by the statute." (x) The jurisdiction conferred by this section on a stipendiary magistrate is to be in addition to, and not in derogation or exclusion of, the jurisdiction of the police magistrate (36 & 37 Vict. c. 60, s. 6). at sea. 33 & 34 Vict. c. 52. General provisions. Criminal surrendered by 2. The criminal may be committed to any prison to which the person committing him has power to commit persons accused of the like crime: 3. If the fugitive criminal is apprehended on a warrant issued without the order of a Secretary of State, he shall be brought before the stipendiary magistrate,. . . . who issued the warrant, or who has jurisdiction in the port where the vessel lies, or in the place nearest to that port. 17, 18. [Fugitive criminals in British possessions.] 19. Where, in pursuance of any arrangement with a foreign state, any person accused or convicted of any crime which, if committed in England, would be one of the crimes described in the first schedule to this Act is surrendered by that foreign foreign state not state, such person shall not, until he has been restored or had an opportunity of returning to such foreign state, be triable or tried for any offence committed prior to the surrender in any part of Her Majesty's dominions other than such of the said crimes as may be proved by the facts on which the surrender is grounded. triable for pre vious crime. As to use of forms in second schedule. Revocation, &c., of Order in Council. Power of foreign state to obtain evidence in 20. The forms set forth in the second schedule to this Act, or forms as near thereto as circumstances admit, may be used in all matters to which such forms refer, 21. [Her Majesty may, by Order in Council, revoke or alter, subject to the restrictions of this Act, any Order in Council made in pursuance of this Act.] 22, 23. [This Act shall apply to the Channel Isles.—Indian treaties.] 24. The testimony of any witness may be obtained in relation to any criminal matter pending in any court or tribunal in United Kingdom. a foreign state in like manner as it may be obtained in relation to any civil matter under the "Act to provide for taking evidence in Her Majesty's dominions in relation to civil and commercial matters pending before foreign tribunals" [19 & 20 Vict. c. 113]; and all the provisions of that Act shall be construed as if the term civil matter included a criminal matter, and the term cause included a proceeding against a criminal: Provided that nothing in this section shall apply in the case of any criminal matter of a political character. Foreign state includes dependencies. Definition of terms. 25. For the purposes of this Act, every colony, dependency, and constituent part of a foreign state, and every vessel of that state, shall (except where expressly mentioned as distinct in this Act) be deemed to be within the jurisdiction of and to be part of such foreign state. 26. In this Act, unless the context otherwise requires,- island, territory, or settlement within Her Majesty's c. 52. dominions, and not within the United Kingdom, the 33 & 34 Vict. The term "extradition crime" means a crime which, if com- "Extradition mitted in England or within English jurisdiction, would crime:" be one of the crimes described in the first schedule to this Act: The terms "conviction" and "convicted" do not include or "Conviction:" refer to a conviction which under foreign law is a conviction for contumacy, but the term "accused person includes a person so convicted for contumacy (y): criminal:" The term "fugitive criminal" means any person accused or "Fugitive convicted of an extradition crime committed within the jurisdiction of any foreign state who is in or is suspected criminal of a of being in some part of Her Majesty's dominions; and “Fugitive state: The term "Secretary of State" means one of Her Majesty's "Secretary of principal Secretaries of State: State:" The term "police magistrate" means a chief magistrate of the "Police metropolitan police courts, or one of the other magistrates of the metropolitan police court in Bow Street: magistrate:" The term "warrant," in the case of any foreign state, includes "Warrant." any judicial document authorising the arrest of a person accused or convicted of crime. third schedule. 27. [Repeal of 6 & 7 Vict. c. 75; 6 & 7 Vict. c. 76; 8 & 9 Repeal of Acts in Vict. c. 120; 25 & 26 Vict. c. 70; 29 & 30 Vict. c. 121. This Act shall apply to treaties under those Acts in the same manner as if an Order in Council referring to such treaties had been made in pursuance of this Act (z).] 66 (y) This, doubtless, is inserted in consequence of the decision in Ex parte Dubois, alias Coppin, 36 L. J. M. C. 10; 15 L. T. N. S. 165. By the law of France a person who is condemned and sentenced "" par contumace in his absence, loses all the rights of a citizen and becomes a rebel to the law, and his property is sequestrated; but if afterwards he is arrested, or surrenders himself, the judgment is annulled, and he undergoes his trial for the offence with which he is charged; and Lord Chelmsford, L.C., held that a person so condemned had not ceased to be accused within the meaning of the 6 & 7 Vict. c. 75. (z) "I rather hesitate to express a decided opinion as to the construction to be put upon this section, although I plainly see what was the intention of the legislature-that is to say, it was intended, while getting rid of the statutes by which the treaties were confirmed, to save the existing treaties in their full integrity and force. This has been probably effected, but is 33 & 34 Vict. c. 52. SCHEDULES. FIRST SCHEDULE. The following list of crimes is to be construed according to the law existing in England, or in a British possession, (as the case may be,) at the date of the alleged crime, whether by common law or by statute made before or after the passing of this Act: Murder, and attempt and conspiracy to murder. Manslaughter. Counterfeiting and altering money and uttering counterfeit or altered money. Forgery, counterfeiting, and altering, and uttering what is forged or counterfeited or altered. Embezzlement and larceny. Obtaining money or goods by false pretences. Crimes by bankrupts against bankruptcy law. Fraud by a bailee, banker, agent, factor, trustee, or director, or member, or public officer of any company made criminal by any Act for the time being in force. Rape. Abduction. Child stealing. Burglary and housebreaking. Arson. Robbery with violence. Threats by letter or otherwise with intent to extort. Piracy by law of nations (). Sinking or destroying a vessel at sea, or attempting or conspiring to do so. Assaults on board a ship on the high seas with intent to destroy life, or to do grievous bodily harm. Revolt or conspiracy to revolt by two or more persons on board a ship on the high seas against the authority of the master. A schedule to the 36 & 37 Vict. c. 60, contains the following list of crimes which is to be construed as if it were in the first schedule to the Act of 1870 and according to the law existing in England or in a British possession (as the case may be) at the date of the alleged crime, whether by common law or by statute made before or after the passing of the Act: Kidnapping and false imprisonment.-Perjury, and subornation of perjury, whether under common or statute law.-Any indictable offence under the Criminal Law Consolidation Acts, 24 & 25 Vict. cc. 96, 97, 98, 99, 100, or any Acts amending or substituted for the same which is not included in the first schedule to the Act of 1870. Any indictable offence under the laws for the time being in force in relation to Bankruptcy, which is not included in the first schedule to the Act of 1870. certainly not very clearly expressed. Nothing would have been more simple than to enact that, although it was expedient to repeal the statutes, yet that the treaties should have full force and effect; instead of which this obscure and complicated language has been adopted. If it were necessary in the present case to decide that point, I should have been prepared to do so, and to declare that the object had been accomplished, though at the same time I should be disposed to advise the Government to make the matter safe by amending the Act, in case any question should hereafter arise upon it." Cockburn, L.C.J., in Ex parte Bouvier, 12 Cox, C. C. 303; 27 L. T. N. S. 844. In the same case Blackburn, J., said that he had very serious doubts whether the legislature had effected what was intended. (a) Accessories before or after the fact are liable as if accused of the crime itself (36 & 37 Vict. c. 60, s. 3). Slave Trade offences are to be deemed inserted in this schedule, and any Act amending the same (36 & 37 Vict. c. 88, s. 27). (b) Till the passing of this Act the word "piracy was held not to mean piracy jure gentium, but a crime made such by the municipal law of one alone of the parties to the treaty, and over which each had exclusive jurisdiction (R. v. Tinan, 10 L. T. N. S. 499; 5 B. & S. 645; S. C. Re Ternan, 33 L. J. M. C. 201; 28 J. P. 548; 11 Jur. N. S. 34). 36 & 37 VICT. c. 60. 1-4. [Amendment of 33 & 34 Vict. c. 52.] 36 & 37 Vict. c. 60. evidence in criminal matters. 5. A Secretary of State may, by order under his hand and seal, Power of taking require a police magistrate or a justice of the peace to take evi- United Kingdom dence for the purposes of any criminal matter pending in any for foreign Court or tribunal in any foreign state; and the police magistrate or justice of the peace, upon the receipt of such order, shall take the evidence of every witness appearing before him for the purpose in like manner as if such witness appeared on a charge against some defendant for an indictable offence, and shall certify at the foot of the depositions so taken that such evidence was taken before him, and shall transmit the same to the Secretary of State; such evidence may be taken in the presence or absence of the person charged, if any, and the fact of such presence or absence shall be stated in such deposition. Any person may, after payment or tender to him of a reasonable sum for his costs and expenses in this behalf, be compelled, for the purposes of this section, to attend and give evidence and answer questions and produce documents, in like manner and subject to the like conditions as he may in the case of a charge preferred for an indictable offence. Every person who wilfully gives false evidence before a police magistrate or justice under this section shall be guilty of Perjury (b). Nothing in this section shall apply in the case of any criminal matter of a political character. Factories. I. Cotton Mills (42 Geo. 3, c. 73).—II. Cotton, Hemp, Silk, &c. (3 & 4 Will. 4, c. 103; 7 & 8 Vict. c. 15; 19 & 20 Vict. c. 38; 37 & 38 Vict. c. 44).-III. Earthenware, Matches, &c., Paperstaining, Fustian (27 & 28 Vict. c. 48).-IV. Metals, India-rubber, Paper, Glass, Tobacco, &c. (30 & 31 Vict. c. 103; 34 Vict. c. 19).-V. Workshops (30 & 31 Vict. c. 146).-VI. Bleaching and Dyeing Works (33 & 34 Vict. c. 62).-VII. Fruit and Fish Preserves (Id. s. 6 and sched., and 34 & 35 Vict. c. 104). 42 GEO. 3, c. 73. 1. [Cotton and woollen mills employing 3 apprentices or 20 other persons shall be subject to this Act.] I. Cotton Mills. 2. [Every room belonging to such mill or factory shall be Limewashing. washed with quick lime over the walls and ceiling twice a year; and have through it a proper supply of fresh air (c).] (b) Triable at Assizes. Bail Discretionary. Costs allowed. (e) The penalty on the master or mistress for offences against this Act is not exc. £5, nor less than 40s. (s. 13). Procedure, see note (e), infra. |