See also:

• EXTRADITION (Lat. cx, out, and traditio, handing over)

EXTRADITION (See also:

• LAT

Lat. cx, out, and traditio, handing over)  , the surrender of an alleged criminal for trial by a See also:

• FOREIGN

foreign See also:

• STATE
• STATE, GREAT OFFICERS OF

state where he has taken See also:

• REFUGE

refuge, to the state against which the alleged offence has been committed . When a See also:

• PERSON, OFFENCES AGAINST THE

person who has committed an offence in one See also:

• COUNTRY (from the Mid. Eng. contre or contrie, and O. Fr. cuntree; Late Lat. contrata, showing the derivation from contra, opposite, over against, thus the tract of land which fronts the sight, cf. Ger. Gegend, neighbourhood)

country escapes to another, what is the See also:

• DUTY (from " due," that which is owing, O. Fr. deu, dil, past participle of devoir; Lat. debere, debitum; cf. " debt ")

duty of the latter with regard to him ? Should the country of refuge try him in its own courts according to its own See also:

• LAWS

laws, or deliver him up to the country whose laws he has broken ? To the See also:

• GENERAL
• GENERAL (Lat. generalis, of or relating to a genus, kind or class)

general question See also:

• INTERNATIONAL, THE

international See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

law gives no certain See also:

• ANSWER (derived from and, against, and the same root as swear)

answer . Some jurists, See also:

• GROTIUS, HUGO (1583-1645)

Grotius among them, incline to hold that a state is See also:

• BOUND, or BOUNDARY (from O. Fr. bonde, Med. Lat. bodena or butina, a frontier line)

bound to give up fugitive criminals, but the See also:

• MAJORITY (Fr. majorite; Med. Lat. majoritas; Lat. major, greater)

majority appear to deny the See also:

• OBLIGATION

obligation as a See also:

• MATTER

matter of right, and prefer to put it on the ground of See also:

• COMITY (from the Lat. comitas, courtesy, from antis, friendly, courteous)

comity . And the universal practice of nations is to surrender criminals only in consequence of some See also:

• SPECIAL

special treaty with the country which demands them . There are two See also:

• PRACTICAL

practical difficulties about See also:

• EXTRADITION (Lat. cx, out, and traditio, handing over)

extradition which87 have probably prevented the growth of any See also:

• UNIFORM

uniform See also:

• RULE

rule on the subject . One is the variation in the See also:

• DEFINITIONS

definitions of See also:

• CRIME (Lat. crimen, accusation)

crime adopted by different countries . The second is the possibility of the See also:

• PROCESS

process of extradition being employed to get hold of a person who is wanted by his country, not really for a criminal, but for a See also:

• POLITICAL

political offence . In See also:

• MODERN

modern states, and more particularly in See also:

• ENGLAND
• ENGLAND, THE CHURCH OF

England, offences of a political See also:

• CHARACTER (Gr. xapareri7p, from xap&crew, to scratch)

character have always been carefully excluded from the operation of the law of extradition . I . See also:

• UNITED

UNITED See also:

• KINGDOM

KINGDOM.—The Extradition Acts 1870—1873 (33 & 34 Vict. cc .

62, and 36 & 37 Vict . C . 6o) and the Fugitive Offenders See also:

• ACT (Lat. actus, actum)

Act 1881 (44 & 45 Vict . C . 69) See also:

• DEAL

deal with different branches of the same subject, the recovery and surrender of fugitive criminals . The Extradition Acts apply in the See also:

• CASE
• CASE, JOHN (d. 1600)

case of countries with which See also:

• GREAT

Great See also:

• BRITAIN (Gr. Hperavuml vi7vot, Bperravia; Lat. Britannia, rarely Britannia)

Britain has extradition See also:

• TREATIES

treaties . The Fugitive Offenders Act applies—(r) as between the United Kingdom and any See also:

• BRITISH

British See also:

• POSSESSION
• POSSESSION (Lat. possessio, possidere, to possess)

possession, (2) as between any two British possessions, and (3) as between the United Kingdom or a British possession and certain foreign countries, such as See also:

• TURKEY

Turkey and See also:

• CHINA

China, in which the See also:

• CROWN

crown exercises foreign See also:

• JURISDICTION
• JURISDICTION, CRIMINAL LAW, DIVORCE

jurisdiction . Conditions of Surrender.—In spite of some earlier authorities it has See also:

• LONG, GEORGE (1800-1879)
• LONG, JOHN DAVIS (1838– )

long been settled that in See also:

• ENGLISH

English law there is no See also:

• POWER [WILLIAM GRATTAN] TYRONE (1797-1841)

power to surrender fugitive criminals to a foreign country without See also:

• EXPRESS (through the French from the past participle of the Lat. exprimere, to press out, by transference used of representing objects in painting or sculpture, or of thoughts, &c. in words)

express statutory authority . Such authority is now given by the Extradition Acts 1870—1873, but only in the case of the offences therein specified, and with regard to countries with which an arrangement has been entered into, and to which the acts have been applied by See also:

• ORDER
• ORDER (through Fr. ordre, for earlier ordene, from Lat. ordo, ordinis, rank, service, arrangement; the ultimate source is generally taken to be the root seen in Lat. oriri, rise, arise, begin; cf. " origin ")
• ORDER, HOLY

order in See also:

• COUNCIL (Lat. concilium, from cum, together, and the root cal, to call)

council . The acts are further to be applied, subject to such " conditions, exceptions and qualifications as may be deemed expedient" (s . 2); and these conditions, &c., are invariably to be found in the extradition treaty which is set out in the order in council applying the Extradition Acts to a particular country . To support a demand for extradition from Great Britain it is therefore necessary to show that the offence is one of those enumerated in the Extradition Acts, and also in the particular treaty, and that the acts charged amount to the offence according to the laws both of Great Britain and of the state demanding the surrender .

Surrender of Subjects.—A further question arises where a state is called on to surrender one of its own subjects . Some of the treaties, such as those with See also:

• FRANCE
• FRANCE, ANATOLE (1844– )

France and See also:

• GERMANY
• GERMANY (Ger. Deutschland)

Germany, stipulate that neither contracting party shall surrender its own subjects, and in such cases a British subject cannot be surrendered by his own country . The treaties with See also:

• SPAIN
• SPAIN (Espana)

Spain, See also:

• SWITZERLAND

Switzerland and See also:

• LUXEMBURG
• LUXEMBURG, FRANCOIS HENRI DE MONTMORENCYBOUTEVILLE, DUKE

Luxemburg provide for the surrender by Great Britain of her own subjects, but there is no See also:

• RECIPROCITY (Lat. reciprocus, returning back the same way, alternating, probably from re back and pro forward)

reciprocity . Other treaties, such as those with See also:

• AUSTRIA
• AUSTRIA, LOWER (Ger. Niederosterreich or Osterreich unter der Enns, " Austria below the river Enns ")
• AUSTRIA, UPPER (Ger. Oberosterreich or Osterreich ob der Enns, " Austria above the river Enns ")

Austria, See also:

• BELGIUM
• BELGIUM (Fr. Belgique; Flem. Belgic)

Belgium, See also:

• RUSSIA
• RUSSIA (Rossiya)

Russia and the See also:

• NETHERLANDS

Netherlands, give each party the See also:

• OPTION (Lat. optio, choice, choosing, optare, to choose)

option of surrendering or refusing to surrender its own subjects in each particular case . Under such treaties British subjects are surrendered unless the secretary of state intervenes to forbid it . Lastly, some treaties, such as that with the United States, contain no restriction of this See also:

• KIND (O. E. ge-cynde, from the same root as is seen in " kin," supra)

kind, and the subjects of each power are freely surrendered to the other . Surrender by Great Britain is also subject to the following restrictions contained in s . 3 of the Extradition Act 1870: (1) that the offence is not of a political character, and the requisition has not been made with a view to try and punish for an offence of a political character; (2) that the prisoner shall not be liable to be tried for any but the specified extradition offences; (3) that he shall not be surrendered until he has been tried and served his See also:

• SENTENCE (Lat. sententia, a way of thinking, opinion, judgment; vote, sentire, to feel, think)

sentence for offences committed in Great Britain; and (4) that he shall not be actually given up until fifteen days after his committal for extradition, so as to allow of an application to the courts . Political Offences . —The question as to what constitutes a political offence is one of some nicety . It was discussed in In re Castioni (189o, 1 Q.B . 149), where it was held, following the See also:

• OPINION (Lat. opinio, from opinari, to think)

opinion of Mr See also:

• JUSTICE (Lat. justitia)

Justice See also:

• STEPHEN
• STEPHEN (1097?-1154)
• STEPHEN (ISTVAN) BATHORY (1533-1586)
• STEPHEN, SIR JAMES (1789-1859)
• STEPHEN, SIR JAMES FITZJAMES, BART
• STEPHEN, SIR LESLIE (1832-1904)

Stephen in his See also:

• HISTORY

History of the Criminal Law, that to give an offence a political character it must be " incidental to and See also:

• FORM (Lat. forma)

form See also:

• PART

part of political disturbances." Extradition was accordingly refused for See also:

• HOMICIDE (Lat. homicidium)

homicide committed in the course of an armed rising against the constituted authorities .

In the more See also:

• RECENT

recent case of In re See also:

• MEUNIER, CONSTANTIN (1831-1905)

Meunier (1894, 2 Q.B . 415), an Anarchist was charged with causing two explosions in See also:

• PARIS
• PARIS (also called ALEXANDROS)
• PARIS, ALEXIS PAULIN (1800-x881)
• PARIS, BRUNO PAULIN GASTON (1839-1903)
• PARIS, FRANCOIS DE (169o-1727)
• PARIS, LOUIS PHILIPPE ALBERT
• PARIS, TREATIES OF (1814-1815)

Paris—one at the Cafe Very resulting in the See also:

• DEATH

death of two persons, and the other at certain See also:

• BARRACKS (derived through the French from the Late Lat. barra, a bar)
• BARRACKS, CAMP

barracks . It was not contended that the See also:

• OUTRAGE (through O. Fr. ultrage, oltrage, oultrage, from Lat. ultra, beyond, exceeding, cf. Ital. oltraggio; the meaning has been influenced by connexion with " rage," anger)

outrage at the cafe was a political crime, but it, was argued that the See also:

• EXPLOSION

explosion at the barracks came within the description . The See also:

• COURT
• COURT (from the O. Fr. court, Late Lat. cortis, curtis, a popular form of class. Lat. cohors, gen. cohortis; the mod. Fr. form tour is due to the influence of the Lat. curia, the word used in medieval documents to translate " court " in the feudal sense)
• COURT, ANTOINE (1696-176o)

court, however, held that to constitute a political offence there must be two or more parties in the state, each seeking to impose a See also:

• GOVERNMENT
• GOVERNMENT (0. Fr. governement, mod. gouvernement, O. Fr. governer, mod. gouverner, from Lat. gubernare, to steer a ship, guide, rule; cf. Gr. xv(3epvav)

government of its own choice on the other, which was not the case with regard to Anarchist crimes, The party of anarchy was the enemy of all governments, and its effects were directed primarily against the general See also:

• BODY

body of citizens . The test applied in the earlier case is perhaps the more satisfactory of the two . With regard to the See also:

• PROVISION (Lat. provisio)

provision that surrender shall not be granted if the requisition has in fact been made with a view to try and punish for an offence of a political character, it was decided in the case of Afton (1896, 1 Q.B . 1o8) that a See also:

• MERE
• MERE, ADALBERT (1838-1909)

mere See also:

• SUGGESTION

suggestion, that after his surrender for a non-political crime, the prisoner would be interrogated on political matters (his alleged complicity in the See also:

• PANAMA

Panama See also:

• SCANDAL

scandal), and punished for his refusal to answer, was not enough to bring him within the provision . The court also held that it had no jurisdiction to entertain a suggestion that the See also:

• REQUEST, LETTERS OF

request of the See also:

• FRENCH
• FRENCH, DANIEL CHESTER (1850– )
• FRENCH, NICHOLAS (1604-1678)

French government for his extradition was not made in See also:

• GOOD, JOHN MASON (1764-1827)

good faith and in the interests of justice . Extradition Offences.—The following is a See also:

• LIST (O.E. lisle, a Teutonic word, cf. Dut. lust, Ger. Leiste, adapted in Ital. lista and Fr. lisle)
• LIST, FRIEDRICH (1789-1846)

list of crimes in respect of which extradition may be provided for under the Extradition Acts 1870-1873, and the Slave See also:

• TRADE (O. Eng. trod, footstep, from tredan, to tread; in M. Eng. the forms teed, trod and trade appear, the last in the sense of a beaten track)
• TRADE, BOARD OF

Trade Act 1873 . Extradition Act 1870:—(I) See also:

• MURDER

Murder; (2) See also:

• ATTEMPT (Lat. adtemptare, attentare, to try)

Attempt to murder; (3) See also:

• CONSPIRACY (from Lat. conspirare, literally to breathe together, to agree, combine, and especially to form a secret plot)

Conspiracy to murder; (4) See also:

• MANSLAUGHTER (0. Eng., mannslaeht, from mann, man, and slaeht, act of slaying, sledn, to slay, properly to smite; cf. Ger. schlagen, Schlacht, battle)

Manslaughter; (5) See also:

• COUNTERFEITING (from Lat. contra-facere, to make in opposition or contrast)

Counterfeiting and altering See also:

• MONEY

money, uttering counterfeit or altered money; (6) See also:

• FORGERY (derived through the French from Latin fabricare, to construct)

Forgery, counterfeiting, and altering and uttering what is forged or counterfeited or • altered; (7) See also:

• EMBEZZLEMENT (A.-Fr. embesilement, from beseler or besillier, to destroy)

Embezzlement and See also:

• LARCENY (an adaptation of Fr. larcin, O. Fr. larrecin, from Lat. latrocinium, theft, latio, robber)

larceny; (8) Obtaining money or goods by false pretences; (9) Crimes by bankrupts against See also:

• BANKRUPTCY (from Lat. bancus or Fr. banquet table or counter, and Lat. ruptus, broken)

bankruptcy law; (to) See also:

• FRAUD (Lat. fraus, deceit)

Fraud by a bailee, banker, See also:

• AGENT (from Lat. agere, to act)

agent, See also:

• FACTOR (from Lat. facere, to make or do)

factor, trustee or director, or member or public officer of any See also:

• COMPANY

company made criminal by any law for the See also:

• TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
• TIME, MEASUREMENT OF
• TIME, STANDARD

time being in force; (11) See also:

• RAPE
• RAPE (from Lat. rapere, to seize)
• RAPE (Lat. rapum or rapa, turnip)

Rape; (12) See also:

• ABDUCTION (Lat. abductio, abducere, to lead away)

Abduction; (13) See also:

• CHILD
• CHILD, FRANCIS JAMES (1825-1896)
• CHILD, L
• CHILD, LYDIA MARIA (1802-1880)
• CHILD, SIR FRANCIS (1642-1713)
• CHILD, SIR JOHN (d. 1690)
• CHILD, SIR JOSIAH (163o - 1699)

Child-stealing; (i4) See also:

• BURGLARY (burgi latrocinium; in ancient English law, hamesucken2)

Burglary and housebreaking; (r5) See also:

• ARSON (from Lat. ardere, to burn)

Arson; (16) See also:

• ROBBERY (from O. Fr. rober, to steal)

Robbery with violence; (17) Threats by See also:

• LETTER (through Fr. lettre from Lat. littera or litera, letter of the alphabet; the origin of the Latin word is obscure; it has probably no connexion with the root of linere, to smear, i.e. with wax, for an inscription with a stilus)

letter or otherwise with See also:

• INTENT (from Lat. intend ere, to stretch out, extend, particularly in the phrase intendere animum, to turn one's mind to, purpose)

intent to extort; (18) Crimes committed at See also:

• SEA (in O. Eng. sae, a common Teutonic word; cf. Ger. See, Dutch Zee, &c.; the ultimate source is uncertain)
• SEA, COMMAND OF THE

sea: (a) Piracy by the law of nations; (b) Sinking or destroying a See also:

• VESSEL (O. Fr. vaissel, from a rare Lat. vascellum, dim. of vas, vase, urn)

vessel at sea, or attempting or conspiring to do so; (c) See also:

• ASSAULT (from Lat. ad, to or on, and saltare, to leap)

Assault on a See also:

• SHIP

ship on the high seas, with intent to destroy See also:

• LIFE

life or to do grievous bodily harm; (d) Revolt, or conspiring to revolt, by two or more persons on See also:

• BOARD (O. Eng. bord)

board a ship on the high seas against the authority of the See also:

• MASTER (Lat. magister, related to tnagis, more, as the corresponding minister is to minus, less; the English form is due partly to the O. Eng. maegister, and partly to O. Fr. maistre, mod. maitre; cf. Du. meester, Ger. Meister, Ital. maestro)

master; (19) See also:

• BRIBERY (from the O. Fr. briberie, begging or vagrancy, bribe, Mid. Lat. briba, signifying a piece of bread given to beggars; the Eng. " bribe " has passed through the meanings of alms, blackmail and extortion, to gifts received or given in order to influ

Bribery . Extradition Act 1873:—(2o) See also:

• KIDNAPPING (from kid, a slang term for a child, and nap or nab, to steal)

Kidnapping and false imprisonment; (21) See also:

• PERJURY (through the Anglo-Fr. perjurie, modern parjure, Lat. perjurium, a false oath, perjurare, to swear falsely)

Perjury and subornation of perjury . This act also extends to indictable offences under 24 & 25 Vict. cc .

96, 97, 98, 99, zoo, and amending and substituted acts . Among such offences included in various extradition treaties are the following:—(22) Obtaining valuable securities by false pretences; (23) Receiving any money, valuable See also:

• SECURITY (Lat. securus, free from care, safe)

security or other See also:

• PROPERTY

property, knowing the same to have been stolen or unlawfully obtained; (24) Falsification of accounts (see In re See also:

• ARLON

Arlon, 1896, r Q.B . 509); (25) Malicious injury to property, if such offence be indictable;, (26) Knowingly making, without lawful authority, any See also:

• INSTRUMENT (Lat. instrumentum, from insincere, to build up, furnish, arrange, prepare)

instrument, See also:

• TOOL (0. Eng. tdl, generally referred to a root seen in the Goth. taujan, to make, or in the English word " taw," to work or dress leather)

tool or See also:

• ENGINE
• ENGINE (Lat. ingenium)

engine adapted and intended for the counterfeiting of See also:

• COIN
• COIN (older forms of the word are coyne, quoin and coign, all derived through the O. Fr. coing, and cuigne from Lat. cuneus, a wedge)

coin of the See also:

• REALM

realm; (27) Abandoning See also:

• CHILDREN, LAW RELATING TO

children; exppsing or unlawfully detaining them; (28) Any malicious act done with intent• to endanger the safety of any person in a railway See also:

• TRAIN (M. Eng. trayn or trayne, derived through Fr. from Late Lat. trahinare, to drag, draw, Lat. trahere, cf. trail, trace, ultimately from the same source)

train; (29) Wounding or inflicting grievous bodily harm; (30) Assault occasioning actual bodily harm; (31) Assaulting a See also:

• MAGISTRATE (Lat. magistratus, from magister, master, properly a public office, hence the person holding such an office)

magistrate or See also:

• PEACE
• PEACE, BREACH OF THE

peace or public officer; (32) Indecent assault; (33) Unlawful carnal knowledge, or any attempt to have unlawful carnal knowledge, of a girl under See also:

• AGE (Fr. age, through late Lat. aetaticum, from aetas)

age; (34) See also:

• BIGAMY (from Lat. bis, twice, and Gr. ya,uor, marriage)

Bigamy; (35) Administering drugs or using See also:

• INSTRUMENTS

instruments with intent to procure the See also:

• MISCARRIAGE

miscarriage of See also:

• WOMEN

women; (36) Any indictable offence under the laws for the time being in force in relation to bankruptcy . Slave Trade Act 18;3 (36 & 37 Viet . c . 88, s . 27):—(37) Dealing in slaves in such manner as to constitute a criminal offence against the laws of both See also:

• DATES

dates . The United Kingdom has extradition treaties with practically all civilized foreign countries; and . though it is nor. practicable to state which of the statutory extradition offences are included in each, it may be said generally that crimes r to 17 inclusive are covered in all, though See also:

• RUMANIA
• RUMANIA, or ROUMANIA [Romdnia]

Rumania has reserved the right to refuse, and See also:

• PORTUGAL

Portugal does refuse, to surrender for a crime punish-able with death, The act of 1873 provides for the surrender of accessories before and after the fact to extradition crimes, and most of the treaties contain a clause by which extradition is to be granted for participation in any of the crimes specified in the treaty, provided that such participation is punishable by the laws of both countries . Several of the treaties also contain clauses, providing for optional surrender in respect of any crime not expressly mentioned for which extradition can be granted by the laws of both countries .. It is further to be noted that the restrictions on surrender in the Extradition Acts apply only to surrenders by Great Britain . Foreign countries may surrender fugitives to Great Britain without any treaty, if they are willing to do so and their law allows of it, and such surrenders have not infrequently been made . But when surrendered for an extradition crime, the prisoner cannot be tried in England for any other crime committed before such surrender, until he has been restored, or has had an opportunity of ,returning, to the foreign state from which he was extradited .

See also:

• PROCEDURE (Fr. procedure, from Lat. procedere, to go for-ward)

Procedure.—To obtain from a foreign country the extradition of, a fugitive from the United Kingdom, it is necessary to procure a See also:

• WARRANT (Med. Lat. warantum; O. Fr. garant, warant, derived from O.H.G. root represented in modern German bygewdhren)

warrant for his See also:

• ARREST (Fr. arrester, arreeter, to stop or stay)

arrest, and to send it, or a certified copy, to the See also:

• HOME
• HOME, DANIEL DUNGLAS (1833-1886)
• HOME, EARLS OF

home secretary together with such further See also:

• EVIDENCE (Lat. evidentia, evideri, to appear clearly)

evidence as is required by the treaty with the country in question . In most cases an See also:

• INFORMATION (from Lat. informare, to give shape or form to, to represent, describe)

information or deposition containing evidence which would justify a committal for trial in Great Britain will be required . The home secretary will then communicate through the foreign secretary and the proper See also:

• DIPLOMATIC

diplomatic channels with the foreign authorities, and in case of urgency will ask them by See also:

• TELEGRAPH (Gr. Tike, far, and rypaq5eiv, to write)

telegraph for a provisional arrest . For the arrest in the United Kingdom of fugitive criminals whose extradition is requested by a foreign state, two procedures are provided in ss . 7 and 8 of the act of 187o:--(1) On a diplomatic requisition supported by the warrant of arrest and documentary evidence, the home secretary, if he thinks the crime is not of a political character, will order the See also:

• CHIEF (from Fr. chef, head, Lat. caput)

chief magistrate at See also:

• BOW (pronounced " bo ")

Bow See also:

• STREET
• STREET, GEORGE EDMUND (1824-1881)

Street to proceed; and such magistrate will then issue a warrant of arrest on such evidence as would be required if the offence had been committed in the United See also:

• KING
• KING (O. Eng. cyning, abbreviated into cyng, cing; cf. O. H. G. chun- kuning, chun- kunig, M.H.G. kiinic, kiinec, kiinc, Mod. Ger. Konig, O. Norse konungr, kongr, Swed. konung, kung)
• KING [OF OCKHAM], PETER KING, 1ST BARON (1669-1734)
• KING, CHARLES WILLIAM (1818-1888)
• KING, CLARENCE (1842–1901)
• KING, EDWARD (1612–1637)
• KING, EDWARD (1829–1910)
• KING, HENRY (1591-1669)
• KING, RUFUS (1755–1827)
• KING, THOMAS (1730–1805)
• KING, WILLIAM (1650-1729)
• KING, WILLIAM (1663–1712)

King-dom . (2) More summarily, any magistrate or justice of the peace may issue a provisional warrant of arrest on evidence which would support such a warrant if the crime had been committed within his jurisdiction . In practice a sworn information is required, but this may be based on a telegram from the foreign authorities . The magistrate or justice must then See also:

• REPORT (O.Fr. report or raport, modern rapport, from O.Fr. reporter, mod. rap porter, Lat. reportare, to bring back, in poetical use only, of bringing back an account, news, &c.)

report the issue of the warrant to the home secretary, who may See also:

• CANCEL (from the Lat. cancelli, a plural diminutive of cancer, a grating or lattice, from which are also derived " chancel " and " chancellor ")

cancel it and See also:

• DISCHARGE (adapted from the O. Fr. discharge, modern decharge, from a med. Lat. discargare, to unload, dis- and earn care, to load, cf. " charge ")

discharge the prisoner . When arrested on the provisional warrant, the prisoner will be brought up before a magistrate and remanded to Bow Street, and will then be further remanded until the magistrate at Bow Street is notified that a formal requisition for surrender has been made; and unless such requisition is made in reasonable time the prisoner is entitled to be discharged . The examination of the prisoner See also:

• PRIOR (from Lat. prior—former, and hence superior, through O. Fr. priour)
• PRIOR, MATTHEW (1664-1721)

prior to his committal for extradition ordinarily takes See also:

• PLACE (through Fr. from Lat. platea, street; Gr. IrAar6s, wide)

place at Bow Street, The magistrate is required to hear evidence that the alleged offence is of a political character or is not an extradition crime . If satisfied in these respects, and if the foreign warrant of arrest is duly authenticated, and evidence is given which according to English law would justify a committal for trial, if the prisoner has not yet been tried, or would prove a conviction if he has already been convicted, the magistrate will commit him for extradition . Under the Extradition Act 1895 the home secretary, if of opinion that removal to Bow Street would be dangerous to the prisoner's life, or prejudicial to his See also:

• HEALTH

health, may order the case to be taken by a magistrate at the place where the prisoner was apprehended, or then is, and the magistrate may order the prisoner to be detained in such place .

After committal for extradition, every prisoner has fifteen days in which to apply for habeas corpus, and after such See also:

• PERIOD
• PERIOD (Gr. irepioSos, a going or way round, circuit, aepi, round, and &Sis, way, road)

period, or at the See also:

• CLOSE
• CLOSE (from Lat. clausum, shut)
• CLOSE, MAXWELL HENRY (1822-1903)

close of the habeas carpus proceedings if they are unsuccessful, the home secretary issues his warrant for surrender, and the prisoner is handed over to the See also:

• OFFICERS

officers of the foreign government . The Extradition Acts apply to the British colonies, the, See also:

• GOVERNOR (from the Fr. gouverneur, from gouverner, O. Fr. governer, Lat. gubernare, to steer a ship, to direct, guide)

governor being substituted for the secretary of state . Their operation may, however, be suspended by order in council, as in the case of See also:

• CANADA

Canada, where the See also:

• COLONY (Lat. colonia, from colonus, a cultivator)

colony has passed an Extradition Act of its own (see Statutory Rules and Orders) . Fugitive Offenders Act.—There are no extradition treaties with certain countries in which the crown exercises foreign jurisdiction, such as See also:

• CYPRUS
• CYPRUS, CHURCH OF

Cyprus, Turkey, See also:

• EGYPT

Egypt, China, See also:

• JAPAN

Japan, Corea; See also:

• ZANZIBAR

Zanzibar, See also:

• MOROCCO

Morocco, See also:

• SIAM (known to its inhabitants as Muang Thai)

Siam, See also:

• PERSIA

Persia, Somali, &c . In these countries the Fugitive Offenders Act 1881 (44 & 45 Vict . C . 69) has been applied, pursuant to s . 36 of that See also:

• STATUTE

statute, and the See also:

• MEASURES

measures for obtaining surrender of a fugitive criminal are the same as in a British colony . The act, however, only applies to persons over whom the crown has jurisdiction in these territories, and generally is expressly restricted to British subjects . Under this act a fugitive from one part of the king's dominions to another, or to a country where the crown exercises foreign jurisdiction, may be brought back by a procedure analogous to extradition, but applicable only to See also:

• TREASON (Fr. trahison, Lat. traditio)

treason, piracy and offences punishable with twelve months' imprisonment with hard labour or more . The See also:

• ORIGINAL

original warrant of arrest must be endorsed by one of several authorities where the offenders happen to be,—in practice by the home secretary in the United Kingdom and by the governor in a colony . Pending the arrival of the original warrant a provisional arrest may be made, as under the Ex-tradition Acts .

The fugitive must then be brought up for examination before a See also:

• LOCAL

local magistrate, who, if the endorsed warrant is duly authenticated, and evidence is produced" which, according to the law administered by the magistrate, raises a strong or probable presumption that the offender committed the offence, and that the act applies to it," may commit him for re-turn . An See also:

• INTERVAL

interval of fifteen days is allowed for habeas corpus proceedings, and (s. ro) the court has a large discretion to discharge the prisoner, or impose terms, if it thinks the case frivolous, or that the return would be unjust or oppressive, or too severe a See also:

• PUNISHMENT (from Lat. punire, to punish, from poena, punishment, Gr. 7rocvil)

punishment . The next step is for the home secretary, in the United Kingdom, and the governor in a colony, to issue a warrant for the return of the prisoner . He must be removed within a See also:

• MONTH
• MONTH (a common Teutonic word, cf. Ger. Mond, Du. maand, Dan. maaned, &c., and cognate with Lat. mensis, Gr. µi7v, &c., in other branches of the Indo-Germanic family; all ultimately from the root seen in the word for the moon in nearly all those languages

month, in the See also:

• ABSENCE (Lat. absentia)

absence of reasonable cause to the contrary . If not prosecuted within six months after arrival, or if acquitted, he is entitled to be sent back See also:

• FREE

free of cost . In the case of fugitive offenders from one part of the United Kingdom to another, it is enough to get the warrant of arrest backed by a magistrate having jurisdiction in that part of the United Kingdom where the offender happens to be . A warrant issued by a See also:

• METROPOLITAN (Lat. metropolitanus, Gr. µnrpoiroXtrns)

metropolitan See also:

• POLICE (Fr. police, government, civil administration, a police force, Gr. sroXumeia, constitution, condition of a state, roars, city, state)

police magistrate may be executed, without backing, by a metropolitan police officer any-where, and there are certain other exceptions, but as a rule a warrant cannot be executed without being backed by a local magistrate . (J . E . P . W.) 2 . UNITED STATEs.—Foreign extradition is purely an affair of the United States, and not for the individual states themselves .

Upon a demand upon the United States for extradition, there is a preliminary examination before a See also:

• COMMISSIONER

commissioner or See also:

• JUDGE (Lat. judex, Fr. juge)

judge before there can be a surrender to the foreign government (Revised Statutes, See also:

• TITLE (0. Fr. title, mod. titre, from Lat. titulus)

Title LXVI.; 22 Statutes at Large, 215) . It is enough to show probable See also:

• GUILT

guilt (Ornelas v . See also:

• RUIZ, JUAN (c. 1283-c. 1350)

Ruiz, 161 United States Reports, 502) . An extradition treaty covers crimes previously committed . If a Power, with which the United States have such a treaty, surrenders a fugitive charged with a crime not included in the treaty, he may be tried in the United States for such crime . Inter-state extradition is regulated by act of See also:

• CONGRESS (Lat. congressus, coming together, from congredi; cum, with, and gradus, step)

Congress under the Constitution of the United States (See also:

• ARTICLE (from Lat. articulus, a joint)

Article IV. s . 2; United States Revised Statutes, s . 5278) . A surrender may be demanded of one properly charged with an act which constitutes a crime under the laws of the demanding state, althoughit be no crime in the other state . A party improperly surrendered may be released by See also:

• WRIT (O. Eng. gewrit, writ, from writan, to write)

writ of habeas carpus, either from a state or United States court (Robb v . See also:

• CONOLLY, JOHN (1794-1866)

Conolly, 1st U.S . Reports, 624) .

On his return to the state from which he fled, he is subject to See also:

• PROSECUTION

prosecution for any crime, though on a foreign extradition the law is other-See also:

• WISE, HENRY ALEXANDER (1806-1876)
• WISE, ISAAC MAYER (1819-1900)

wise (Lascelles v . See also:

• GEORGIA

Georgia, 148 U.S . Reports, 537) . (S . E . B.) . See See also:

• SIR

Sir E .