Foreign Country. date of such notice:' and whereas it is expedient that provision should be made for carrying the said convention into effect: it is enacted, That in case requisition be duly made, pursuant to the said convention, in the name of his majesty the king of the French, by his ambassador or other 6 & 7 Vict. c.75. accredited diplomatic agent, to deliver up to justice any person who, being Certain offenders to be apprehended accused of having committed, after the ratification of the said convention, on requisition of the crime of murder (comprehending the crimes designated in the French the ambassador of the king of the penal code by the terms assassination, parricide, infanticide, and poisoning), French. or of an attempt to commit murder, or of forgery, or of fraudulent bankruptcy, within the territories and jurisdiction of his said majesty the king of the French, shall be found within the dominions of her majesty, it shall be lawful for one of her majesty's 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 or possessions abroad for the officer administering the government of any such colony or possession, by warrant under his hand and seal, to signify that such requisition has been so made, and to require all justices of the peace and other magistrates and officers of justice within their several jurisdictions to govern themselves accordingly, and to aid in apprehending the person so accused and committing such person to gaol, for the purpose of being delivered up to justice, according to the provisions of the said convention, and thereupon it shall be lawful for any justice of the peace, or other person having power to commit for trial persons accused of crimes against the laws of that part of her majesty's dominions 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 apprehension and committal for trial of the person so accused if the crime of which he or she shall be so accused had been there committed, it shall be lawful for such justice of the peace, or other person having power to commit as aforesaid, to issue his warrant for the apprehension of such person, and also to commit the person so accused to gaol, there to remain until delivered pursuant to such requisition as aforesaid." Sect. 2. Provided, "That in every such case copies of the depositions Copies of the upon which the original warrant was granted, certified under the hand of depositions may be given in evithe person or persons issuing such warrant, and attested upon the oath dence. of the party producing them to be true copies of the original depositions, may be received in evidence of the criminality of the person apprehended." Sect. 3. "That it shall be lawful for one of her majesty's principal secre- Offenders to be taries of state, or in Ireland for the chief secretary of the lord lieutenant delivered up. of Ireland, and in any of her majesty's colonies or possessions abroad for the officer administering the government of any such colony or possession, by warrant under his hand and seal to order the person so committed to be delivered up to such person or persons as shall be duly authorized in the name of the said king of the French to receive the person so committed, and convey such person to the dominions of the said king of the French, 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 or persons authorized as aforesaid to receive the person so charged with crime and committed as aforesaid to bold such person in custody, and take him or her to the dominions of the king of the French, pursuant to the said convention; and if the person so accused shall escape out of any custody to which he or she shall be committed, or to which he or 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 majesty's dominions to which he or she shall so escape may be retaken upon an escape: Provided always, that no justice of the peace or other person shall issue his warrant for the apprehension of any such supposed offender until it shall have been proved to him, upon oath or by affidavit, that the party applying for such warrant is the bearer of a warrant of Foreign Country. 6 & 7 Vict. c. 75. After two months the persons apprehended may be discharged, if not conveyed out of her majesty's dominions. Limits of the act. Continuance of act. 6&7 Vict. c. 76. arrest or other equivalent judicial document, issued by a judge or com petent magistrate in France, authenticated in such manner as woul justify the arrest of the supposed offender in France upon the same charge, or unless it shall appear to him that the acts charged against the supposed offender are clearly set forth in such warrant of arrest or other equivalent judicial document." Sect. 4. That where any person who shall have been committed under this act, to remain until delivered up pursuant to requisition as aforesaid, shall not be delivered up pursuant thereto, and conveyed out of her majesty's dominions, within two calendar months after such committal over and above the time actually required for conveying the prisoner from the gaol to which he or she was committed by the readiest way out of he majesty's dominions, it shall in every such case be lawful for any of he majesty's judges in that part of her majesty's dominions in which suc supposed offender shall be in custody, upon application made to him c them by or on behalf of the person so committed, and upon proof mad to him or them that reasonable notice of the intention to make such app cation has been given to some or one of her majesty's principal secretar of state in Great Britain, or in Ireland to the chief secretary of the lar lieutenant of Ireland, and in any of her majesty's colonies or possession abroad for the officer administering the government of any such colony possession, to order the person so committed to be discharged out custody, unless sufficient cause shall be shown to such judge or judge why such discharge ought not to be ordered." Sect. 5. "That if, by any law or ordinance to be hereafter made by local legislature of any British colony or possession abroad, provision sha be made for carrying into complete effect within such colony or possessi the objects of this present act by the substitution of some other enac ment in lieu thereof, then it shall be competent to her majesty, with th advice of her privy council, (if to her majesty in council it shall see meet, but not otherwise,) to suspend the operation within any such colon or possession of this present act so long as such substituted enactmen shall continue in force there, and no longer." Sect. 6. "That this act shall continue in force during the continuans of the said convention." By the 6 & 7 Vict. c. 76, intituled "An Act for giving effect to a Treat between Her Majesty and the United States of America for the Appre hension of certain Offenders," [22nd August, 1843,] reciting that, b the tenth article of a treaty between her majesty and the United States o America, signed at Washington on the 9th day of August, in the yea 1842, the ratifications whereof were exchanged at London on the 13 day of October in the same year, it was agreed that her majesty and 3: said United States should, upon mutual requisitions by them or the ministers, officers, or authorities respectively made, deliver up to just all persons who, being charged with the crime of murder, or assar with intent to commit murder, or piracy, or arson, or robbery, c forgery, or the utterance of forged paper, committed within the juns diction of either of the high contracting parties, should seek an asy lum or should be found within the territories of the other; provided that this should only be done upon such evidence of criminality a according to the laws of the place where the fugitive or person charged should be found would justify his apprehension and commitmen for trial if the crime or offence had been there committed, and that the respective judges and other magistrates of the two governments should have power, jurisdiction, and authority, upon complaint made under oath, to issue a warrant for the apprehension of the fugitive or person charged, so that he might be brought before such judges or other mag trates respectively, to the end that the evidence of criminality might be heard and considered, and if on such hearing the evidence should be deemed sufficient to sustain the charge it should be the duty of the examining judge or magistrate to certify the same to the proper executive Foreign Country. Certain offenders to be apprehended on requisition of the United States. authority, that a warrant might issue for the surrender of such fugitive, and that the expence of such apprehension and delivery should be borne and defrayed by the party making the requisition and receiving the fugitive; and it is by the eleventh article of the said treaty further agreed, 6 & 7 Vict. c. 76. that the tenth article, hereinbefore recited, should continue in force until one or other of the high contracting parties should signify its wish to terminate it, and no longer: and whereas it is expedient that provision should be made for carrying the said agreement into effect; it is enacted, "That in case requisition 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 commit murder, or with the crime of piracy, or arson, or robbery, or forgery, or the utterance of forged paper, committed within the jurisdiction of the United States of America, who shall be found within the territories of her majesty, it shall be lawful for one of her majesty's 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 or possessions abroad for the officer administering the government of any such colony or possession, by warrant under his hand and seal to signify that such requisition has been so made, and to require all justices of the peace and other magistrates and officers of justice within their several jurisdictions to govern themselves accordingly, and to aid in apprehending the person so accused, and committing such person to gaol, for the purpose of being delivered up to justice, according to the provisions of the said treaty; and thereupon it shall be lawful for any justice of the peace, or other person having power to commit for trial persons accused of crimes against the laws of that part of her majesty's dominions 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 apprehension and committal for trial of the person so accused if the crime of which he or she shall be so accused had been there committed it shall be lawful for such justice of the peace, or other person having power to commit as aforesaid, to issue his warrant for the apprehenion of such person, and also to commit the person so accused to gaol, there to remain until delivered pursuant to such requisition as aforesaid." The remaining sections of this act are the same in effect as those in the preceding act of 6 & 7 Vict. c. 75. Forgery. By the 7 & 8 Vict. c. 22, intituled "An Act to amend the Laws now 7 & Vict. c. 22. in force for preventing Frauds and Abuses in the marking of Gold and Silver Wares in England," [4th July, 1844,] reciting the passing of the 13 Geo. III. c. 59, and that by 38 Geo. III. c. 69, it is enacted, that from and after the said 1st day of October, 1798, if any person shall forge, cast, or counterfeit, or cause or procure to be cast, forged, or counterfeited, the mark or stamp used or directed to be used in pursuance of this act for the marking or stamping of gold plate by the company of Goldsmiths in London or Edinburgh, or the Birmingham or Sheffield company, or by the wardens or assayer or assayers at York, Exeter, Bristol, Chester, Norwich, or Newcastle-upon-Tyne, or any or either of them, or shall cast, forge, or counterfeit, or shall cause or procure to be cast, forged, or counterfeited, any mark, stamp, or impression, in imitation of or to resemble any mark, stamp, or impression made or to be made with any mark or stamp used or to be used as aforesaid by the said company of Goldsmiths in London or Edinburgh, or by the said Birmingham or Sheffield companies, or by the said wardens or assayer or assayera, or any or either of them, or shall mark or stamp, or cause or procure to be marked or stamped, any wrought plate of gold, or any wares of silver, Forgery. 7 & 8 Vict. c. 22. brass, or other metal gilt over and resembling plate of gold, with any mark or stamp which hath been or shall be forged or counterfeited at any time, either before, on, or after the said 1st day of October, 1798, in imtation of or to resemble any mark or stamp used or to be used as afore said by the said company of Goldsmiths in London or Edinburgh, or by the said Birmingham or Sheffield companies, or by the said wardens or assayer or assayers, or any or either of them, or shall transpose or remove, cause or procure to be transposed or removed, from one piece of wrought plate to another, or to any vessel of silver, brass, or other metal as aforesaid, any mark, stamp, or impression made or to be made by or with any mark or stamp used or to be used as aforesaid by the said company Goldsmiths in London or Edinburgh, or by the said Birmingham or Shef field companies, or by the said wardens or assayer or assayers, or any c either of them, or shall sell, exchange, or expose to sale, or export out this kingdom, any wrought plate of gold, or any vessel of silver, brass, o other metal as aforesaid, with any such forged or counterfeit mark, stamp or impression thereon, or any mark, stamp, or impression which hat been or shall be transferred or removed from any other piece of plate knowing such mark, stamp, or impression to be forged, counterfeited, o transposed or removed as aforesaid, or shall wilfully or knowingly bav or be possessed of any mark or stamp which hath been or shall be forged or counterfeit in imitation of and to resemble any mark or stamp used o to be used as aforesaid by the said company of Goldsmiths in London Edinburgh, or by the said Birmingham and Sheffield companies, or b the said wardens or assayer or assayers, or any or either of them, ever such person offending in any such or either of the cases aforesaid, bem thereof lawfully convicted, shall be adjudged guilty of felony, and sha be transported to such parts beyond the seas as his majesty, with th advice of his privy council, shall direct, for the space of seven years and that it is expedient to simplify the said laws, and to alter the punish ments thereby imposed, and to make further provision for preventin frauds and abuses in the marking of and dealing in gold and silver wares it is therefore enacted, "That the said act passed in the thirteenth year the reign of his said late majesty king George the Third, and so much the said act passed in the thirty-eighth year of the reign of his said lat pealed, except as majesty king George the Third as is hereinbefore recited, shall be and t to offences already same are hereby repealed, so far as the same relate to that part of th United Kingdom called England, except as to offences committed befor the day on which this act shall come into operation, which shall be dea with and punished as if this act had not been passed; nevertheless no as or part of an act repealed by the said act passed in the thirteenth year o the reign of his said late majesty king George the Third shall be revive by the passing of this act." Recited act 13 committed. Forging or coun Sect. 2. "That every person who shall forge or counterfeit, or sha terfeiting any die utter, knowing the same to be forged or counterfeited, any die or othe for marking gold instrument, or any part of any die or other instrument, provided or as knowingly utter or to be provided or used by the company of Goldsmiths in London, o or silver wares, or ing the same; marking wares by any of the several companies of goldsmiths in the cities of Yor Exeter, Bristol, Chester, or Norwich, or the town of Newcastle-upon Tyne, or by the companies of guardians of the standard of wrought plat in the towns of Sheffield or Birmingham respectively, for the markin or stamping of any gold or silver wares; and every person who sh mark with any such forged or counterfeit die or other instrument of with forged die, with any part of such forged or counterfeit die or other instrument aforesaid, any ware of gold or silver, or any ware of base metal, or shal utter any such ware of gold or silver, or any such ware of base metal, s marked as aforesaid, knowing the same to be so marked as aforesu and every person who shall forge or counterfeit, or by any means whateve produce an imitation of, or shall utter, knowing the same to be forged counterfeit or an imitation, any mark or part of any mark of any die other instrument provided or used or to be provided or used as aforesaid, or uttering; forging any mark of any die, or uttering; Forgery. 7 & 8 Vict. c. 22. removing marks, pon any ware of gold or silver, or any ware of base metal; and every erson who shall transpose or remove, or shall utter, knowing the same be transposed or removed, any mark of any die or other instrument rovided or used or to be provided or used as aforesaid, from any ware of transposing or old or silver to any other ware of gold or silver, or to any ware of base or uttering; etal; and every person who shall without lawful excuse (the proof having in posseshereof shall lie on the party accused) have in his possession any such sion any such, knowing, &c.; rged or counterfeit die, or other instrument as aforesaid, or any ware gold or silver, or any ware of base metal, having thereupon the mark f any such forged or counterfeit die or other instrument as aforesaid, or aving thereupon any such forged or counterfeit mark or imitation of a nark as aforesaid, or any mark which shall have been so transposed or moved as aforesaid, knowing the same respectively to have been forged, unterfeited, imitated, marked, transposed, or removed; and every per- cutting or severing who shall cut or sever from any ware of gold or silver any mark or any to affix upon other it of any mark of any die or other instrument provided or used or to wares; provided or used as aforesaid, with intent that such mark or such part marks with intent cut or severed a mark shall or may be placed upon or joined or affixed to any other affixing any mark are of gold or silver, or to any ware of base metal; and every person from any other ho shall place upon or join or affix to any ware of gold or silver, or any ware; are of base metal any mark of any die or other instrument provided or sed, or to be provided or used as aforesaid, which shall have been cut or evered from any ware of gold or silver; and every person who shall, or fraudulently ith intent to defraud her majesty, or any of the said several companies using genuine goldsmiths and guardians respectively, or any person whatever, use dies; ly genuine die or other instrument provided or used or to be provided Penalty on dealer urt, either be transported beyond the seas for any term not exceeding Punishment. urteen years nor less than seven years, or be imprisoned with or without and labour, for any term not exceeding three years." Sect. 3. "That every dealer in gold or silver wares who shall sell or rchange, or expose or keep for sale, or shall export or import, or attempt export or import, from or to England, or who shall have in his posseson without lawful excuse (the proof whereof shall lie upon him) any are of gold or silver, or any ware of base metal, having thereupon any ark of any forged or counterfeit die or other instrument as aforesaid, or ay forged or counterfeit mark or imitation of a mark of any die or other strument provided or used or to be provided or used by any of the everal companies of goldsmiths and guardians aforesaid for marking gold r silver wares, or having thereupon any mark which shall have been ransposed or removed thereto from any other ware of gold or silver, shall or every such ware so sold or exchanged, or exposed or kept for sale, or sported or imported, or attempted to be exported or imported, or hich shall so be in his possession as aforesaid, forfeit and pay the sum 10%, which may be sued for and recovered by any of the several comJanies of goldsmiths and guardians aforesaid in manner hereinafter provided." cases. Sect. 4. "That every such dealer in gold or silver wares, who shall Dealers to be exhave sold or exchanged, or exposed or kept for sale, or exported or empted in certain imported, or attempted to export or import, or had in his possession, any such ware of gold or silver, or any such ware of base metal, having thereupon any mark of any such forged or counterfeited die or other instrument as aforesaid, or any such forged or counterfeit mark or imitation of a mark as aforesaid, or any mark which shall have been so transposed or removed thereto as aforesaid, and shall within twentyone days next after notice thereof to him given by any of the several companies of goldsmiths or guardians as aforesaid, or left at his usual place of abode, or at any house, shop, or place where he shall carry on or transact his said trade or business, discover and make known to the company of goldsmiths or guardians, in or nearest to the city, VOL. VI. 20 |