the West Indies; and for repealing so much of an Act made in the seventh year of the reign of His present Majesty as imposes a Duty on Tea imported from Great Britain into any Colony or Plantation in America, or relating thereto, it was declared, that "the King and Parliament of Great Britain would not impose any duty, tax or assessment, whatever, payable in any of His Majesty's Colonies, Provinces and Plantations in North America or the West Indies, except only such duties as it might be expedient to impose for the regulation of commerce, the net produce of such duties to be always paid and applied to and for the use of the Colony, Province or Plantation in which the same shall be respectively levied, in such manner as other duties collected by the authority of the respective General Courts or General Assemblies of such Colonies, Provinces or Plantations were ordinarily paid and applied:" And whereas it is necessary, for the general benefit of the Empire, that such power of regulation of Commerce should continue to be exercised by Her Majesty and the Parliament of the United Kingdom of Great Britain and Ireland, subject nevertheless to the conditions hereinbefore recited with respect to the application of any duties which may be imposed for that purpose: Be it therefore enacted, that nothing in this Act contained shall prevent or affect the execution of any law which hath been or shall be made in the Parliament of the said United Kingdom for establishing regulations and prohibitions, or for the imposing, levying or collecting duties for the regulation of navigation, or for the regulation of the commerce between the Province of Canada and any other part of Her Majesty's dominions, or between the said Province of Canada, or any part thereof, and any foreign country or State, or for appointing and directing the payment of drawbacks of such duties so imposed, or to give to Her Majesty any power or authority, by and with the advice and consent of such Legislative Council and Assembly of the said Province of Canada, to vary or repeal any such law or laws, or any part thereof, or in any manner to prevent or obstruct the execution thereof; Provided always, that the net produce of all duties which shall be so imposed shall at all times hereafter be applied to and for the use of the said Province of Canada, and (except as hereinafter provided) in such manner only as shall be directed by any law or laws which may be made by Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of such Province. 1 6 & 7 Vict. 6 & 7 VIC. c. 34---1843. An Act for the Better Apprehension of Certain WE the Colonies HEREAS it is expedient to make more effectual pro- Offenders in vision for the apprehension and trial of offenders escaping into against the laws who may be in other parts of Her Majesty's Kingdom may Dominions than those in which their offences were committed: Be it enacted by the Queen's 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 from and after the passing of this Act, if any person charged with having committed any offence such as is hereinafter mentioned against the laws of any part of Her Majesty's Dominions, not being part of the United Kingdom of Great Britain and Ireland, and against whom a warrant shall have been issued for such offence by any person having lawful authority to issue the same within that part of Her Majesty's Dominions where such offence shall have been committed, shall be in any place within the said United Kingdom, it shall be lawful, in Great Britain, for one of Her Majesty's principal Secretaries of State, and in Ireland for the Chief Secretary of the Lord Lieutenant of Ireland, to endorse his name on such warrant, which warrant so endorsed shall be a sufficient authority to the person or persons bringing such warrant, and to all other persons to whom such warrant was originally directed, and also to all constables and other peace officers in that part of the United Kingdom where the said warrant shall be so endorsed, to execute the said warrant, by apprehending the person against whom such warrant is directed, and to convey the said person before a Justice of the Peace for the county or other jurisdiction in which the supposed offender shall be apprehended, or in Scotland either before such Justice of the Peace or before the Sheriff Depute or Substitute. the United be there apprehended. ers escaping to 2. And to remedy the like failure of justice by the escape For apprehenof persons charged with having committed offences into those sion of offendparts of Her Majesty's Dominions which do not form part of the Colonies. the said United Kingdom; Be it enacted, That from and after the passing of this Act, if any person charged with having committed any offence such as is hereinafter mentioned in any part of Her Majesty's Dominions, whether or not within the said United Kingdom, and against whom a warrant shall be issued by any person or persons having lawful authority to Offender may be committed to gaol until he can be sent back to the place where committed. to issue the same, shall be in any other part of Her Majesty's Dominions not forming part of the said United Kingdom, it shall be lawful for the Chief Justice or any other Judge of Her Majesty's Superior Court of law within that other part of Her Majesty's Dominions where such person shall be, to endorse his name on such warrant, which warrant so endorsed shall be a sufficient authority to the person or persons bringing such warrant, and also to all persons to whom such warrant was originally directed, and also to all peace officers of the place where the warrant shall be so endorsed, to execute the same within the jurisdiction of the person by whom it shall be so endorsed, by apprehending the person against whom such warrant is directed, and to convey him before a Magistrate or other person having authority to examine and commit offenders for trial in that part of Her Majesty's Dominions. 3. And be it enacted, That it shall be lawful for any person duly authorized to examine and commit offenders for trial before whom any such supposed offender shall be brought the offence was as aforesaid, upon such evidence of criminality as would justify his committal if the offence had been committed in that part of Her Majesty's Dominions, to commit such supposed offender to prison, there to remain until he can be sent back, in manner hereinafter mentioned, to that part of Her Majesty's Dominions in which he is charged with having committed such offence; and immediately upon the committal of such person, information thereof in writing, under the hand of the committing Magistrate, accompanied by a copy of the said Information of warrant, shall be given, in Great Britain, to one of Her Majesty's principal Secretaries of State, and in Ireland, to the Chief Secretary of the Lord Lieutenant, and in any other part of Her Majesty's Dominions to the Governor or acting Governor. committal to be given. Copies of depositions may be given in evidence. Offenders apprehended to place where the offence was committed. 4. Provided always, and be it enacted, That in every such case copies of the depositions upon which the original warrant was granted, certified under the hand of the person or persons issuing such warrant, and attested upon the oath of the party producing them to be true copies of the original depositions, may be received in evidence of the criminality of the person so apprehended. 5. And be it enacted, That it shall be lawful, in Great be sent to the Britain, for any one of Her Majesty's principal Secretaries of State, and in Ireland, for the Chief Secretary of the Lord Lieutenant, and in any other part of Her Majesty's Dominions for the Governor or acting Governor, by warrant under his hand and seal to order any person who shall have been so apprehended and committed to gaol, to be delivered into the custody of some person or persons, to be named in the said warrant for the purpose of being conveyed into that part part of Her Majesty's Dominions in which he is charged with having committed the offence, and being delivered into the custody of the proper authorities there, to be dealt with in due course of law as if he had been there apprehended, and to order that the person so committed to gaol be so conveyed accordingly; and if the said person, after he shall have been so apprehended, shall escape out of any custody to which he shall have been committed 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 may be retaken upon an escape. within two committal may apply to 6. And be it enacted, That where any person who shall have If not sent been committed to gaol under this Act shall not be conveyed months after out of that part of Her Majesty's Dominions in which he shall have been so committed to gaol within two calendar months be discharged. after such committal, over and above the time actually required to convey the prisoner from the gaol to which he was committed by the readiest way out of that part of Her Majesty's Dominions, it shall be lawful for any of Her Majesty's Judges in that part of Her Majesty's Dominions in which such supposed offender shall be in custody, upon application made to him or them, by or on behalf of the person so committed, and upon proof made to him or them that reasonable notice of the intention to make such application has been given to one of Her Majesty's principal Secretaries of State in Great Britain, or in Ireland to the Chief Secretary of the Lord Lieutenant of Ireland, or to the Governor or acting Governor in any other part of Her Majesty's Dominions, to order the person so committed to be discharged out of custody, unless sufficient cause be shown to such Judge or Judges why such discharge ought not to be ordered. 7. And be it enacted, That in case any person apprehended Persons apprehended if not under this Act shall not be indicted for the offence for which indicted within six months, he shall have been so apprehended within the period of six or if not concalendar months after his arrival in that part of Her Majes-victed, may be ty's Dominions in which he is charged to have committed the offence, or if upon his trial, he shall be acquitted, it shall be lawful, in Great Britain, for one of Her Majesty's Principal Secretaries of State, and in Ireland, for the Chief Secretary of the Lord Lieutenant of Ireland, and for the Governor or acting Governor in any other part of Her Majesty's Dominions, if he shall think fit, upon the request of the person so apprehended, to cause such person to be sent back, free of cost to such person, and with as little delay as possible, to that part of Her Majesty's Dominions in which he shall have been so apprehended. expense of 8. And be it enacted, That the Court before which any per- Providing for son apprehended under this Act shall be prosecuted or tried removal of within the said United Kingdom may order, if it shall think the United fit, Kingdom. Proof of the signature ef the person fit, that the expenses of apprehending and removing the prisoner from any part of Her Majesty's Dominions not within the said United Kingdom to any place within the said United Kingdom, shall be repaid to the person defraying the same, by the Treasurer of the County or other Jurisdiction in England or Ireland, or by the Sheriff Depute or Substitute of the County in Scotland, in which the offence is charged to have been been committed, the amount of such expenses being previously ascertained by an account thereof, verified by production of proper vouchers before two Justices of the Peace of such County or other Jurisdiction, which last mentioned Justices shall examine into the correctness of the said account, and shall allow the same or such part thereof as shall to them appear just and reasonable, under their hands and seals; and every Treasurer or Sheriff Depute or Substitute, who shall pay the amount so ascertained, shall be allowed such payment in his accounts respecting the business of such County or other Jurisdiction. 9. Provided always, and be it enacted, that it shall not be lawful for any person to endorse his name on any such warissuing the ori- rant, for the purpose of authorizing the apprehension of any ginal warrant. person under this Act, until it shall have been proved to him, upon oath or by affidavit, that the seal or signature upon the same is the seal or signature of the person having lawful authority to issue such warrant whose seal or signature the same purports to be. Warrant not to be endorsed except in cases felony, &c. 10. Provided also, and be it enacted, That it shall not be lawful for any person to endorse his name upon any such of treason and warrant for the purpose of authorizing the apprehension of any person under this Act, unless it shall appear upon the face of the said warrant that the offence which the person for whose apprehension the said warrant has been issued is charged to have committed is such that, if committed within that part of Her Majesty's Dominions where the warrant is so endorsed it would have amounted in law to a treason, or some felony, such as the Justices of the Peace in General or Quarter Sessions assembled have not authority to try in England under the provisions of an Act passed in the sixth year of the reign of Her Majesty, intituled "An Act to define the jurisdiction of Justices in General and Quarter Sessions of the Peace," or unless the depositions appear sufficient to warrant the committal of such person for trial. (Imp. Act 16 & 17 Vict. c. 118, provided that this section should thereafter be read and construed as if the words from "such" in the tenth line to "Peace" in the fourteenth line inclusive, had been omitted therein.) Section 11 provided that this Act might be amended, &c., by any Act of that session.) 6 & 7 Vict. |