35 & 36 VICT., c. 45-1872. An Act to carry into effect a Treaty between Her WE HEREAS a treaty between Her Majesty and the United States of America was signed at Washington on the eighth day of May, one thousand eight hundred and seventy-one, and was duly ratified on the seventeenth day of June of that year, which, amongst other things, contained the articles set out in the schedule to this Act: And whereas an Act intituled "An Act relating to the Treaty of Washington, 1871," has been passed by the Parliament of Canada for the purpose of carrying into operation the said articles; And whereas an Act intituled "An Act relating to the Treaty of Washington, 1871," has been passed by the Legislature of Prince Edward's Island, for the purpose of carrying into operation the said articles; And whereas the Congress of the United States of America have not as yet passed any Act for carrying into operation on the part of the United States the said articles; And whereas it is expedient to make provision by Act of Parliament for carrying into operation the said articles, 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, as follows: ance with 1. As soon as the law required to carry into operation, on suspension of the part of the United States of America, the articles set out Acts at variin the schedule to this Act has been passed by the Congress articles. of the United States and come into force, all Acts of Parliament and laws which operate to prevent the said articles from taking full effect, shall so far as they so operate be suspended and have no effect during the period mentioned in the article numbered thirty-three in the schedule to this Act. (Sec. 2 provided for the extension of the articles in the schedule to Newfoundland.) 3. This Act may be cited as "The Treaty of Washington Short Title. Act, 1872." SCHEDULE. SCHEDULE. Articles of the Treaty of Washington of the 8th May, 1871, which are referred to in the foregoing Act: Article XVIII, which is set out in the schedule, gives to the inhabitants of the United States, in common with the subjects of Her Britannic Majesty, the liberty, for the term of years mentioned in Article XXXIII of this Treaty, of the sea fishing of the Provinces of Quebec, Nova Scotia, and New Brunswick, and the colony of Prince Edward's Island, provided that they do not interfere with the rights of private property, or with British fishermen, in the use of any part of the said coasts for the same purpose. Article XIX, which is also set out in the schedule, gives similar rights to British subjects with respect to the fisheries on the eastern sea coasts and shores of the United States north of the 39th parallel. Article XX provides that certain places reserved under the First Article of the Treaty between Great Britain and the United States, concluded at Washington on the 5th of June, 1854, from the common right of fishing under that Treaty, shall be regarded as reserved from the common right of fishing under the preceding articles, and provides also for the settling of disputes as to the common right of fishing. ARTICLE XXI. It is agreed that, for the term of years mentioned in Article XXXIII of this Treaty, fish oil and fish of all kinds, (except fish of the inland lakes, and of the rivers falling into them, and except fish preserved in oil,) being the produce of the fisheries of the United States or of the Dominion of Canada, or of Prince Edward's Island, shall be admitted into each country respectively, free of duty. Articles XXII-XXV, which are set out in the schedule, provide for the appointment and prescribe the mode of proceeding of Commissioners to determine, having regard to the privileges accorded by the United States to the subjects of Her Britannic Majesty, as stated in Articles XIX and XXI of this Treaty, the amount of any compensation which ought to be paid by the Government of the United States to the Government of Her Britannic Majesty in return for the privileges accorded to the citizens of the United States under Article XVIII. ARTICLE XXX. It is agreed that, for the term of years mentioned in Article XXXIII of this Treaty, subjects of Her Britannic Majesty may may carry in British vessels, without payment of duty, goods, wares, or merchandize from one port or place within the territory of the United States upon the St. Lawrence, the Great Lakes, and the rivers connecting the same, to another port or place within the territory of the United States as aforesaid: Provided, that a portion of such transportation is made through the Dominion of Canada by land carriage and in bond, under such rules and regulations as may be agreed upon between the Government of Her Britannic Majesty and the Government of the United States. Citizens of the United States may for the like period carry in United States vessels, without payment of duty, goods, wares, or merchandize from one port or place within the Possessions of Her Britannic Majesty in North America, to another port or place within the said Possessions: Provided, that a portion of such transportation is made through the territory of the United States by land carriage and in bond under such rules and regulations as may be agreed upon between the Government of the United States and the Government of Her Britannic Majesty. The Government of the United States further engages not to impose any export duties on goods, wares, or merchandize carried under this article through the territory of the United States; and Her Majesty's Government engages to urge the Parliament of the Dominion of Canada and the Legislatures of the other colonies not to impose any export duties on goods, wares, or merchandize carried under this article; and the Government of the United States may, in case such export duties are imposed by the Dominion of Canada, suspend, during the period that such duties are imposed, the right of carrying granted under this article in favour of the subjects of Her Britannic Majesty. The Government of the United States may suspend the right of carrying granted in favour of the subjects of Her Britannic Majesty under this article in case the Dominion of Canada should at any time deprive the citizens of the United States of the use of the canals in the said Dominion on terms of equality with the inhabitants of the Dominion, as provided in Article XXVII. ARTICLE XXXI. The Government of Her Britannic Majesty further engages to urge upon the Parliament of the Dominion of Canada and the Legislature of New Brunswick, that no export duty, or other duty, shall be levied on lumber or timber of any kind cut on that portion of the American territory in the State of Maine watered by the river St. John and its tributaries, and floated floated down that river to the sea, when the same is shipped to the United States from the Province of New Brunswick. And in case any such export or other duty continues to be levied after the expiration of one year from the date of the exchange of the ratifications of this Treaty, it is agreed that the Government of the United States may suspend the right of carrying hereinbefore granted under Article XXX of this Treaty for such period as such export or other duty may be levied. Article XXXII provided for the extension of the stipulations of Articles XVIII-XXV to Newfoundland. ARTICLE XXXIII. The foregoing Articles XVIII-XXV inclusive, and Article XXX of this Treaty, shall take effect as soon as the laws required to carry them into operation shall have been passed by the Imperial Parliament of Great Britain, by the Parliament of Canada, and by the Legislature of Prince Edward's Island, on the one hand, and by the Congress of the United States on the other. Such assent having been given, the said articles shall remain in force for the period of ten years from the date at which they may come into operation, and further, until the expiration of two years after either of the high contracting parties shall have been given notice to the other of its wish to terminate the same; each of the high contracting parties being at liberty to give such notice to the other at the end of the said period of ten years or at any time afterward. 36 & 37 36 & 37 VICT., c. 60-1873. An Act to amend the Extradition Act, 1870. 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, as follows: of Act and 1. This Act shall be construed as one with the Extradition Construction Act, 1870, (in this Act referred to as the principal Act,) and short title. the principal Act and this Act may be cited together as the Extradition Acts, 1870 and 1873, and this Act may be cited alone as the Extradition Act, 1873. 2. Whereas by section six of the principal Act it is enacted Explanation of as follows: 66 "Where this Act applies in the case of any foreign State "every fugitive criminal of that State who is in or suspected "of being in any part of Her Majesty's Dominions, or that part which is specified in the order applying this Act (as "the case may be), shall be liable to be apprehended and "surrendered in manner provided by this Act, whether the "crime in respect of which the surrender is sought was com"mitted before or after the date of the order, and whether "there is or is not any concurrent jurisdiction in any court "of Her Majesty's Dominions over that crime." And whereas doubts have arisen as to the application of the said section to crimes committed before the passing of the principal Act, and it is expedient to remove such doubts, it is therefore hereby declared that A crime committed before the date of the order includes in the said section a crime committed before the passing of the principal Act, and the principal Act and this Act shall be construed accordingly. sec. 6 of 33 & 34 V., c. 52. to be surren 3. Whereas a person who is accessory before or after the Liability of fact, or counsels, procures, commands, aids, or abets the accessories to commission of any indictable offence, is by English law liable dered. to be tried and punished as if he were the principal offender, but doubts have arisen whether such person as well as the principal offender can be surrendered under the principal Act, and it is expedient to remove such doubts; it is therefore hereby declared that |