The Law and Practice of Extradition - Softcover

Biron, Chartres

 
9781235791246: The Law and Practice of Extradition

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Inhaltsangabe

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1903 Excerpt: ... 15 CHAPTER I. FUGITIVE OFFENDERS ESCAPING TO THIS COUNTRY FROM FOREIGN COUNTRIES. In Great Britain extradition of to-day is a creation of the Extradition Act of 1870, extended as it has heen by the Acts of 1873 and 1875. Until the Act of 1870 was passed there was no Act containing any general power giving legal validity to a new treaty, but in each case a separate Act had to be passed to give the treaty the force of law, without which legislative authority it would have been inoperative here. Before the Act of 1870 the law of extradition in this country depended upon the terms of each individual treaty, and there was no statutory recognition of the principles and procedure by which the question of extradition should be governed. This the Act of 1870 provided, for the first time introducing a uniform system of both, to be applied alike to every extradition treaty, and regulating its application here. The Act was the result of a committee appointed by the House of Commons, and directed to examine the whole subject of extradition and to report thereon. Whenever a new extradition treaty is made with this country it is applied by an Order in Council, subject to these two qualifications--that the treaty is determinable by either party to it upon a notice not exceeding one year, and is in conformity with the provisions of the Extradition Act itself. When so applied it gives legislative validity to the treaty, and gives the treaty the force of a law of this country. The treaty is incorporated with the Act, and limits its operation in cases vhere the Act is at variance with the actual terms the two countries have arranged. The Extradition Act may be divided into three heads:--What a fugitive criminal is. How a fugitive criminal is to he arrested. How a fugitive crim...

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