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 period, or at the close of the habeas corpus proceedings if they are unsuccessful, the home secretary issues his warrant for surrender, and the prisoner is handed over to the officers of the foreign government.
The Extradition Acts apply to the British colonies, the governor being substituted for the secretary of state. Their operation may, however, be suspended by order in council, as in the case of Canada, where the 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 Cyprus, Turkey, Egypt, China, Japan, Corea, Zanzibar, Morocco, Siam, 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 statute, and the 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 treason, piracy and offences punishable with twelve months’ imprisonment with hard labour or more. The 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 Extradition Acts. The fugitive must then be brought up for examination before a 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 return. An interval of fifteen days is allowed for habeas corpus proceedings, and (s. 10) 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 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 month, in the 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 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 metropolitan police magistrate may be executed, without backing, by a metropolitan police officer anywhere, 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 commissioner or judge before there can be a surrender to the foreign government (Revised Statutes, Title LXVI.; 22 Statutes at Large, 215). It is enough to show probable guilt (Ornelas v. 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 Congress under the Constitution of the United States (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, although it be no crime in the other state. A party improperly surrendered may be released by writ of habeas corpus, either from a state or United States court (Robb v. Conolly, 111 U.S. Reports, 624). On his return to the state from which he fled, he is subject to prosecution for any crime, though on a foreign extradition the law is otherwise (Lascelles v. Georgia, 148 U.S. Reports, 537). (S. E. B.)
See Sir E. Clarke, Treatise upon the Law of Extradition (4th ed., 1904); Biron and Chalmers, Law and Practice of Extradition (1903).
EXTRADOS (extra, outside, Fr. dos, back), the architectural
term for the outer boundary of the voussoirs of an arch (q.v.).
EXTREME UNCTION, a sacrament of the Roman Catholic
Church. In James v. 14 it is ordained that, if any believer is
sick, he shall call for the elders of the church; and they shall
pray over him, anointing him with oil in the name of the Lord;
and the prayer of faith shall save him that is sick, and the Lord
shall raise him up; and if he have committed sins, it shall be
forgiven him.
Origen reprobated medical art on the ground that the prescription here cited is enough; modern faith-healers and Peculiar People have followed in his wake. The Catholic Church has more wisely left physicians in possession, and elevated the anointing of the sick into a sacrament to be used only in cases of mortal sickness, and even then not to the exclusion of the healing art.
It has been general since the 9th century. The council of Florence A.D. 1439 thus defined it:—
“The fifth sacrament is extreme unction. Its matter is olive oil, blessed by a bishop. It shall not be given except to a sick person whose death is apprehended. He shall be anointed in the following places: the eyes, ears, nostrils, mouth, hands, feet, reins. The form of the sacrament, is this: Through this anointing of thee and through its most pious mercy, be forgiven all thy sins of sight, &c. . . . and so in respect of the other organs. A priest can administer this sacrament. But its effect is to make whole the mind, and, so far as it is expedient, the body as well.”
This sacrament supplements that of penance (viz. remission of post-baptismal sin) in the sense that any guilt unconfessed or left over after normal penances imposed by confessors is purged thereby. It was discussed in the 12th century whether this sacrament is indelible like baptism, or whether it can be repeated; and the latter view, that of Peter Lombard, prevailed.
It was a popular opinion in the middle ages that extreme unction extinguishes all ties and links with this world, so that he who has received it must, if he recovers, renounce the eating of flesh and matrimonial relations. A few peasants of Lombardy still believe that one who has received extreme unction ought to be left to die, and that sick people may be starved to death through the withholding of food on superstitious grounds. Such opinions, combated by bishops and councils, were due to the influence of the consolamentum of the Cathars (q.v.). In both sacraments the death-bed baptism of an earlier age seems to survive, and they both fulfil a deep-seated need of the human spirit.
Some Gnostics sprinkled the heads of the dying with oil and water to render them invisible to the powers of darkness; but in the East generally, where the need to compete with the Cathar sacrament of Consolatio was less acutely felt, extreme unction is unknown. The Latinizing Armenians adopted it from Rome in the crusading epoch. At an earlier date, however, it was usual to anoint the dead.
In the Roman Church the bishop blesses the oil of the sick used in extreme unctions on Holy Thursday at the Chrismal Mass,[1] using the following prayer of the sacramentaries of Gelasius and Hadrian:—
“Send forth, we pray Thee, O Lord, Thy holy spirit, the Paraclete from Heaven, into this fatness of oil, which Thou hast deigned to produce from the green wood for refreshment of mind and body; and through Thy holy benediction may it be for all that anoint, taste, touch, a protection of mind and body, of soul and spirit, unto the easing away of all pain, all weakness, all sickness of mind and body; wherefore Thou hast anointed priest, kings and prophets and martyrs with thy chrism, perfected by Thee, O Lord, blessed and abiding in our bowels in the name of our Lord Jesus Christ.”
See L. Duchesne, Origines du Culte Chrétien (Paris, 1898). (F. C. C.)
- ↑ The oil left over from the year before is burnt.
