Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 1, 1873

No. 151.
Mr. Moran to Mr. Fish.

[Extract.]

Legation of the United States,
London, November 21, 1872. (Received December 7.)

No. 419.]

Sir: * * * * * * *

I forward herewith * * for your information * * a copy of the * * [extradition] act of 1870. * * * *

I have, &c.,

BENJAMIN MORAN.

[Inclosure.]

Extradition.

Chapter 52.

AN ACT for amending the law relating to the extradition of criminals, (August 9, 1870.)

Whereas it is expedient to amend the law relating to the surrender to foreign states of persons accused or convicted of the commission of certain crimes within the jurisdiction of such states, and to the trial of criminals surrendered by foreign states to this country:

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:

preliminary.

1. This act may be cited as “The extradition act, 1870.”

2. Where an arrangement has been made with any foreign state with respect to the surrender to such state of any fugitive criminals, Her Majesty may, by order in council, direct that this act shall apply in the case of such foreign state.

Her Majesty may, by the same or any subsequent order, limit the operation of the order, and restrict the same to fugitive criminals who are in or suspected of being in the part of Her Majesty’s dominions specified in the order, and render the operation thereof subject to such conditions, exceptions, and qualifications as may be deemed expedient.

Every such order shall recite or embody the terms of the arrangement, and shall not remain in force for any longer period than the arrangement.

Every such order shall be laid before both houses of Parliament within six weeks after it is made, or, if Parliament be not then sitting, within six weeks after the then next meeting of Parliament, and shall also be published in the London Gazette.

3. The following restrictions shall be observed with respect to the surrender of fugitive criminals:

(1.) A fugitive criminal shall not be surrendered if the offense in respect of which his surrender is demanded is one of a political character, or if he prove to the satisfaction of the police magistrate or the court before whom he is brought on habeas corpus, or to the secretary of state, that the requisition for his surrender has in fact been made with a view to try or punish him for an offense of a political character.

(2.) A fugitive criminal shall not be surrendered to a foreign state unless provision is made by the law of that state, or an arrangement that the fugitive criminal shall not, until he has been restored or had an opportunity of returning to Her Majesty’s dominions, be detained or tried in that foreign state for any offense committed prior to his surrender, other than the extradition crime proved by the facts on which the surrender is grounded.

(3.) A fugitive criminal who has been accused of some offense within English jurisdiction not being the offense for which his surrender is asked, or is undergoing sentence under any conviction in the United Kingdom, shall not be surrendered until after he has been discharged, whether by acquittal or on expiration of his sentence or otherwise.

(4.) A fugitive criminal shall not be surrendered until the expiration of fifteen days from the date of his being committed to prison to await his surrender.

4. An order in council for applying this act in the case of any foreign state shall not be made unless the arrangement—

(1.) Provides for the determination of it by either party to it after the expiration of a notice not exceeding one year, and—

(2.) Is in conformity with the provisions of this act, and in particular with the restrictions on the surrender of fugitive criminals contained in this act.

5. When an order applying this act, in the case of any foreign state, has been published in the London Gazette, this act (after the date specified in the order, or if no date is specified, after the date of the publication) shall, so long as the order remains in force, but subject to the limitations, restrictions, conditions, exceptions, and qualifications, if any, contained in the order, apply in the case of such foreign state. An order in council shall be conclusive evidence that the arrangement therein referred to complies with the requisitions of this act, and that this act applies in the case of the foreign state mentioned in the order, and the validity of such order shall not be questioned in any legal proceedings whatever.

6. When 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 committed 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.

7. A requisition for the surrender of a fugitive criminal of any foreign state who is in, or suspected of being in, the United Kingdom, shall be made to a secretary of state by some person recognized by the secretary of state as a diplomatic representative of that foreign state. A secretary of state may, by order, under his hand and seal, signify to a police magistrate that such requisition has been made, and require him to issue his warrant for the apprehension of the fugitive criminal.

If the secretary of state is of opinion that the offense is one of a political character, he may, if he thinks fit, refuse to send any such order, and may also, at any time, order a fugitive criminal accused or convicted of such offense to be discharged from custody.

8. A warrant for the apprehension of a fugitive criminal, whether accused or convicted of crime, who is in, or suspected of being in, the United Kingdom, may be issued—first, by a police magistrate, on the receipt of the said order of the secretary of state, and on such evidence as would, in his opinion, justify the issue of the warrant if the crime had been committed or the criminal convicted in England; and, secondly, by a police magistrate, or any justice of the peace in any part of the United Kingdom, on such information or complaint and such evidence or after such proceedings as would, in the opinion of the person issuing the warrant, justify the issue of a warrant if the crime had been committed or the criminal convicted in that part of the United Kingdom in which he exercises jurisdiction.

Any person issuing a warrant under this section without an order from a secretary of state shall forthwith send a report of the fact of such issue, together with the evidence and information or complaint, or certified copies thereof, to a secretary of state, who may, if he think fit, order the warrant to be canceled, and the person who has been apprehended on the warrant to be discharged.

A fugitive criminal, when apprehended on a warrant issued without the order of a secretary of state, shall be brought before some person having power to issue a warrant under this section, who shall, by warrant, order him to be brought, and the prisoner shall accordingly be brought, before a police magistrate.

A fugitive criminal apprehended on a warrant issued without the order of a secretary of state shall be discharged by the police magistrate, unless the police magistrate, within such reasonable time as, with reference to the circumstances of the case, he may fix, receives from a secretary of state an order signifying that a requisition has been made for the surrender of such criminal.

9. When a fugitive criminal is brought before the police magistrate, the police magistrate shall hear the case in the same manner, and have the same jurisdiction and powers, as near as may be, as if the prisoner were brought before him charged with an indictable offense committed in England.

The police magistrate shall receive any evidence which may be tendered to show that the crime of which the prisoner is accused, or alleged to have been convicted, is an offense of a political character, or is not an extradition crime.

10. In the case of a fugitive criminal accused of an extradition crime, if the foreign warrant authorizing the arrest of such criminal is duly authenticated, and such evidence is produced as (subject to the provisions of this act) would, according to the law of England, justify the committal for trial of the prisoner if the crime of which he is accused had been committed in England, the police magistrate shall commit him to prison, but otherwise shall order him to be discharged.

In the case of a fugitive criminal alleged to have been convicted of an extradition crime, if such evidence is produced as (subject to the provisions of this act) would, according to the law of England, prove that the prisoner was convicted of such crime, the police magistrate shall commit him to prison; but, otherwise, shall order him to be discharged.

If he commits such criminal to prison, he shall commit him to the Middlesex house of detention, or to some other prison in Middlesex, there to await the warrant of a secretary of state for his surrender; and shall forthwith send to a secretary of state a certificate of the committal, and such report upon the case as he may think fit.

11. If the police magistrate commits a fugitive criminal to prison, he shall inform such criminal that he will not be surrendered until after the expiration of fifteen days, and that he has a right to apply for a writ of habeas corpus.

Upon the expiration of the said fifteen days, or, if a writ of habeas corpus is issued, after the decision of the court upon the return to the writ, as the case may be, or after such further period as may be allowed in either case by a secretary of state, it shall be lawful for a secretary of state, by a warrant under his hand and seal, to order the fugitive criminal (if not delivered on the decision of the court) to be surrendered to such person as may in his opinion be duly authorized to receive the fugitive criminal by the foreign state from which the requisition for the surrender proceeded, and such fugitive criminal shall be surrendered accordingly.

It shall be lawful for any person to whom such warrant is directed, and for the person so authorized as aforesaid to receive, hold in custody, and convey within the jurisdiction of such foreign state the criminal mentioned in the warrant; and if the criminal escapes out of any custody to which he may be delivered on or in pursuance of such warrant, it shall be lawful to retake him 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 escapes may be retaken upon an escape.

12. If the fugitive criminal who has been committed to prison is not surrendered and conveyed out of the United Kingdom within two months after such committal, or, if a writ of habeas corpus is issued alter the decision of the court upon the return to the writ, it shall be lawful for any judge of one of Her Majesty’s superior courts at Westminster, upon application made to him by or on behalf of the criminal, and upon proof that reasonable notice of the intention to make such application has been given to a secretary of state, to order the criminal to be discharged out of custody, unless sufficient cause is shown to the contrary.

13. The warrant of the police magistrate issued in pursuance of this act maybe executed in any part of the United Kingdom in the same manner as if the same had been originally issued or subsequently indorsed by a justice of the peace having jurisdiction in the place where the same is executed.

14. Depositions or statements on oath, taken in a foreign state, and copies of such original depositions or statements, and foreign certificates of or judicial documents stating the fact of conviction, may, if duly authenticated, be received in evidence in proceedings under this act.

15. Foreign warrants and depositions or statements on oath, and copies thereof, and certificates of or judicial documents stating the fact of conviction, shall be deemed duly authenticated for the purposes of this act, if authenticated in manner provided for the time being by law or authenticated as follows:

(1.) If the warrant purports to be signed by a judge, magistrate, or officer of the foreign state where the same was issued;

(2.) If the depositions or statements or the copies thereof purport to be certified under the hand of a judge, magistrate, or officer of the foreign state where the same were taken to be the original depositions or statements, or to be true copies thereof, as the case may require; and,

(3.) If the certificate of or judicial document stating the fact of conviction purports to be certified by a judge, magistrate, or officer of the foreign state where the conviction took place, and if in every case the warrants, depositions, statements, copies, certificates, and judicial documents, (as the case may be,) are authenticated by the oath of some witness or by being sealed with the official seal of the minister of justice, or some other minister of state, all courts of justice, justices, and magistrates shall take judicial notice of such official seal, and shall admit the documents so authenticated by it to be received in evidence without further proof.

crimes committed at sea.

16. Where the crime in respect of which the surrender of the fugitive is sought was committed on board any vessel on the high seas which comes into any port of the United Kingdom, the following provisions shall have effect:

(1.) This act shall be construed as if any stipendiary magistrate in England or Ireland, and any sheriff or sheriff substitute in Scotland, were substituted for the police magistrate throughout this act, except the part renting to the execution of the warrant of the police magistrate.

(2.) The criminal may be committed to any prison to which the person committing him has power to commit persons accused of the like crime.

(3.) If the fugitive criminal is apprehended on a warrant issued without the order of a secretary of state, he shall be brought before the stipendiary magistrate, sheriff, or sheriff substitute, who issued the warrant, or who has jurisdiction in the port where the vessel lies, or in the place nearest to that port.

fugitive criminals in british possessions.

17. This act, when applied by order in council, shall, unless it is otherwise provided by such order, extend to every British possession in the same manner as if throughout this act the British possession were substituted for the United Kingdom or England, as the case may require, but with, the following modifications, namely:

(1.) The requisition for the surrender of a fugitive criminal who is in or suspected of being in a British possession, may be made to the governor of that British possession by any person recognized by that governor as a consul-general, consul, or vice-consul; or, (if the fugitive criminal has escaped from a colony or dependency of the foreign state on behalf of which the requisition is made,) as the governor of such colony or dependency.

(2.) No warrant of a secretary of state shall be required, and all powers vested in or acts authorized or required to be done under this act by the police magistrate and the secretary of state, or either of them, in relation to the surrender of a fugitive criminal, may be done by the governor of the British possession alone.

(3.) Any prison in the British possession may be substituted for a prison in Middlesex.

(4.) A judge of any court exercising in the British possession the like powers as the court of queen’s bench exercises in England, may exercise the power of discharging a criminal when not conveyed, within two months, out of such British possession.

18. If, by any law or ordinance, made before or after the passing of this act by the legislature of any British possession, provision is made for carrying into effect, within such possession, the surrender of fugitive criminals who are in, or suspected of being in, such British possession, Her Majesty may, by the order in council applying this act in the case of any foreign state, or by any subsequent order, either suspend the operation, within any such British possession, of this act, or of any part thereof, so far as it relates to such foreign state, and so long as such law or ordinance continues in force there, and no longer; or direct that such law or ordinance or any part thereof shall have effect in such British possession with or without modifications and alterations, as if it were part of this act.

general provisions.

19. Where, in pursuance of any arrangement with a foreign state, any person accused or convicted of any crime which, if committed in England, would be one of the crimes described in the first schedule to this act, is surrendered by that foreign state, such person shall not, until he has been restored or had an opportunity of returning to such foreign state, be triable or tried for any offense committed prior to the surrender in any part of Her Majesty’s dominions, other than such of the said crimes as may be proved by the facts on which the surrender is grounded.

20. The forms set forth in the second schedule to this act, or forms as near thereto as circumstances admit, may be used in all matters to which such forms refer, and in the case of a British possession may be so used, mutatis mutandis, and when used shall be deemed to be valid and sufficient in law.

21. Her Majesty may, by order in council, revoke or alter, subject to the restrictions of this act, any order in council made in pursuance of this act, and all the provisions of this act with respect to the original order shall (so far as applicable) apply, mutatis mutandis, to any such new order.

22. This act (except so far as relates to the execution of warrants in the Channel Islands) shall extend to the Channel Islands and the Isle of Man in the same manner as if they were part of the United Kingdom; and the royal courts of the Channel Islands are hereby respectively authorized and required to register this act.

23. Nothing in this act shall affect the lawful powers of Her Majesty or of the governor-general of India in council to make treaties for the extradition of criminals with Indian native states, or with other Asiatic states conterminous with British India, or to carry into execution the provisions of any such treaties made either before or after the passing of this act.

24. The testimony of any witness may be obtained in relation to any criminal matter pending in any court or tribunal in a foreign state in like manner as it may be obtained in relation to any civil matter under the act of the session of the nineteenth and twentieth years of the reign of her present Majesty, chapter one hundred and thirteen, intituled “An act to provide for taking evidence in Her Majesty’s dominions in relation to civil and commercial matters pending before foreign tribunals;” and all the provisions of that act shall be construed as if the term civil matter included a criminal matter, and the term cause included a proceeding against a criminal: Provided, That nothing in this section shall apply in the case of any criminal matter of a political character.

25. For the purposes of this act every colony, dependency, and constituent part of a foreign state, and every vessel of that state shall (except where expressly mentioned as distinct in this act) be deemed to be within the jurisdiction of, and to be part of, such foreign state.

26. In this act, unless the context otherwise requires—

The term “British possession” means any colony, plantation, island, territory, or settlement within Her Majesty’s dominions, and not within the United Kingdom, the Channel Islands, and Isle of Man; and all colonies, plantations, islands, territories, and settlements under one legislature, as hereinafter defined, are deemed to be one British possession.

The term “legislature” means any person or persons who can exercise legislative authority in a British possession; and where there are local legislatures as well as a central legislature, means the central legislature only.

The term “governor” means any person or persons administering the government of a British possession, and includes the governor of any part of India.

The term “extradition crime” means a crime which, if committed in England or within English jurisdiction, would be one of the crimes described in the first schedule to this act.

The terms “conviction” and “convicted” do not include or refer to a conviction which, under foreign law, is a conviction for contumacy, but the term “accused person” includes a person so convicted for contumacy.

The term “fugitive criminal” means any person accused or convicted of an extradition crime committed within the jurisdiction of any foreign state who is in, or suspected of being in, some part of Her Majesty’s dominions; and the term” fugitive criminal of a foreign state” means a fugitive criminal accused or convicted of an extradition crime committed within the jurisdiction of that state.

The term “secretary of state” means one of Her Majesty’s principal secretaries of state.

The term “police magistrate” means a chief magistrate of the metropolitan police courts, or one of the other magistrates of the metropolitan police court in Bow street.

The term “justice of the peace” includes, in Scotland, any sheriff, sheriffs substitute, or magistrate.

The term “warrant,” in the case of any foreign state, includes any judicial document authorizing the arrest of a person accused or convicted of crime.

repeal of acts.

27. The acts specified in the third schedule to this act are hereby repealed as to the whole of Her Majesty’s dominions; and this act (with the exception of anything contained in it which is inconsistent with the treaties referred to in the acts so repealed) shall apply (as regards crimes committed either before or after the passing of this act) in the case of the foreign states with which those treaties are made, in the same manner as if an order in council referring to such treaties had been made in pursuance of this act, and as if such order had directed that every law and ordinance which is in force in any British possession with respect to such treaties should have effect as part of this act:

Provided, That if any proceedings for or in relation to the surrender of a fugitive criminal have been commenced under the said acts previously to the repeal thereof, such proceedings may be completed, and the fugitive surrendered in the same manner as if this act had not passed.

SCHEDULES.

first schedule.

List of crimes.

The following list of crimes is to be construed according to the law existing in England, or in a British possession, (as the case may be,) at the date of the alleged crime, whether by common law or by statute made before or after the passing of this act:

• Murder, and attempt and conspiracy to murder.
• Manslaughter.
• Counterfeiting and altering money, and uttering counterfeit or altered money.
• Forgery, counterfeiting, and altering, and uttering what is forged or counterfeited or altered.
• Embezzlement and larceny.
• Obtaining money or goods by false pretenses.
• Crimes by bankrupts against bankruptcy law.
• Fraud by bailee, banker, agent, factor, trustee, or director, or member, or public officer of any company made criminal by any act for the time being in force.
• Rape.
• Abduction.
• Child-stealing.
• Burglary and house-breaking.
• Arson.
• Robbery with violence.
• Threats by letter or otherwise with intent to extort.
• Piracy by law of nations.
• Sinking or destroying a vessel at sea, or attempting or conspiring to do so.
• Assaults on board a ship on the high seas with intent to destroy life or to do grievous bodily harm.
• Revolt or conspiracy to revolt by two or more persons on board a ship on the high seas against the authority of the master.

second schedule.

Form of order of secretary of state to the police magistrate.

To the chief magistrate of the metropolitan police courts, or other magistrate of the metropolitan police court, in Bow street, [or the stipendiary magistrate at———]:

Whereas in pursuance of an arrangement with ——— ———, referred to in an order of Her Majesty in council, dated the ——— day of ———, a requisition has been made to me, ——— ———, one of Her Majesty’s principal secretaries of state, by ——— ———, the diplomatic representative of ———, for the surrender of ——— ———, late of ———, accused [or convicted] of the commission of the crime of ———, within the jurisdiction of ———:

Now I hereby, by this my order, under my hand and seal, signify to you that such requisition has been made, and require you to issue your warrant for the apprehension of such fugitive, provided that the conditions of the extradition act, 1870, relating to the issue of such warrant, are, in your judgment, complied with.

Given under the hand and seal of the undersigned, one of Her Majesty’s principal secretaries of state, this ——— day of ———, 18—.

Form of warrant of apprehension by order of secretary of state.

Metropolitan police district, [or county or borough of] ———, to wit:

To all and each of the constables of the metropolitan police force, [or of the county or borough of ———]:

Whereas the right honorable ——— ———, one of Her Majesty’s principal secretaries of state, by order, under his hand and seal, hath signified to me that requisition hath been duly made to him for the surrender of ——— ———, late of ———, accused [or convicted] of the commission of the crime of ———, within the jurisdiction of ———: This is therefore to command you, in Her Majesty’s name, forthwith to apprehend the said ——— ———, pursuant to the extradition act, 1870, wherever he may be found in the United Kingdom, or Isle of Man, and bring him before me or some other [^* magistrate sitting in this court], to show cause why he should not be surrendered, in pursuance of the said extradition act, for which this shall be your warrant.

Given under my hand and seal, at [^*Bow street, one of the police courts of the metropolis,] this ——day of ———, 18—.

——— ———, J. P.

Form of warrant of apprehension without order of secretary of state.

Metropolitan police district, [or county or borough of ———,] to wit:

To all and each of the constables of the metropolitan police force, [or of the county or borough of ———,]:

Whereas it has been shown to the undersigned, one of Her Majesty’s justices of the peace in and for the metropolitan police district, [or the said county or borough of ———,] that ——— ———, late of ———, is accused [or convicted] of the commission of the crime of ———, within the jurisdiction of ———: This is therefore to command you, in Her Majesty’s name, to forthwith apprehend the said ——— ———, and to bring him before me, or some other magistrate sitting at this court, [or one of Her Majesty’s justices of the peace in and for the county [or borough] of ———,] to be further dealt with according to law, for which this shall be your warrant.

Given under my hand and seal at Bow street, one of the police courts of the metropolis, [or ——— in the county or borough aforesaid,] this ——— day of ———, 18—.

——— ———, J. P.

Form of warrant for bringing prisoner before the police magistrate.

County [or borough] of ———, to wit:

To ——— ———, constable of the police force of ———, and to all other peace officers in the said county [or borough] of ———:

Whereas, ——— ———, late of ———, accused [or alleged to be convicted of] the commission of the crime of ———, within the jurisdiction of ———, has been apprehended, and brought before the undersigned, one of Her Majesty’s justices of the peace in and for the said county [or borough] of ———.

And whereas by the extradition act, 1870, he is required to be brought before the chief magistrate of the metropolitan police court, or one of the police magistrates of the metropolis sitting at Bow street, within the metropolitan police district, [or the stipendiary magistrate for ———]: This is therefore to command you, the said constable, in Her Majesty’s name, forthwith to take and convey the said ——— ——— to the metropolitan police district, [or the said ———,] and there carry him before the said chief magistrate or one of the police magistrates of the metropolis sitting at Bow street within the said district, [or before a stipendiary magistrate sitting in the said ———,] to show cause why he should not be surrendered, in pursuance of the extradition act, 1870, and otherwise to be dealt with in accordance with law, for which this shall be your warrant.

Given under my hand and seal at ———, in the county [or borough] aforesaid, this ——— day of ———, 18—.

——— ———, J. P.

Form of warrant of committal.

Metropolitan police district, [or the country or borough of ———,] to wit:

}

To ——— ———, one of the constables of the metropolitan police force, [or of the police force of the country or borough of ———,] and to the keeper of the ———.

Be it remembered that on this ——— day of———, in the year of our Lord ———,——— ———, late of ———, is brought before me, ——— ———, the chief magistrate of the metropolitan police courts, [or one of the police magistrates of the metropolis,] sitting at the police court in Bow street, within the metropolitan police district, [or a stipendiary magistrate for ———,] to show cause why he should not be surrendered in pursuance of the extradition act, 1870, on the ground of his being accused [or convicted] of the commission of the crime of ——— within the jurisdiction of ———, and forasmuch as no sufficient cause has been shown to me why he should not be surrendered in pursuance of the said act: This is therefore to command you, the said constable, in Her Majesty’s name, forthwith to convey and deliver the body of the said ——— ——— into the custody of the said keeper of the ———at ——, and you, the said keeper, to receive the said ——— ——— into your custody, and him there safely keep until he is thence delivered pursuant to the provisions of the said extradition act, for which this shall be your warrant.

Given under my hand and seal at Bow street, one of the police courts of the metropolis, [or at the said ———,] this ——— day of———, 18—.

——— ———, J. P.

Form of warrant of secretary of state for surrender of fugitives.

To the keeper of ——— and to ———:

Whereas ——— ———, late of ———, accused [or convicted] of the commission of the crime of ——— within the jurisdiction of ———, was delivered into the custody of you, ——— ———, the keeper of ———, by warrant dated ———, pursuant to the extradition act, 1870:

Now, I do hereby, in pursuance of the said act, order you, the said keeper, to deliver the body of the said ——— ——— into the custody of the said ———, and I command you the said ———, to receive the said ——— ——— into your custody, and to convey him within the jurisdiction of the said ———; and there place him in the custody of any person or persons appointed by the said ——— to receive him, for which this shall be your warrant.

Given under my hand and seal of the undersigned, one of Her Majesty’s principal secretaries of state, this ——— day of ———.

third schedule.

Year and chapter.	Title.
6 and 7 Vict., c. 75	An act for giving effect to a convention between Her Majesty and the King of the French for the apprehension of certain offenders.
6 and 7 Vict., c. 76	An act for giving effect to a treaty between Her Majesty and the United States of America for the apprehension of certain offenders.
8 and 9 Vict., c. 120	An act for facilitating execution of the treaties with France and the United States of America for the apprehension of certain offenders.
25 and 26 Vict., c. 70	An act for giving effect to a convention between Her Majesty and the King of Denmark for the mutual surrender of criminals.
29 and 30 Vict., c. 121	An act for the amendment of the law relating to treaties of extradition.

1. Alter as required.
2. Alter as required.