740
THE NEW ZEALAND GAZETTE.

Council, Lord Warden of the Cinque Ports and
Constable of Dover Castle, Chancellor of the
University of London, Her Majesty's Principal Sec-
retary of State for Foreign Affairs;
And His Majesty the Emperor of Germany, His
Minister of State and Chamberlain, Albert Count of
Bernstorff-Stintenburg, Knight of the Exalted Order
of the Black Eagle, Grand Cross of the Order of the
Red Eagle with oak leaves, Grand Commander of the
Order of the Imperial and Royal House of Hohen-
zollern in diamonds, and Knight of the Order of the
Crown with the Red Cross, Grand Cross of the Order
of Civil Merit of the Crown of Bavaria, and of the Order
of the Ernestine branch of the House of Saxony,
Knight of the Order of the Golden Lion of the House
of Nassau, &c., &c., &c., Ambassador Extraordinary
and Plenipotentiary of His Imperial and Royal
Majesty to Her Britannic Majesty;
Who, after having communicated to each other
their respective full powers, found in good and due
form, have agreed upon and concluded the following
Articles:—

ARTICLE I.
The High Contracting Parties engage to deliver up
to each other those persons who, being accused or
convicted of a crime committed in the territory of the
one Party, shall be found within the territory of the
other Party, under the circumstances and conditions
stated in the present Treaty.

ARTICLE II.
The crimes for which the extradition is to be
granted are the following:—
(1.) Murder, or attempt to murder.
(2.) Manslaughter.
(3.) Counterfeiting or altering money, uttering
or bringing into circulation counterfeit or
altered money.
(4.) Forgery or counterfeiting, or altering or
uttering what is forged or counterfeited or
altered; comprehending the crimes desig-
nated in the German Penal Code as counter-
feiting or falsification of paper-money, bank
notes, or other securities, forgery or falsifica-
tion of other public or private documents,
likewise the uttering or bringing into circu-
lation, or wilfully using such counterfeited,
forged, or falsified papers.
(5.) Embezzlement or larceny.
(6.) Obtaining money or goods by false pre-
tences.
(7.) Crimes by bankrupts against bankruptcy
law; comprehending the crimes designated
in the German Penal Code as bankruptcy
liable to prosecution.
(8.) Fraud by a bailee, banker, agent, factor,
trustee, or director, or member or public
officer of any company, made criminal by
any law for the time being in force.
(9.) Rape.
(10.) Abduction.
(11.) Child-stealing.
(12.) Burglary or housebreaking.
(13.) Arson.
(14.) Robbery with violence.
(15.) Threats by letter, or otherwise, with intent
to extort.
(16.) Sinking or destroying a vessel at sea, or
attempting to do so.
(17.) Assaults on board a ship on the high seas,
with intent to destroy life, or to do grievous
bodily harm.
(18.) Revolt, or conspiracy to revolt, by two or
more persons on board a ship on the high
seas, against the authority of the master.
The extradition is also to take place for participa-
tion in any of the aforesaid crimes, provided such
participation be punishable by the laws of both the
contracting parties.

ARTICLE III.
No German shall be delivered up by any of the
Governments of the Empire to the Government of the
United Kingdom; and no subject of the United
Kingdom shall be delivered up by the Government
thereof to any German Government.

ARTICLE IV.
The extradition shall not take place if the person
claimed on the part of the Government of the United
Kingdom, or the person claimed on the part of any
of the Governments of the German Empire, has
already been tried and discharged or punished, or is
still under trial, in one of the States of the German
Empire, or in the United Kingdom, respectively, for
the crime for which his extradition is demanded.
If the person claimed on the part of the Govern-
ment of the United Kingdom, or if the person
claimed on the part of any of the Governments of
the German Empire, should be under examination for
any other crime in one of the States of the German
Empire, or in the United Kingdom, respectively, his
extradition shall be deferred until the conclusion of
the trial, and the full execution of any punishment
awarded to him.

ARTICLE V.
The extradition shall not take place if, subsequently
to the commission of the crime, or the institution of
the penal prosecution, or the conviction thereon,
exemption from prosecution or punishment has been
acquired by lapse of time, according to the laws of
the State applied to.

ARTICLE VI.
A fugitive criminal shall not be surrendered if the
offence in respect of which his surrender is demanded
is one of a political character, or if he prove that the
requisition for his surrender has in fact been made
with a view to try or punish him for an offence of a
political character.

ARTICLE VII.
A person surrendered can in no case be kept in
prison, or be brought to trial in the State to which
the surrender has beeen made, for any other crime or
on account of any other matters than those for
which the extradition shall have taken place.
This stipulation does not apply to crimes committed
after the extradition.

ARTICLE VIII.
The requisition for extradition shall be made
through the Diplomatic Agents of the High Con-
tracting Parties, respectively.
The requisition for the extradition of an accused
person must be accompanied by a warrant of arrest
issued by the competent authority of the State
requiring the extradition, and by such evidence as,
according to the laws of the place where the accused
is found, would justify his arrest if the crime had been
committed there.
If the requisition relates to a person already con-
victed, it must be accompanied by the sentence of
condemnation passed against the convicted person by
the competent Court of the State that makes the
requisition for extradition.
A requisition for extradition cannot be founded on
sentences passed in contumaciam.

ARTICLE IX.
If the requisition for extradition be in accordance