✨ Treaty Text and Appointments




THE NEW ZEALAND GAZETTE. 741

with the foregoing stipulations, the competent
authorities of the State applied to shall proceed to
the arrest of the fugitive.
The prisoner is then to be brought before a com-
petent Magistrate, who is to examine him and to
conduct the preliminary investigation of the case,
just as if the apprehension had taken place for a
crime committed in the same country.

ARTICLE X.

The extradition shall not take place before the
expiration of fifteen days from the apprehension, and
then only if the evidence be found sufficient, accord-
ing to the laws of the State applied to, either to
justify the committal of the prisoner for trial, in case
the crime had been committed in the territory of the
said State, or to prove that the prisoner is the iden-
tical person convicted by the Courts of the State
which makes the requisition.

ARTICLE XI.

In the examinations which they have to make in
accordance with the foregoing stipulations, the
authorities of the State applied to shall admit as
entirely valid evidence the sworn depositions or state-
ments of witnesses taken in the other State, or copies
thereof, and likewise the warrants and sentences
issued therein, provided such documents are signed
or certified by a Judge, Magistrate, or Officer of such
State, and 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.

ARTICLE XII.

If sufficient evidence for the extradition be not
produced within two mouths from the date of the
apprehension of the fugitive, he shall be set at
liberty.

ARTICLE XIII.

All articles seized, which were in the possession of
the person to be surrendered at the time of his
apprehension, shall, if the competent authority of the
State applied to for the extradition has ordered the
delivery thereof, be given up when the extradition
takes place; and the said delivery shall extend not
merely to the stolen articles, but to everything that
may serve as a proof of the crime.

ARTICLE XIV.

The High Contracting Parties renounce any claim
for the reimbursement of the expenses incurred
by them in the arrest and maintenance of the person
to be surrendered, and his conveyance till placed on
board ship; they reciprocally agree to bear such ex-
penses themselves.

ARTICLE XV.

The stipulations of the present Treaty shall be
applicable to the Colonies and foreign Possessions of
Her Britannic Majesty.

The requisition for the surrender of a fugitive
criminal who has taken refuge in any of such Colonies
or foreign Possessions shall be made to the Governor
or Chief Authority of such Colony or Possession by
the Chief Consular Officer of the German Empire in
such Colony or Possession.

Such requisitions may be disposed of, subject always,
as nearly as may be, to the provisions of this Treaty,
by the said Governor or Chief Authority, who, how-
ever, shall be at liberty either to grant the surrender,
or to refer the matter to his Government.

Her Britannic Majesty shall, however, be at liberty
to make special arrangements in the British Colonies
and foreign Possessions for the surrender of German
criminals, who may take refuge within such Colonies

and foreign Possessions, on the basis, as nearly as may
be, of the provisions of the present Treaty.
The requisition for the surrender of a fugitive
criminal from any Colony or foreign Possession of
Her Britannic Majesty shall be governed by the rules
laid down in the preceding Articles of the present
Treaty.

ARTICLE XVI.

The present Treaty shall come into force ten days
after its publication, in conformity with the forms
prescribed by the laws of the High Contracting
Parties. It may be terminated by either of the
High Contracting Parties, but shall remain in force
for six months after notice has been given for its
termination.

The Treaty shall be ratified, and the ratifications
shall be exchanged at London in four weeks, or sooner
if possible.

In witness whereof the respective Plenipotentiaries
have signed the same, and have affixed thereto the
seal of their arms.

Done at London, the fourteenth day of May, in the
year of our Lord one thousand eight hundred and
seventy-two.

(L.S.) GRANVILLE.
(L.S.) BERNSTORFF.

And whereas the ratifications of the said Treaty
were exchanged at London on the eleventh day of
June instant:

Now, therefore, Her Majesty, by and with the advice
of Her Privy Council, and in virtue of the authority
committed to Her by the said recited Act, doth order,
and it is hereby ordered, that from and after the
eighth day of July, one thousand eight hundred and
seventy-two, the said Act shall apply in the case of
the said Treaty with the Emperor of Germany.

ARTHUR, HELPS.

Colonial Secretary's Office,
(Judicial Branch,)
Wellington, 19th September, 1872.

HIS Excellency the Governor has been pleased to
appoint

EDMUND DAVIDSON, Esq.,
of Collingwood, Nelson, to be a Justice of the Peace
for the Colony.

HENRY SEWELL.

Colonial Secretary's Office,
(Judicial Branch,)
Wellington, 19th September, 1872.

HIS Excellency the Governor has been pleased to
appoint

JOHN MCNEIL, Esq.,
Mayor of Balclutha, Otago, to be a Justice of the
Peace for the Colony under "The Otago Municipal
Corporations Empowering Act, 1865."

HENRY SEWELL.

Colonial Secretary's Office,
(Judicial Branch,)
Wellington, 19th September, 1872.

HIS Excellency the Governor has been pleased to
appoint

HENRY ALDBOROUGH STRATFORD, Esq.,
of Arrowtown, Otago, to be a Coroner within the
Colony.

HENRY SEWELL.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1872, No 49





✨ LLM interpretation of page content

🌏 Articles of Extradition Treaty with Germany (continued from previous page)

🌏 External Affairs & Territories
25 June 1872
Extradition, Treaty text, Legal procedure, Colonies, Ratification
  • GRANVILLE
  • BERNSTORFF
  • ARTHUR
  • HELPS

βš–οΈ Appointment of Edmund Davidson as Justice of the Peace

βš–οΈ Justice & Law Enforcement
19 September 1872
Justice of the Peace, Appointment, Collingwood, Nelson
  • EDMUND Davidson (Esquire), Appointed Justice of the Peace

  • HENRY SEWELL

βš–οΈ Appointment of John McNeil as Justice of the Peace for Balclutha

βš–οΈ Justice & Law Enforcement
19 September 1872
Justice of the Peace, Appointment, Balclutha, Otago, Municipal Corporations Act
  • JOHN McNeil (Esquire), Appointed Justice of the Peace

  • HENRY SEWELL

βš–οΈ Appointment of Henry Aldborough Stratford as Coroner

βš–οΈ Justice & Law Enforcement
19 September 1872
Coroner, Appointment, Arrowtown, Otago
  • HENRY ALDBOROUGH Stratford (Esquire), Appointed Coroner for the Colony

  • HENRY SEWELL