18
THE NEW ZEALAND GAZETTE.
withholding all or any of the above prizes as the | And His Majesty the King of the Belgians, the
Judges may report.

By order of the Council.
P. LE NEVE FOSTER,
Secretary.

July, 1872.

Despatch from the Secretary of State, enclosing a
Treaty between Her Majesty and the King of
the Belgians.

Colonial Secretary's Office,
Wellington, 3rd January, 1873.

THE following Despatch, with enclosure, from
Her Majesty's Principal Secretary of State for
the Colonies, is published for general information.
JOHN HALL.

[CIRCULAR.]
Downing Street, 22nd October, 1872.

SIR,—I have the honor to transmit to you, for
publication in the Colony under your Government,
a copy of a Treaty between Her Majesty and the
King of the Belgians for the mutual surrender of
Fugitive Criminals, as well as a copy of the Order in
Council of the 15th October, for carrying into effect
that Treaty.
I have, &c.,
KIMBERLEY.

The Officer Administering
the Government of New Zealand.

EXTRADITION.

Order in Council, dated 15th October, 1872, for
carrying into effect a Treaty between Her Majesty
and the King of the Belgians, for the Mutual
Surrender of Criminals, signed at Brussels, 31st
July, 1872.

At the Court at Balmoral, the 15th day of October,
1872.
Present:

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS by an Act of Parliament made and passed
in the Session of Parliament holden in the thirty-
third and thirty-fourth years of the reign of Her
present Majesty, intituled "An Act for amending
the Law relating to the Extradition of Criminals," it
was, amongst other things, enacted that 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 the said Act shall apply in the
case of such foreign State; and that 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:

And whereas a Treaty was concluded on the thirty-
first day of July last between Her Majesty and the
King of the Belgians, for the mutual extradition of
Fugitive Criminals, which Treaty is in the terms
following:---

Her Majesty the Queen of the United Kingdom
of Great Britain and Ireland, and His Majesty the
King of the Belgians, having judged it expedient,
with a view to the more complete prevention of
crime within their respective territories, that persons
charged with or convicted of the crimes hereinafter
enumerated, and being fugitives from the justice of
their country, should, under certain circumstances,
be reciprocally delivered up; Their said Majesties
have named as their Plenipotentiaries to conclude a
Treaty for this purpose, that is to say:

Her Majesty the Queen of the United Kingdom
of Great Britain and Ireland, John Savile Lumley,
Esquire, Her Envoy Extraordinary and Minister
Plenipotentiary to His Majesty the King of the
Belgians;

Count d'Aspremont Lynden, Officer of His Order of
Leopold, Commander of the Order of the Ernestine
Branch of the House of Saxony, Grand Cross of the
Orders of Charles III., of the Medjidie, and of the
Saviour, Member of the Senate, His Minister of
Foreign Affairs;

Who, after having communicated to each other
their respective full powers, found in good and due
form, have agreed upon the following Articles:—

ARTICLE I.

It is agreed that Her Britannic Majesty and His
Majesty the King of the Belgians shall, on requisition
made in their name by their respective Diplomatic
Agents, deliver up to each other reciprocally any
persons, except as regards Great Britain, native
born and naturalized subjects of Her Britannic
Majesty, and except as regards Belgium, those who
are by birth or who may have become citizens of
Belgium, who, being accused or convicted as prin-
cipals or accessories before the fact of any of the
crimes hereinafter specified, committed within the
territories of the requiring Party, shall be found
within the territories of the other Party:

1. Murder (including assassination, parricide,
   infanticide, and poisoning), or attempt to murder.
2. Manslaughter.
3. Counterfeiting or altering money, or uttering
   counterfeit or altered money.
4. Forgery, counterfeiting, or altering or uttering
   what is forged or counterfeited or altered.
5. Embezzlement or larceny.
6. Obtaining money or goods by false pretences.
7. Crimes by bankrupts against bankruptcy law.
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 (including intimidation).
15. Threats by letter or otherwise, with intent to
    extort.
16. Piracy by law of nations.
17. Sinking or destroying a vessel at sea, or
    attempting or conspiring to do so.
18. Assaults on board a ship on the high seas, with
    intent to destroy life or to do grievous bodily harm.
19. Revolt or conspiracy to revolt by two or more
    persons on board a ship on the high seas against the
    authority of the master.

Provided that the surrender shall be made only
when, in the case of a person accused, the commission
of the crime shall be so established as that the laws
of the country where the fugitive or person accused
shall be found would justify his apprehension and
commitment for trial if the crime had been there
committed; and, in the case of a person alleged to
have been convicted on such evidence as, according
to the laws of the country where he is found, would
prove that he had been convicted.

In no case can the surrender be made unless the
crime shall be punishable according to the laws in
force in both countries with regard to extradition.

ARTICLE II.

In the dominions of Her Britannic Majesty, other
than the Colonies or Foreign Possessions of Her
Majesty, the manner of proceeding shall be as
follows:—

I. In the case of a person accused—
The requisition for the surrender shall be made to
Her Britannic Majesty's Principal Secretary of State
for Foreign Affairs by the Minister or other Diplo-