THE NEW ZEALAND GAZETTE.
19

matic Agent of His Majesty the King of the Belgians,
accompanied by a warrant of arrest or other equivalent
judicial document, issued by a Judge or Magistrate
duly authorized to take cognizance of the acts charged
against the accused in Belgium, together with duly
authenticated depositions or statements taken on
oath before such Judge or Magistrate, clearly setting
forth the said acts, and containing a description of
the person claimed, and any particulars which may
serve to identify him. The said Secretary of State
shall transmit such documents to Her Britannic
Majesty's Principal Secretary of State for the Home
Department, who shall then, by order under his hand
and seal, signify to some Police Magistrate in London
that such requisition has been made, and require him,
if there be due cause, to issue his warrant for the
apprehension of the fugitive.

On the receipt of such order from the Secretary of
State, and on the production of such evidence as would,
in the opinion of the Magistrate, justify the issue of
the warrant if the crime had been committed in the
United Kingdom, he shall issue his warrant ac-
cordingly.

When the fugitive shall have been apprehended, he
shall be brought before the Police Magistrate who
issued the warrant, or some other Police Magistrate
in London. If the evidence to be then produced
shall be such as to justify, according to the law of
England, 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, to await the warrant of the Secretary of
State for his surrender; sending immediately to the
Secretary of State a certificate of the committal and
a report upon the case.

After the expiration of a period from the com-
mittal of the prisoner, which shall never be less than
fifteen days, the Secretary of State shall, by order
under his hand and seal, order the fugitive criminal
to be surrendered to such person as may be duly
authorized to receive him on the part of the Govern-
ment of His Majesty the King of the Belgians.

II. In the case of a person convicted-

The course of proceeding shall be the same as in
the case of a person accused, except that the warrant
to be transmitted by the Minister or other Diplo-
matic Agent in support of his requisition shall
clearly set forth the crime of which the person
claimed has been convicted, and state the fact, place,
and date of his conviction. The evidence to be pro-
duced before the Police Magistrate shall be such as
would, according to the law of England, prove that
the prisoner was convicted of the crime charged.

After the Police Magistrate shall have committed
the accused or convicted person to prison to await
the order of a Secretary of State for his surrender,
such person shall have the right to apply for a writ
of habeas corpus; if he should so apply, his surrender
must be deferred until after the decision of the Court
upon the return to the writ, and even then can only
take place if the decision is adverse to the applicant.
In the latter case, the Court may at once order his
delivery to the person authorized to receive him,
without the order of a Secretary of State for his
surrender, or commit him to prison to await such
order.

ARTICLE III.

In the dominions of His Majesty the King of the
Belgians, other than the Colonies or Foreign Pos-
sessions of His said Majesty, the manner of proceed-
ing shall be as follows :-

I. In the case of a person accused-

The requisition for the surrender shall be made to
the Minister for Foreign Affairs of His Majesty the
King of the Belgians by the Minister or other Diplo-
matic Agent of Her Britannic Majesty, accompanied
by a warrant of arrest issued by a Judge or Magis-
trate duly authorized to take cognizance of the acts
charged against the accused in Great Britain, together
with duly authenticated depositions or statements
taken on oath before such Judge or Magistrate,
clearly setting forth the said acts, and containing a
description of the person claimed, and any other
particulars which may serve to identify him.

The Minister for Foreign Affairs shall transmit
the warrant of arrest, with the documents thereto
annexed, to the Minister of Justice, who shall forward
the same to the proper judicial authority, in order
that the warrant of arrest may be put in course of
execution by the Chamber of the Council (Chambre
du Conseil) of the Court of First Instance of the
place of residence of the accused, or of the place
where he may be found.

After issue of the order for arrest, and on exhibition
of the warrant of arrest, the foreigner may be pro-
visionally arrested, and the Juge d'Instruction is
authorized to proceed according to the rules pre-
scribed by the Code d'Instruction Criminelle.

The foreigner may claim to be provisionally set at
liberty in any case in which a Belgian enjoys that
right, and under the same conditions. The applica-
tion shall be submitted to the Chamber of the Council
(Chambre du Conseil).

The surrender shall not be granted unless on pro-
duction of the order of the Chamber of the Council
(Chambre du Conseil), of the decree of the Chamber
of Indictments or Investigation (Chambre des Mises
en Accusation), or of the act of criminal procedure
(acte de procédure criminelle), issued by the compe-
tent Judge, formally decreeing or necessarily in-
volving the sending of the accused before a criminal
court (la juridiction répressive) delivered in original
or in an authenticated copy, and after having taken
the opinion of the Chamber of Indictments or In-
vestigation (Chambre des Mises en Accusation) of the
Court of Appeal, within whose jurisdiction the
foreigner shall have been arrested.

The hearing of the case shall be public, unless the
foreigner should demand that it should be with closed
doors.

The public authorities and the foreigner shall be
heard. The latter may obtain the assistance of
Counsel.

Within a fortnight from the receipt of the docu-
ments, they shall be returned, with a reasoned
opinion, to the Minister of Justice, who shall decide,
and may order that the accused be delivered to the
person duly authorized on the part of the Govern-
ment of Her Britannic Majesty.

II. In the case of a person convicted-

The course of proceeding shall be the same as in
the case of a person accused, except that the con-
viction or sentence of condemnation issued in original
or in an authenticated copy, to be transmitted by
Minister or other Diplomatic Agent in support of
his requisition, shall clearly set forth the crime of
which the person claimed has been convicted, and
state the fact, place, and date of his conviction. The
evidence to be produced before the Magistrate
charged with the investigation of the case shall be
such as would, according to the Belgian laws, prove
that the prisoner was convicted of the crime charged.

ARTICLE IV.

A fugitive criminal may, however, be apprehended
under a warrant issued by any Police Magistrate,
Justice of the Peace, or other competent authority in
either country, on such information or complaint,
and such evidence, or after such proceedings as
would, in the opinion of the person issuing the war-
rant, justify the issue of a warrant, if the crime had