20
THE NEW ZEALAND GAZETTE.
been committed or the prisoner convicted in that
part of the dominions of the two contracting parties
in which he exercises jurisdiction: Provided how-
ever that, in the United Kingdom, the accused shall
in such case be sent as speedily as possible before a
Police Magistrate in London. He shall be discharged,
as well in the United Kingdom as in Belgium, if
within fourteen days a requisition shall not have
been made for his surrender by the Diplomatic Agent
of his country, in the manner directed by Articles II.
and III. of this Treaty.

The same rule shall apply to the cases of persons
accused or convicted of any of the crimes specified
in this Treaty, committed on the high seas, on board
any vessel of either country which may come into a
port of the other.

ARTICLE V.

If the fugitive criminal who has been committed
to prison be not surrendered and conveyed away
within two months after such committal (or within
two months after the decision of the Court upon the
return to a writ of habeas corpus in the United King-
dom), he shall be discharged from custody, unless
sufficient cause be shown to the contrary.

ARTICLE VI.

When any person shall have been surrendered by
either of the High Contracting Parties to the other,
such person shall not, until he has been restored or
had an opportunity of returning to the country from
whence he was surrendered, be triable or tried for
any offence committed in the other country prior to
the surrender, other than the particular offence on
account of which he was surrendered.

ARTICLE VII.

No accused or convicted person shall be surren-
dered, if the offence in respect of which his surrender
is demanded shall be deemed by the Party upon
which it is made to be a political offence, or to be an
act connected with (connexe à) such an offence, or if
he prove to the satisfaction of the Police Magistrate,
or of the Court before which he is brought on habeas
corpus, or to the Secretary of State, that the requisi-
tion for his surrender has in fact been made with a
view to try or to punish him for an offence of a
political character.

ARTICLE VIII.

Warrants, depositions, or statements on oath,
issued or taken in the dominions of either of the two
High Contracting Parties, and copies thereof, and
certificates of or judicial documents stating the fact
of conviction, shall be received in evidence in
proceedings in the dominions of the other, if
purporting to be signed or certified by a Judge,
Magistrate, or officer of the country where they were
issued or taken.

Provided such warrants, depositions, statements,
copies, certificates, and judicial documents are authen-
ticated 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 IX.

The surrender shall not take place if, since the
commission of the acts charged, the accusation, or
the conviction, exemption from prosecution or punish-
ment has been acquired by lapse of time, according
to the laws of the country where the accused shall
have taken refuge.

ARTICLE X.

If the individual claimed by one of the two High
Contracting Parties in pursuance of the present
Treaty should be also claimed by one or several other
Powers, on account of other crimes committed upon
their respective territories, his surrender shall be
grauted to that State whose demand is earliest in
date; unless any other arrangement should be made
between the Governments which have claimed him,
either on account of the gravity of the crimes com-
mitted, or for any other reasons.

ARTICLE XI.

If the individual claimed should be under prosecu-
tion, or condemned for a crime or offence committed
in the country where he may have taken refuge, his
surrender may be deferred until he shall have been
set at liberty in due course of law.

In case he should be proceeded against or detained
in such country on account of obligations contracted
towards private individuals, his surrender shall never-
theless take place, the injured party retaining his
right to prosecute his claims before the competent
authority.

ARTICLE XII.

Every article found in the possession of the indi-
vidual claimed at the time of his arrest, shall; if the
competent authority so decide, be seized, in order to
be delivered up with his person at the time when the
surrender shall be made. Such delivery shall not be
limited to the property or articles obtained by steal-
ing or by fraudulent bankruptcy, but shall extend to
everything that may serve as proof of the crime. It
shall take place even when the surrender, after
having been ordered, shall be prevented from taking
place by reason of the escape or death of the indi-
vidual claimed.

The rights of third parties with regard to the said
property or articles are nevertheless reserved.

ARTICLE XIII.

Each of the High Contracting Parties shall defray
the expenses occasioned by the arrest within its
territories, the detention, and the conveyance to its
frontier, of the persons whom it may consent to
surrender in pursuance of the present Treaty.

ARTICLE XIV.

The stipulations of the present Treaty shall be
applicable to the Colonies and foreign Possessions of
the two High Contracting Parties.

The requisition for the surrender of a fugitive
criminal who has taken refuge in a Colony or foreign
Possession of either Party, shall be made to the
Governor or Chief Authority of such Colony or
Possession by the Chief Consular Officer of the other
in such Colony or Possession; or, if the fugitive has
escaped from a Colony or foreign Possession of the
Party on whose behalf the requisition is made, by the
Governor or Chief Authority of 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 respective Governors or Chief
Authorities, who, however, shall be at liberty either
to grant the surrender, or to refer the matter to
their Government.

Her Britannic Majesty shall, however, be at
liberty to make special arrangements in the British
Colonies and Foreign Possessions for the surrender
of Belgian criminals who may there take refuge, on
the basis, as nearly as may be, of the provisions of
the present Treaty.

ARTICLE XV.

The present Treaty shall come into operation ten
days after its publication in conformity with the laws
of the respective countries.

Either Party may at any time terminate the
Treaty on giving to the other six months' notice of
its intention.

ARTICLE XVI.

The present Treaty shall be ratified, and the
Ratifications shall be exchanged at Brussels as soon
as may be within six weeks from the date of signa-
ture.

In witness whereof, the respective Plenipotentiaries