446
THE NEW ZEALAND GAZETTE.

[CIRCULAR.]
Downing Street, 10th April, 1873.
SIR,—I have the honor to transmit to you, for publi-
cation in the Colony under your Government, a copy
of a Treaty between Her Majesty and the King of
Italy for the mutual surrender of Fugitive Criminals,
together with a copy of the Order in Council of the
24th March last, for carrying into effect that Treaty.
I have, &c.,
KIMBERLEY.

The Officer Administering
the Government of New Zealand.

EXTRADITION.
ORDER IN COUNCIL, DATED MARCH 24TH, 1873, FOR
CARRYING INTO EFFECT A TREATY BETWEEN HER
MAJESTY AND THE KING OF ITALY FOR THE
MUTUAL SURRENDER OF FUGITIVE CRIMINALS,
SIGNED AT ROME, FEBRUARY 5, 1873.

At the Court at Windsor, the 24th day of March,
1873.
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 agree-
ment 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 con-
ditions, exceptions, and qualifications as may be
deemed expedient:

And whereas a Treaty was concluded on the fifth
day of February last between Her Majesty and the
King of Italy 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 Italy, having judged it expedient, with a view to
the better administration of justice, and to the pre-
vention of crime within their respective territories,
that persons charged with or convicted of the crimes
hereinafter enumerated, and being fugitives from
justice, should, under certain circumstances, be reci-
procally 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, Sir Augustus Berkeley
Paget, Her Majesty's Envoy Extraordinary and
Minister Plenipotentiary to His Majesty the King of
Italy;

And His Majesty the King of Italy, the Noble
Emilio Visconti Venosta, Deputy in the Parliament,
and Minister Secretary of State for Foreign Affairs;

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 reciprocally any persons who, being
accused or convicted of any of the crimes specified in
the Article following, committed within the territory
of either of the said Parties, shall be found within
the territory of the other, in the manner and under
the conditions determined in the present Treaty.

ARTICLE II.

The crimes for which the extradition is agreed to
are the following:—

1. Murder, or attempt or conspiracy to murder,
   comprising the crimes designated by the Italian
   Penal Code as the association of criminals for the
   commission of such offences.
2. Manslaughter, comprising the crimes designated
   by the Italian Penal Code as wounds and blows
   wilfully inflicted which cause death.
3. Counterfeiting or altering money, and uttering
   or bringing into circulation counterfeit or altered
   money.
4. Forgery, counterfeiting, or altering, or uttering
   of the thing or document that is forged or counter-
   feited or altered.
5. Larceny, or unlawful abstraction or appropria-
   tion.
6. Obtaining money or goods by false pretences
   (cheating or fraud).
7. Fraudulent bankruptcy.
8. Fraud, abstraction, or unlawful appropriation,
   by a bailee, banker, agent, factor, trustee, director, or
   member, or officer of any public or private company
   or house of commerce.
9. Rape.
10. Abduction.
11. Child-stealing.
12. Burglary and housebreaking, comprising the
    crimes designated by the Italian Penal Code as entry
    by night, or even by day, with fracture or escalade,
    or by means of false key or other instrument, into
    the dwelling of another person, with intent to commit
    a crime.
13. Arson.
14. Robbery with violence.
15. Threats by letter or otherwise, with intent to
    extort money or anything else.
16. Piracy, according to international law, when
    the pirate, a subject of neither of the High Con-
    tracting Parties, has committed depredations on the
    coasts, or on the high seas, to the injury of citizens
    of the requiring party, or when, being a citizen of
    the requiring party, and having committed acts of
    piracy, to the injury of a third State, he may be
    within the territory of the other party, without being
    subjected to trial.
17. Sinking or destroying, or attempting to sink or
    destroy, a vessel at sea.
18. Assaults on board a ship on the high seas with
    intent to kill or to do grievous bodily harm.
19. Revolt or conspiracy by two or more persons
    on board a ship on the high seas, against the
    authority of the master.
    Accomplices before the fact in any of these crimes
    shall, moreover, also be delivered up, provided their
    complicity be punishable by the laws of both the
    contracting parties.

ARTICLE III.

The Italian Government shall not deliver up
any Italian to the United Kingdom; and no subject
of the United Kingdom shall be delivered up by it to
the Italian Government.

ARTICLE IV.

In any case where an individual convicted or
accused shall have obtained naturalization in either
of the two contracting States after the commission of
the crime, such naturalization shall not prevent the
search for, arrest, and delivery of the individual.
The extradition may, however, be refused if five
years have elapsed from the concession of natural-
ization, and the individual has been domiciled, from
the concession thereof, in the State to which the
application is made.