THE NEW ZEALAND GAZETTE. 447

ARTICLE V.
No accused or convicted person shall be given up
if the offence for which he is claimed is political; or
if he proves that the demand for his surrender
has been made with the intention of trying and
punishing him for a political offence.

ARTICLE VI.
The extradition shall not be granted if, since
the commission of the crime, the commencement
of proceedings, or the conviction, such a length of
time has elapsed as to bar the penal prosecution
or the punishment, according to the laws of the
State to which application is made.

ARTICLE VII.
The accused or convicted person who has been
given up shall not, until he has been liberated, or
had an opportunity of returning to the country in
which he was living, be imprisoned or subjected to
trial in the State to which he has been given up, for
any crime or on any charge other than that on
account of which the extradition took place.

This does not apply to offences committed after
the extradition.

ARTICLE VIII.
If the individual claimed is under prosecution or
in custody for a crime committed in the country
where he has taken refuge, his surrender may be
deferred until the law has taken its course.

In case he should be proceeded against or detained
in such country on account of obligations contracted
with private individuals, or any other civil claim, his
surrender shall nevertheless take place, the injured
party retaining his right to prosecute his claims
against him before the competent authority.

ARTICLE IX.
The requisitions for extradition shall be made,
respectively, by means of the Diplomatic Agents of
the High Contracting Parties.

The demand for the extradition of an accused
person must be accompanied by a warrant of arrest
issued by the competent authority of the State
applying for the extradition, and by such proof as,
according to the law of the place where the fugitive
is found, would justify his arrest if the crime had
been committed there.

If the requisition relates to a person convicted,
it must be accompanied by the sentence of condem-
nation of the competent Court of the State applying
for the extradition.

The demand for extradition must not be founded
upon a sentence in contumacia.

ARTICLE X.
If the demand for extradition be made according
to the foregoing stipulations, the competent authori-
ties of the State to which the requisition is made
shall proceed to arrest the fugitive.

The prisoner shall be taken before the competent
Magistrate, who shall examine him, and make the
preliminary investigations of the affair, in the same
manner as if the arrest had taken place for a crime
committed in the same country.

ARTICLE XI.
In the examinations to be made in conformity with
the preceding stipulations, the authorities of the State
to which the demand is addressed shall admit, as
entirely valid evidence, the documents and depositions
taken on oath in the other State, or copies of them,
and likewise the warrants and sentences issued there,
provided that 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
stamped with the official seal of the Department of
Justice or some other Department of State.

ARTICLE XII.
If, within two months from the arrest of the accused,
sufficient evidence be not produced for his extradition,
he shall be liberated.

ARTICLE XIII.
The extradition shall not take place until the expira-
tion of fifteen days after the arrest, and then only if
the evidence has been found sufficient, according to
the laws of the State to which the demand is addressed,
to justify the committal of the prisoner for trial in
case the crime had been committed in the territory
of that State; or to show that the prisoner is the
identical person condemned by the Tribunals of the
State which demands him.

ARTICLE XIV.
If the prisoner be not given up and taken away
within two months from his apprehension, or from
the decision of the Court upon the demand for a writ
of habeas corpus in the United Kingdom, he shall be
set at liberty, unless sufficient cause be shown for the
delay.

ARTICLE XV.
If the individual claimed by one of the two con-
tracting parties, in conformity with the present
Treaty, should be also claimed by another or by
other States on account of crimes committed in their
territories, his surrender shall, in preference, be
granted according to priority of demand, unless an
agreement be made between the Governments which
make the requisition, either on account of the gravity
of the crimes committed, or for any other reason.

ARTICLE XVI.
Every article found in the possession of the
prisoner at the time of his arrest shall be seized,
in order to be delivered up with him. Such delivery
shall not be limited to the property or articles ob-
tained by the robbery or fraudulent bankruptcy, but
shall include everything that may serve as evidence
of the crime; and it shall take place even when the
extradition, after having been ordered, cannot take
effect, either on account of the escape or the death
of the delinquent.

ARTICLE XVII.
The High Contracting Parties renounce all claim
for repayment of the expenses incurred for the arrest
and maintenance of the person to be given up, and
for his conveyance on board a ship; such expenses
shall be borne by themselves respectively.

ARTICLE XVIII.
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 person
accused or condemned, who has taken refuge in any
such Colony or 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 residing in such Colony or Possession;
or, if the accused or condemned person has escaped
from a Colony or foreign Possession of the party on
whose behalf the requisition is made, the requisition
shall be made by the Governor or chief authority
of such Colony or Possession.

Such requisitions may be disposed of, in accord-
ance, as far as possible, with the stipulations of this
Treaty, by the respective Governors or chief authori-
ties, who, however, shall be at liberty either to grant
the extradition or to refer the matter to their own
Government.

Her Britannic Majesty shall nevertheless be at
liberty to make special arrangements in the British
Colonies and foreign Possessions for the surrender to
His Italian Majesty of criminals who may have taken
refuge in such Colonies or Possessions, always in con-