576

THE NEW ZEALAND GAZETTE.

[CIRCULAR.]
Downing Street, 9th July, 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
Denmark for the mutual surrender of Fugitive
Criminals, as well as a copy of the Order in Council
of the 26th June last, for carrying into effect that
Treaty.

I have, &c.,
KIMBERLEY.

The Officer Administering
the Government of New Zealand.

At the Court at Windsor, the 26th day of June, 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
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 crimi-
nals who are in or suspected of being in the part of
Her Majesty's dominions specified in the Order, and
render the operations thereof subject to such con-
ditions, exceptions, and qualifications as may be
deemed expedient:

And whereas a Treaty was concluded on the thirty-
first day of March last between Her Majesty and
the King of Denmark 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 Denmark, having judged it expedient, with a view
to the better administration of justice and to the
prevention of crime within their respective territories
and jurisdictions, that persons charged with or con-
victed of the crimes hereinafter enumerated, and
being fugitives from justice, should, under certain cir-
cumstances, 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, Sir Charles Lennox
Wyke, Knight Commander of the Most Honorable
Order of the Bath, Her Envoy Extraordinary and
Minister Plenipotentiary to His Majesty the King
of Denmark;

And His Majesty the King of Denmark, Baron
Otto Ditley Rosenörn-Lehn, Knight Commander of
the Order of the Danebrog and Danebrogsmand,
His Majesty's Minister for 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 Denmark shall, on requisition
made in their name by their respective Diplomatic
Agents, deliver up to each other reciprocally any
persons, except native-born or naturalized subjects
of the Party upon whom the requisition may be
made, who, being accused or convicted 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, or attempt or conspiracy to murder.
2. Manslaughter.
3. Counterfeiting or altering money, or uttering
   counterfeit or altered money.
4. Forgery, or 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 laws.
8. Fraud by a bailee, banker, agent, factor, trustee,
   or director, or member or public officer of any com-
   pany, 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.
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 com-
mission of the crime shall be so established as that
the laws of the country where the fugitive or person
so accused shall be found would justify his appre-
hension 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.

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-
matic Agent of His Majesty the King of Denmark at
London, accompanied by (1) a warrant or other
equivalent judicial document for the arrest of the
accused, issued by a Judge or Magistrate duly
authorized to take cognizance of the acts charged
against him in Denmark; (2) duly authenticated
depositions or statements taken on oath before such
Judge or Magistrate, clearly setting forth the acts on
account of which the fugitive is demanded; and (3) a
description of the person claimed, and any other
particulars which may serve to identify him. The
said Secretary of State shall transmit such docu-
ments to Her Britannic Majesty's Principal Secre-
tary 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 requi-
sition 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