THE NEW ZEALAND GAZETTE. 577

in the United Kingdom, he shall issue his warrant
accordingly.

When the fugitive shall have been apprehended in
virtue of such warrant, he shall be brought before
the Police Magistrate who issued it, 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 imme-
diately 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 Denmark.

II. In the case of a person convicted-
The course of proceeding shall be the same as in
the preceding case of a person accused, except that
the document to be produced by the Minister or
other Diplomatic Agent of His Danish Majesty
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
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 the 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
Denmark other than the Colonies or Foreign Posses-
sions of His said 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
the Minister for Foreign Affairs of His Majesty the
King of Denmark by the Minister or other Diplo-
matic Agent of Her Britannic Majesty at Copenhagen,
accompanied by (1) a warrant for the arrest of the
accused, issued by a Judge or Magistrate duly
authorized to take cognizance of the acts charged
against him in Great Britain; (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 Minister for Foreign Affairs of His Majesty
the King of Denmark shall transmit such requisition
for surrender to the Minister of Justice of His
Majesty the King of Denmark, who, after having
ascertained that the crime therein specified is one
of those enumerated in the present Treaty, and
satisfied himself that the evidence produced is such
as, according to Danish law, would justify the com-
mittal for trial of the individual demanded, if the
crime had been committed in Denmark, shall take
the necessary measures for causing the fugitive to be
delivered to the person charged to receive him by
the Government of Her Britannic Majesty.

II. In the case of a person convicted-
The course of proceeding shall be the same as in
the preceding case of a person accused, except that
the warrant to be transmitted by the Minister or
other Diplomatic Agent of Her Britannic Majesty
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 shall be
such as would, according to the laws of Denmark,
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
warrant, justify the issue of a warrant, if the crime
had been committed or the prisoner convicted in
that part of the dominions of the two Contracting
Parties in which he exercises his jurisdiction: Pro-
vided, however, that in the United Kingdom the
accused shall, in such case, be sent as speedily as
possible before a Police Magistrate in London; and
that in the dominions of His Majesty the King of
Denmark the case shall be immediately submitted to
the Minister of Justice of His Majesty the King of
Denmark; and provided, also, that the individual
arrested shall in either country be discharged, if
within fifteen 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
a 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
Kingdom), 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 Government
upon which it is made to be one of a political
character, or if in the United Kingdom 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, or in Denmark to
the satisfaction of the Minister of Justice of His
Majesty the King of Denmark, that the requisition
for his surrender has in fact been made with a view
to try or to punish him for an offence of a political
character.