632
THE NEW ZEALAND GAZETTE.

SCHEDULE.

Approved in Council. WILLIAM H. REYNOLDS.

FORSTER GORING,
Clerk of the Executive Council.

Notice to Superintendent of Site reserved for
Telegraph Station in the City of Dunedin.

JAMES FERGUSSON, Governor.

TO JAMES MACANDREW, Esquire, Superintendent of
the Province of Otago.

NOTICE is hereby given, that the parcel of waste
lands of the Crown particularly specified and
described in the Schedule hereunder written is re-
quired for the purpose mentioned and set opposite
to the description of the said parcel of land in the
said Schedule, and that the same has been excepted
from sale and reserved to Her Majesty by the Order
in Council bearing the date mentioned in the second
column of the said Schedule.

SCHEDULE.

Despatch from the Secretary of State, with the Extra-
dition Act of 1873 enclosed.

Colonial Secretary's Office,
Wellington, 12th November, 1873.

THE following Despatch, with Enclosure, from
Her Majesty's Principal Secretary of State for
the Colonies, is published for general information.

WILLIAM H. REYNOLDS,
(for the Colonial Secretary).

[CIRCULAR.]

Downing Street,
22nd August, 1873.

SIR, —I transmit, for your information and guidance,
two copies of an Act passed during the recent Session
of Parliament, entitled "An Act to amend 'The
Extradition Act of 1870.' "

I have, &c.,
KIMBERLEY.

The Officer Administering
the Government of New Zealand,

CHAPTER LX.

AN ACT to amend "The Extradition Act, 1870."
[5th August, 1873.]

BE it enacted by the Queen's Most Excellent
Majesty, by and with the advice and consent of the
Lords Spiritual and Temporal, and Commons, in this
present Parliament assembled, and by the authority
of the same, as follows:—

1. This Act shall be construed as one with "The
   Extradition Act, 1870," (in this Act referred to as the
   principal Act); and the principal Act and this Act
   may be cited together as "The Extradition Acts, 1870
   and 1873," and this Act may be cited alone as "The
   Extradition Act, 1873."

2. Whereas by section six of the principal Act it
   is enacted as follows:—

"Where this Act applies in the case of any
foreign State, every fugitive criminal of that
State who is in or suspected of being in any
part of Her Majesty's dominions, or that part
which is specified in the order applying this
Act (as the case may be), shall be liable to be
apprehended and surrendered in manner pro-
vided by this Act, whether the crime in respect
of which the surrender is sought was com-
mitted before or after the date of the order,
and whether there is or is not any concurrent
jurisdiction in any Court of Her Majesty's
dominions over that crime."

And whereas doubts have arisen as to the applica-
tion of the said section to crimes committed before
the passing of the principal Act, and it is expedient
to remove such doubts, it is therefore hereby declared,
that

A crime committed before the date of the order
includes in the said section a crime committed
before the passing of the principal Act; and
the principal Act and this Act shall be con-
strued accordingly.

3. Whereas a person who is accessory before or
   after the fact, or counsels, procures, commands, aids,
   or abets the commission of any indictable offence, is
   by English law liable to be tried and punished as if
   he were the principal offender, but doubts have
   arisen whether such person as well as the principal
   offender can be surrendered under the principal Act,
   and it is expedient to remove such doubts; it is
   therefore hereby declared, that

Every person who is accused or convicted of
having counselled, procured, commanded,
aided, or abetted the commission of any extra-
dition crime, or of being accessory before or
after the fact to any extradition crime, shall
be deemed for the purposes of the principal
Act and this Act to be accused or convicted
of having committed such crime, and shall be
liable to be apprehended and surrendered
accordingly.

4. Be it declared, that the provisions of the prin-
   cipal Act relating to depositions and statements on
   oath taken in a foreign State, and copies of such
   original depositions and statements, do and shall
   extend to affirmations taken in a foreign State, and
   copies of such affirmations.

5. A Secretary of State may, by order under his
   hand and seal, require a Police Magistrate or a
   Justice of the Peace to take evidence for the pur-