✨ Treaty Text and Official Notices
10
THE NEW ZEALAND GAZETTE.
ARTICLE IX.
If the requisition for extradition be in accordance
with the foregoing stipulations, the competent
authorities of the State applied to shall proceed to
the arrest of the fugitive.
The prisoner is then to be brought before a
competent Magistrate, who is to examine him and to
conduct the preliminary investigation of the case,
just as if the apprehension had taken place for a
crime committed in the same country.
The extradition shall not take place before the
expiration of fifteen days from the apprehension, and
then only if the evidence be found sufficient, accord-
ing to the laws of the State applied to, either to
justify the committal of the prisoner for trial, or to
prove that the prisoner is the identical person con-
victed by the Courts of the State which makes the
requisition.
ARTICLE X.
In the examinations which they have to make, in
accordance with the foregoing stipulations, the
authorities of the State applied to shall admit as
entirely valid evidence the sworn depositions or
statements of witnesses taken in the other State,
or copies thereof, and likewise the warrants and
sentences issued therein, provided 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 by being sealed with the
official seal of the Minister of Justice, or some other
Minister of State.
ARTICLE XI.
If sufficient evidence for the extradition be not
produced within two months from the date of the
apprehension of the fugitive, he shall be set at
liberty.
ARTICLE XII.
All articles seized, which were in the possession of
the person to be surrendered at the time of his
apprehension shall, if the competent authority of the
State applied to for the extradition has ordered the
delivery thereof, be given up when the extradition
takes place; and the said delivery shall extend not
merely to the stolen articles, but to everything that
may serve as a proof of the crime.
ARTICLE XIII.
Each of the High Contracting Parties shall defray
and bear expenses incurred by it in the arrest,
maintenance, and conveyance of the individual to be
surrendered till placed on board ship, as well as in
keeping and conveying the articles which are to be
delivered up in conformity with the stipulations of
the preceding Article.
The individual to be surrendered shall be conveyed
to the port specified by the applying Government,
at whose expense he shall be taken on board the
ship to convey him away.
If it be necessary to convey the individual claimed
through the territories of another State, the expenses
incurred thereby shall be defrayed by the applying
State.
ARTICLE XIV.
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 fugitive
criminal who has taken refuge in the Colony or
foreign 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
in such Colony or Possession; or, if the fugitive has
escaped from a Colony or Foreign Possession of the
Party on whose behalf the requisition is made, by
the Governor or Chief Authority of such Colony or
Possession.
Such requisitions may be disposed of, subject
always, as nearly as may be, to the provisions of
this Treaty, by the respective Governors or Chief
Authorities, who, however, shall be at liberty either
to grant the surrender, or to refer the matter to
their Government.
Her Britannic Majesty shall, however, be at liberty
to make special arrangements in the British Colonies
and Foreign Possessions for the surrender of Swedish
and Norwegian criminals who may there take refuge,
on the basis, as nearly as may be, of the provisions of
the present Treaty.
ARTICLE XV.
The present Treaty shall come into force ten days
after its publication, in conformity with the forms
prescribed by the laws of the High Contracting
Parties. It may be terminated by either of the
High Contracting Parties, but shall remain in force
for six months after notice has been given for its
termination.
ARTICLE XVI.
The present Treaty shall be ratified, and the
ratifications shall be exchanged at Stockholm, as
soon as may be possible.
In witness whereof the respective Plenipotentiaries
have signed the same, and have affixed thereto their
seals.
Done at Stockholm the twenty-sixth day of June,
in the year of our Lord one thousand eight hundred
and seventy-three.
And whereas the ratifications of the said Treaty
were exchanged at Stockholm on the twenty-eighth
ultimo:
Now, therefore, Her Majesty, by and with the
advice of Her Privy Council, and in virtue of the
authority committed to Her by the said recited Act,
doth order, and it is hereby ordered, that from and
after the seventeenth day of October, one thousand
eight hundred and seventy-three, the said Act shall
apply in the case of the said Treaty with the King
of Sweden and Norway. EDMUND HARRISON.
Consul for Italy appointed.
Colonial Secretary's Office,
Wellington, 7th January, 1874.
THE following extract from the London Gazette is
published for general information.
WILLIAM H. REYNOLDS,
(in absence of the Colonial Secretary).
Foreign Office, 15th April, 1873.
THE Queen has also been pleased to approve of
Cavalière Luigi Marinucci as Consul at Melbourne,
with jurisdiction over Victoria, South Australia, the
Islands in Bass's Straits, Van Dieman's Land, and
New Zealand, for His Majesty the King of Italy.
Delegation of Governor's Powers to Superintendent
of Nelson.
Colonial Secretary's Office,
Wellington, 7th January, 1874.
HIS Excellency the Governor has been pleased to
delegate, under "The Waste Lands Act, 1858,"
to the Superintendent of the Province of Nelson,
within the Province, the powers vested in the
Governor by section 14 of the said Act, subject to
be rescinded as in the said Act provided.
W. H. REYNOLDS,
(in absence of the Colonial Secretary).
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✨ LLM interpretation of page content
🏛️
Continuation of Extradition Treaty Articles IX to XVI and Order in Council
(continued from previous page)
🏛️ Governance & Central Administration4 January 1874
Extradition, Treaty, Sweden, Norway, Fugitive Criminals, Order in Council, Ratification
- EDMUND HARRISON
🌏 Approval of Cavalière Luigi Marinucci as Consul for Italy
🌏 External Affairs & Territories7 January 1874
Consul, Italy, Melbourne, Victoria, South Australia, New Zealand, Appointment
- Luigi Marinucci (Cavalière), Appointed Consul for Italy
- WILLIAM H. REYNOLDS (in absence of the Colonial Secretary)
🏘️ Delegation of Governor's Powers to Superintendent of Nelson
🏘️ Provincial & Local Government7 January 1874
Governor's powers, Delegation, Waste Lands Act 1858, Superintendent, Nelson Province
- W. H. REYNOLDS (in absence of the Colonial Secretary)
NZ Gazette 1874, No 1