THE NEW ZEALAND GAZETTE.
9

Great Britain and Ireland, and His Majesty the King
of Sweden and Norway, having judged it expedient,
with a view to the better administration of justice,
and to the more complete prevention of crime within
the respective countries, that persons charged with
or convicted of the crimes hereinafter enumerated,
and being fugitives from justice, should, under
certain circumstances, be reciprocally delivered up;
their said Majesties have named as their Plenipoten-
tiaries to conclude a Treaty for this purpose; that is
to say :-

Her Majesty the Queen of the United Kingdom of
Great Britain and Ireland, the Honorable Edward
Morris Erskine, a Companion of the Most Honor-
able Order of the Bath, Her Majesty's Envoy
Extraordinary and Minister Plenipotentiary to His
Majesty the King of Sweden and Norway:

And His Majesty the King of Sweden and Norway,
Henrick Wilhelm Bredberg, Grand Cross of the
Order of the Polar Star, His Majesty's Councillor of
State and Acting Minister for Foreign Affairs;

Who, after having communicated to each other
their respective full powers, found in good and due
form, have agreed upon and concluded the following
Articles:-

ARTICLE I.

The High Contracting Parties engage to deliver up
to each other those persons who, being accused or
convicted of a crime committed in the territory of the
one Party, shall be found within the territory of the
other Party, under the circumstances and conditions
stated in the present Treaty.

ARTICLE II.

The crimes for which the extradition is to be
granted are the following :—

1. Murder (child-murder and poisoning included)
   or attempt to murder.

2. Manslaughter.

3. Counterfeiting or altering money, uttering or
   bringing into circulation knowingly counterfeit or
   altered money.

4. Forgery or counterfeiting or altering or uttering
   what is forged, or counterfeited, or altered, compre-
   hending the crimes designated in the Swedish and
   Norwegian penal codes as counterfeiting or falsifica-
   tion of paper money, bank notes, or other securities,
   forgery or falsification of other public or private
   documents, likewise the uttering or bringing into
   circulation or wilfully using such counterfeited,
   forged, or falsified papers.

5. Embezzlement or larceny.

6. Obtaining money or goods by false pretences,
   except as regards Norway, cases in which the crime
   is not accompanied by aggravating circumstances
   according to the law of that country.

7. Crimes by bankrupts against bankruptcy law.

8. Fraud by a baillee, banker, agent, factor,
   trustee, or director, or member or public officer of
   any company, 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; except, as regards Norway, cases in which
    this crime is not punishable by the laws of that
    country.

16. Sinking or destroying a vessel at sea, or
    attempting to do so.

17. Assaults on board a ship on the high seas, with
    intent to destroy life or to do grievous bodily harm.

18. Revolt, or conspiracy to revolt, by two or more
    persons on board a ship on the high seas against the
    authority of the master; except, as regards Norway,
    conspiracy to revolt.

The extradition is also to take place for participa-
tion in any of the aforesaid crimes, provided such
participation be punishable by the laws of both the
Contracting Parties.

ARTICLE III.

No Swedish or Norwegian subject shall be de-
livered up to the Government of the United King-
dom; and no subject of the United Kingdom shall
be delivered up to the Swedish or Norwegian
Government.

ARTICLE IV.

The extradition shall not take place if the person
claimed has already been tried and discharged or
punished, or is still under trial in the country where
he has taken refuge, for the crime for which his
extradition is demanded.

If the person claimed should be under examination
for any other crime in the country where he has
taken refuge, his extradition shall be deferred until
the conclusion of the trial, and the full execution of
any punishment awarded to him.

ARTICLE V.

The extradition shall not take place if, subsequently
to the commission of the crime, or the institution of
the penal prosecution, or the conviction thereon,
exemption from prosecution or punishment has been
acquired by lapse of time, according to the laws of
the country where the criminal has taken refuge.

ARTICLE VI.

A fugitive criminal shall not be surrendered if the
offence in respect of which his surrender is demanded,
is one of a political character, or if he prove that the
requisition for his surrender has in fact been made
with a view to try or punish him for an offence of a
political character.

ARTICLE VII.

A person surrendered by either of the High Con-
tracting Parties to the other, cannot, 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 crime committed in the other
country other than that on account of which the ex-
tradition shall have taken place.

This stipulation does not apply to crimes com-
mitted after the extradition.

ARTICLE VIII.

The requisitions for extradition shall be made
through the Diplomatic Agents of the High Con-
tracting Parties respectively.

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

If the requisition relates to a person already con-
victed, it must be accompanied by the sentence of
condemnation passed against the convicted person
by the competent Court of the State that makes
the requisition for extradition.

The requisition ought, as far as possible, to be
accompanied by a description of the person accused
or convicted, in order to identify him,

A requisition for extradition cannot be founded on
sentences passed in contumaciam.