176
THE NEW ZEALAND GAZETTE.

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 criminals who are in or suspected of being
in the part of Her Majesty's dominions specified in
the order, and render the operation thereof subject
to such conditions, exceptions, and qualifications as
may be deemed expedient:

And whereas a Treaty was concluded on the
thirteenth day of November, one thousand eight
hundred and seventy-two, between Her Majesty and
the Emperor of Brazil 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
Emperor of Brazil, having judged it expedient, with
a view to the better administration of justice, and to
the prevention of crime within their respective terri-
tories and jurisdictions, that persons accused, or
convicted, of the crimes hereinafter enumerated, being
fugitives from justice, should under certain circum-
stances be reciprocally delivered up, have resolved to
name their Plenipotentiaries for the celebration of a
Treaty for this purpose, that is to say,-

Her Majesty the Queen of the United Kingdom
of Great Britain and Ireland, George Buckley
Mathew, Esquire, Companion of the Most Honor-
able Order of the Bath, Her Envoy Extraordinary
and Minister Plenipotentiary to His Majesty the
Emperor of Brazil;

And His Majesty the Emperor of Brazil, the
Marquis of S. Vicente, a Counsellor of State, Digni-
tary of the Order of the Rose, Senator and Grandee
of the Empire;

Who, 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, reciprocally, those persons who, being accused or
convicted of having committed crime in the territory
of the one Party, shall be found within the territory
of the other, under the circumstances and conditions
that are laid down in the present Treaty.

ARTICLE II.

The crimes for which the extradition shall be
granted are the following:---

1. Murder, or attempt to murder.
2. Manslaughter.
3. Illegal fabrication, counterfeiting, or falsification,
   uttering or bringing into circulation counterfeit or
   falsified money.
4. Forgery, or imitation, counterfeiting or falsifi-
   cation, of any document or paper (comprising the
   crimes designated in the criminal code of Brazil as
   imitation, counterfeiting, or falsification of paper
   money, notes of banks, or other securities public or
   private, as well as the intentional use or the bringing
   into circulation of any papers imitated, counterfeited,
   or falsified.
5. The purloining or embezzlement of moneys or
   effects, public or private, by abuse of confidence.
6. Frauds, or false or fraudulent pretences, to
   obtain moneys or effects from another.
7. Bankruptcies subject to criminal prosecution,
   according to the laws applicable thereunto.
8. Malversation or fraud committed by a bailee,
   banker, agent, factor, trustee, or director, or member,
   or officer of any Company, made criminal by any law
   in force.
9. Rape, by force or threats.
10. Abduction.
11. Child-stealing.
12. Housebreaking, with intent to steal or to
    commit other crimes.
13. Crimes resulting from the act of wilfully
    setting fire to a house, or to buildings connected
    therewith, to the prejudice of another.
14. Robbery with violence.
15. Piracy according to the law of nations.
16. Sinking or destroying a vessel on the high seas,
    or the attempt to perpetrate such acts.
17. Crimes arising from assault on board a ship on
    the high seas, with intent to cause death, or grievous
    bodily injuries.
18. Crimes arising from the revolt of two or more
    persons on board a ship on the high seas, against the
    authority of the captain.
19. Extradition will also take place for participation
    in any of the above-named crimes, provided that such
    participation shall be punishable by the laws of both
    the States of the High Contracting Powers.

ARTICLE III.

No British subject shall be delivered up by the
Government or authorities of the United Kingdom
to the Government or authorities of the Empire; and
in like manner no Brazilian subject shall be delivered
up by the Government or authorities of the Empire
to the Government or authorities of the United
Kingdom.

If, however, the person who has taken refuge in
the territory of the other High Contracting Party
shall have become naturalized there after the per-
petration of the crime, such naturalization shall not
be an obstacle to his extradition according to the
stipulations of this Treaty.

ARTICLE IV.

The extradition shall not take place if the person
claimed has already been tried and acquitted, or
punished, or if he is under trial, for the same
crime for which extradition is asked. If he should
be under trial for any other crime, his extradition
shall be deferred until the conclusion of the trial,
and the fulfilment of the punishment, when such
may have been awarded.

ARTICLE V.

The extradition shall also not take place if, after
the perpetration of the crime, or the institution of
the penal prosecution, or the conviction thereon, the
refugee shall have acquired exemption from prosecu-
tion, or punishment, by lapse of time, according to
the laws of the State appealed to.

ARTICLE VI.

The person claimed shall not be delivered up for
crimes of a political character; and when he shall
have been delivered up on other grounds, he shall
not be punished for anterior political crimes. He
shall not, moreover, be delivered up if he can clearly
prove that the requisition is made with the object of
trying him, or of punishing him, for a political
crime.

ARTICLE VII.

A person surrendered cannot be kept in prison, or
brought to trial, in the State to which the surrender
is made, for any other crime, or on account of any
other matters, than those for which the extradition