THE NEW ZEALAND GAZETTE.
417

4. Forgery or counterfeiting, or altering or uttering
   what is forged or counterfeited or altered; com-
   prehending the crimes designated in the Austrian
   Penal Laws or in the Hungarian Penal Laws and
   Customs as counterfeiting or falsification 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.
   The definition is to be determined accordingly with
   the Austrian Penal Laws if the extradition shall take
   place from Austria, and accordingly with the Hun-
   garian Penal Laws and Customs if the extradition
   shall take place from Hungary.
5. Embezzlement or larceny.
6. Obtaining money or goods by false pretences.
7. Crimes against bankruptcy law: comprehending
   the crimes considered as frauds committed by the
   bankrupt in connection with the bankruptcy, accord-
   ing with the Austrian Penal Laws if the extradition
   shall take place from Austria, and with the Hun-
   garian Penal Laws if the extradition shall take place
   from Hungary.
8. Fraud by a bailee, banker, agent, factor, trustee,
   or director or member or public officer of any com-
   pany, made criminal by any law for the time being in
   force.
9. Rape.
10. Abduction.
11. Child-stealing, kidnapping, and false imprison-
    ment.
12. Burglary or housebreaking.
13. Arson.
14. Robbery with violence or with menaces.
15. Threats by letter or otherwise, with intent to
    extort.
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.
19. Perjury or subornation of perjury.
20. Malicious injury to property, if the offence be
    indictable.

The extradition is also to take place for partici-
pation in any of the aforesaid crimes, as accessory
either before or after the fact, provided such partici-
pation be punishable by the laws of both the
Contracting Parties.

In all these cases the extradition will only take
place from the Austro-Hungarian States when the
crimes, if committed in Austria, would, according to
Austrian law, constitute a "Verbrechen," or, if com-
mitted in Hungary, would, according to the laws and
customs being in force in Hungary, constitute a
crime ("buntett"); the extradition from Great
Britain only when the crimes, if committed in
England, or within English jurisdiction, would con-
stitute an extradition crime, as described in the
Extradition Acts of 1870 and 1873.

ARTICLE III.

In no case and on no grounds whatever shall the
High Contracting Parties be held to concede the
extradition of their own subjects.

ARTICLE IV.

The extradition shall not take place if the person
claimed on the part of the Government of the United
Kingdom, or the person claimed on the part of the
Government of Austria-Hungary, has already been
tried and discharged or punished, or is still under
trial, in the Austro-Hungarian dominions or in the

United Kingdom, respectively, for the crime for
which his extradition is demanded.
If the person claimed on the part of the Govern-
ment of the United Kingdom, or if the person claimed
on the part of the Government of Austria-Hungary,
should be under examination for any other crime in
the Austro-Hungarian dominions or in the United
Kingdom, respectively, his extradition shall be de-
ferred until the conclusion of the trial, and the full
execution of any punishment awarded to him.
Should an individual whose extradition is demanded
be at litigation, or be detained in the country on
account of private obligations, his surrender shall
nevertheless be made, the injured party retaining
the right to prosecute his claims before the competent
authority.

ARTICLE V.

The extradition shall not take place if, with respect
to the crime for which it is demanded, and according
to the laws of the country applied to, criminal pro-
secution and punishment has lapsed.

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.

If an individual whose extradition is demanded by
either of the High Contracting Parties, in accordance
with the terms of this Treaty, be also claimed by one
or several other Powers on account of other crimes
committed on their territory, he shall be surrendered
to the Government in whose territory his gravest
crime was committed; and if his crimes are all of the
same gravity, or a doubt exists as to which is the
gravest, to the Government which first made applica-
tion for his surrender.

ARTICLE VIII.

A surrendered person shall in no case be kept in
arrest or subjected to examination in the State to
which he has been surrendered on account of another
previous crime, or any other grounds than those of
his surrender, unless such person has, after his sur-
render, had an opportunity of returning to the
country whence he was surrendered, and has not
made use of this opportunity, or unless he, after
having returned there, reappears in the country to
which he has already been surrendered.
This stipulation does not refer to crimes committed
after surrender.

ARTICLE IX.

Requisitions for surrender shall be made by the
Diplomatic Agents of the High Contracting Parties..
To the requisition for the surrender of an accused
person there must be attached a warrant issued by
the competent authorities of the State which demands
extradition, and such proofs as would, according to
the laws of the place where the accused was found,
justify his arrest if the crime had been committed
there.
If the requisition refers to a person already con-
victed, the sentence passed by the competent Tribunal
of State demanding his surrender must be produced.
No requisition for surrender can be based on a
conviction in contumaciam.

ARTICLE X.

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.