418
THE NEW ZEALAND GAZETTE.

The prisoner is then to be brought before a com-
petent Magistrate, who is to examine him and to con-
duct the preliminary investigation of the case, just
as if the apprehension had taken place for a crime
committed in the same country.

ARTICLE XI.

A fugitive criminal may, however, in urgent cases,
be arrested under a warrant of a Police Magistrate,
Judge of the Peace, or of any other competent
authority in either country, on such information or
complaint, or such evidence as would, in the opinion
of the person issuing the warrant, justify the issue of
a warrant if the crime had been committed or the
prisoner convicted in the district in which the
authority happens to be: Provided, however, that he
shall be discharged if, within the shortest time
possible, and at the utmost within fourteen days, a
requisition for his surrender in accordance with the
terms of Article IX. of this Treaty, is not made by the
Diplomatic Agent of the State which demands his
extradition.

ARTICLE XII.

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, in case
the crime had been committed in the territory of the
said State, or to prove that the prisoner is the
identical person convicted by the Courts of the State
which makes the requisition.

ARTICLE XIII.

In the examinations which they have to make in ac-
cordance with the foregoing stipulations, the authori-
ties 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 XIV.

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 XV.

All articles seized, which were in the possession of
the person to be surrendered at the time of his appre-
hension, shall, if the competent authority of the State
applied to for extradition has ordered the delivery
thereof, be given up when the extradition takes
place; and this delivery shall extend not only to
property of the accused, and to the stolen articles,
but also to everything which may serve as a proof
of the crime. If the extradition cannot be carried
out in consequence of the flight or death of the
individual who is claimed, the delivery of the above-
mentioned objects shall take place nevertheless.

ARTICLE XVI.

Each of the Contracting Parties shall defray the
expenses occasioned by the arrest within its terri-
tories, the detention, and the conveyance to its
frontier, of the persons to be surrendered in pur-
suance of this Treaty.

ARTICLE XVII.

The stipulations of the present Treaty shall be
applicable to the colonies and foreign possessions of
Her Britannic Majesty.

The requisition for the surrender of a fugitive
criminal who has taken refuge in any such colonies
or foreign possessions shall be made to the Governor
or chief authority of such colony or possession by
the Chief Consular Officer of Austria-Hungary in
such colony or possession.

Such requisitions may be disposed of, subject
always, as nearly as may be, to provisions of this
Treaty, by the said Governor or chief authority, who,
however, shall be at liberty either to grant the sur-
render, or to refer the matter to his Government.

Her Britannic Majesty shall, however, be at
liberty to make special arrangements in the British
colonies and foreign possessions for the surrender of
Austro-Hungarian criminals who may take refuge
within such colonies and foreign possessions, on the
basis, as nearly as may be, of the provisions of the
present Treaty.

The requisition for the surrender of a fugitive
criminal from any colony or foreign possession of
Her Britannic Majesty shall be governed by the rules
laid down in the preceding Articles of the present
Treaty.

ARTICLE XVIII.

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.

The Treaty shall be ratified, and the ratifications
shall be exchanged at Vienna as soon as possible.

In witness whereof, the respective Plenipoten-
tiaries have signed the same, and have affixed thereto
the seal of their arms.

Done at Vienna, the third day of December, in the
year of our Lord one thousand eight hundred and
seventy-three.

(L.S.) ANDREW BUCHANAN.
(L.S.) ANDRASSY.

And whereas the ratifications of the said Treaty
were exchanged at Vienna on the tenth instant:

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 thirtieth day of March, one thousand eight
hundred and seventy-four, the said Act shall apply
in the case of the said Treaty with the Emperor of
Austria.

(Signed) ARTHUR HELPS.

Colonial Secretary's Office,
Wellington, 24th June, 1874.

THE following Despatch, with enclosure, from
Commodore Goodenough, R.N., is published for
general information.

DANIEL POLLEN.

Her Majesty's Ship "Pearl,"
Sydney, 13th May, 1874.

SIR, I have the honor to forward for your Excel-
lency's information, an extract from the Report of
Proceedings of Captain Simpson, of Her Majesty's
ship "Blanche," during his visit to the Auckland
and Campbell Islands, in the end of February and
beginning of March, 1874.

I have, &c.,

J. G. GOODENOUGH,
Captain and Commodore (Second Class),
Commanding Australian Station.

To His Excellency
The Right Hon. Sir James Fergusson, Bart.,
Governor of New Zealand.