THE NEW ZEALAND GAZETTE. 727

form, have agreed upon and concluded the following
Articles :-

ARTICLE I.
It is agreed that Her Britannic Majesty and His
Majesty the King of the Netherlands shall, on
requisition made in their name by their respective
Diplomatic Agents, deliver up to each other recipro-
cally, any persons who, being accused or convicted of
any of the crimes hereinafter specified, committed
within the jurisdiction of the requiring party, shall
be found within the territories of the other party.

ARTICLE II.
The crimes for which the extradition is to be
granted are the following:-

1. Murder (including assassination, parricide,
   infanticide, and poisoning), or attempt to murder.
2. Manslaughter.
3. Counterfeiting or altering money, or uttering
   counterfeit or altered money.
4. Forgery, counterfeiting or altering of public or
   private documents, including forgery, counterfeiting
   or altering of paper money, bank notes, or other
   public securities.
5. Embezzlement or larceny, comprehending any
   larceny that by the Netherland Penal Law is not
   considered as "vol simple."
6. Obtaining money or goods by false pretences,
   including the crimes designated in the Netherland
   Penal Law as peculation, abstraction, or misapplica-
   tion by bailies or public accountants.
7. Crimes against Bankruptcy Law which by the
   Netherland Penal Law are considered as fraudulent
   bankruptcy.
8. Perjury.
9. Rape.
10. Arson.

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 subject of the Netherlands shall be given up
by the Government of the Netherlands to the Go-
vernment of the United Kingdom; and no subject
of the United Kingdom shall be delivered up by the
Government thereof to the Government of the
Netherlands.

With reference to the application to the present
Treaty, are comprised in the denomination of "sub-
jects," not only naturalized citizens of the country,
but also such foreigners as, according to the laws of
either of the Contracting Parties, are assimilated to
subjects, as well as such foreigners, who being domi-
ciled in the country, and having married a citizen
thereof, have one or more children by that marriage
born there.

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 the Netherlands, has already been
tried and discharged or punished, or is still under
trial, in the Netherlands 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 the
Netherlands, should be under examination for any
other crime in the Netherlands or in the United
Kingdom respectively, his extradition shall be
deferred until the conclusion of the trial and the
full execution of any punishment awarded to him.
The extradition shall also be deferred if the

person claimed should be detained for debt by a
sentence passed before the requisition for the sur-
render, under the laws of the country where he shall
be found.

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 State applied to.

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 to punish him
for an offence of a political character.

ARTICLE VII.
A person surrendered can in no case be kept in
prison, or be brought to trial in the State to which
the surrender has been made, for any other crime or
on account of any other matters than those for which
the extradition shall have taken place, until he has
been restored or has had the opportunity of returning
to the country from whence he was surrendered.
The period of one month shall be considered as
the limit of the period during which the prisoner
may, with the view of securing the benefits of this
Article, return to the country from whence he was
surrendered.
This stipulation does not apply to crimes com-
mitted after the extradition.

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

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,
according to the laws of the country in which he is
found.

ARTICLE X.
The extradition shall not take place before the
expiration of fifteen days from the committal, and
then only if the evidence produced in due time be
found sufficient according to the laws of the State
applied to.

ARTICLE XI.
A fugitive criminal may, however, be apprehended
under a warrant issued by any Police Magistrate,
Justice of the Peace, or other competent authority
in either country, on such information or complaint,
and such evidence, or after such proceedings as