THE NEW ZEALAND GAZETTE. 477

then the Court appointed for that day shall be
holden on the first day thereafter not being a
holiday.
Issued this twelfth day of July, one thousand
eight hundred and seventy-five.
CHARLES C. BOWEN.

Despatch from the Secretary of State.

Colonial Secretary's Office,
Wellington, 10th July, 1875.

THE following despatch, with its enclosure, from
Her Majesty's Principal Secretary of State for
the Colonies, is published for general information.
DANIEL POLLEN.

[CIRCULAR.]

Downing Street, 3rd March, 1875.

SIR, I have the honor to transmit to you, for pub-
lication in the colony under your Government, a
copy of a Treaty between Her Majesty and the Swiss
Confederation for the mutual surrender of fugitive
criminals, as well as a copy of the Order in Council
of the 4th ultimo, for carrying into effect that Treaty,
which came into operation on the 1st instant.

I have, &c.,
CARNARVON.

The Officer Administering
the Government of New Zealand.

At the Court at Osborne House, Isle of Wight,
the 4th day of February, 1875.

Present:

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS by an Act of Parliament made and passed
in the Session of Parliament holden in the thirty-
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 thirty-
first day of March last between Her Majesty and the
Swiss Confederation, for the Mutual Extradition of
Fugitive Criminals, which Treaty is in the terms fol-
lowing:-

Her Majesty the Queen of the United Kingdom of
Great Britain and Ireland, and the Swiss Confedera-
tion, having judged it expedient, with a view to the
better administration of justice and to the prevention
of crime within their respective territories and juris-
dictions, that persons charged with or convicted
of the crimes hereinafter enumerated, and being
fugitives from justice, should under certain circum-
stances be reciprocally delivered up, have named as
their Plenipotentiaries to conclude a Treaty for this
purpose, that is to say,-

Her Majesty the Queen of the United Kingdom
of Great Britain and Ireland, Alfred Guthrie Graham
Bonar, Esquire, Her Envoy Extraordinary and Minis-
ter Plenipotentiary to the Swiss Confederation;

And the Federal Council of the Swiss Confedera-
tion, Joseph Martin Knüsel, Member of the Swiss
Federal Council;
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 (including infanticide), and attempt to
   murder.
2. Manslaughter.
3. Counterfeiting or altering money, uttering
   or bringing into circulation counterfeit or altered
   money.
4. Forgery, or counterfeiting, or altering, or
   uttering what is forged, or counterfeited, or altered;
   comprehending the crimes designated in the Penal
   Codes of either State as counterfeiting or falsifica-
   tion of paper money, bank notes, or other securities,
   forgery, or other 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.
7. Crimes against bankruptcy law.
8. Fraud committed by a bailee, 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 of minors.
11. Child-stealing or kidnapping.
12. False imprisonment.
13. Burglary, or housebreaking, with criminal
    intent.
14. Arson.
15. Robbery with violence.
16. Threats by letter or otherwise with intent to
    extort.
17. Perjury or subornation of perjury.
18. Malicious injury to property, if the offence be
    indictable.

The extradition is also to take place for participa-
tion in any of the aforesaid crimes, as an accessory
before or after the fact.

ARTICLE III.

No Swiss shall be delivered up by Switzerland
to the Government of the United Kingdom, and no
subject of the United Kingdom shall be delivered up
by the Government thereof to Switzerland.

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
Swiss Government, has already been tried and dis-
charged or punished, or is still under trial, in one of
the Swiss Cantons 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 Swiss Government, should be
under examination, or have been condemned for any
other crime, in one of the Swiss Cantons or in the
United Kingdom respectively, his extradition may be
deferred until he shall have been set at liberty in due
course of law.