478

THE NEW ZEALAND GAZETTE.

In case such individual should be proceeded against
or detained in the country in which he has taken
refuge, on account of obligations contracted towards
private individuals, his extradition shall neverthe-
less take place; the injured party retaining his
right to prosecute his claims before the competent
authority.

ARTICLE V.

The extradition shall not take place if, subse-
quently to the commission of the crime, or the insti-
tution 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.

If the individual claimed by one of the two Con-
tracting Parties in pursuance of the present Treaty
should be also claimed by one or several other
Powers, on account of other crimes committed upon
their respective territories, his surrender shall be
granted to that State whose demand is earliest in
date; unless any other arrangement should be made
between the Governments which have claimed him,
either on account of the gravity of the crimes com-
mitted or for any other reason.

ARTICLE VII.

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 is connected with a
crime of that nature, or if he prove that the requisi-
tion for his surrender has, in fact, been made with
a view to try and punish him for an offence of a
political character.

ARTICLE VIII.

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.

This stipulation does not apply to crimes com-
mitted after the extradition.

ARTICLE IX.

The requisition for extradition must always be
made by the way of diplomacy, and to wit, in Switzer-
land by the British Minister to the President of the
Confederation, and in the United Kingdom to the
Secretary of State for Foreign Affairs by the Consul-
General of Switzerland, who, for the purposes of this
Treaty, is hereby recognized by Her Majesty as a
Diplomatic Representative of Switzerland.

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 X.

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,
together with such evidence or after such judicial
proceedings as would, in the opinion of the officer
issuing the warrant, justify its issue if the crime had
been committed in that part of the dominions of the
two Contracting Parties in which he exercises juris-
diction: Provided, however, that in the United
Kingdom the accused shall in such case be sent as
speedily as possible before a police magistrate in
London. Such requisition may be made by means of
the post or by telegraph.

The accused shall, however, be discharged if, within
such reasonable time as, with reference to the cir-
cumstances of the case, the Police Magistrate may fix,
the requisition shall not have been made according
to the stipulations contained in Article IX.

ARTICLE XI.

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 XII.

In the examinations which they have to make in
accordance with the foregoing stipulations, the au-
thorities of the State applied to shall admit as entirely
valid evidence the sworn depositions or statement of
witnesses taken in the other State, or copies thereof,
and likewise the warrants and sentences issued
therein, provided such documents are signed or cer-
tified 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 a
British Secretary of State, or of the Chancellor of
the Swiss Confederation.

ARTICLE XIII.

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 XIV.

All articles seized, which were in the possession of
the person to be surrendered at the time of his
apprehension, shall, if the competent authority of the
State applied to for the extradition has ordered the
delivery thereof, be given up when the extradition
takes place, and the said delivery shall extend not
merely to the stolen articles, but to everything that
may serve as a proof of the crime.

ARTICLE XV.

The Contracting Parties renounce any claim for
the reimbursement of the expenses incurred by them
in the arrest and maintenance of the person to be
surrendered, and his conveyance to the frontiers of
the State from which he is required; they reciprocally
agree to bear such expenses themselves.

ARTICLE XVI.

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

The requisition for the arrest and surrender of a
fugitive criminal who has taken refuge in any of such
colonies or foreign possessions shall be made through
the Swiss Consul-General in London to the Secretary
of State for Foreign Affairs, who shall proceed in
conformity with the provisions of the present Treaty
and the laws of the land.

Her Britannic Majesty shall, however, be at liberty
to make special arrangements in the British Colonies
and foreign possessions for the surrender of such
individuals as shall have committed in Switzerland
any of the crimes hereinafore mentioned, who may
take refuge within such colonies and foreign posses-