THE NEW ZEALAND GAZETTE. 585

ciprocally delivered up, have named as their Plenipo- | committed; and, in the case of a person alleged to
tentiaries, to conclude a Treaty for this purpose | have been convicted on such evidence as according to
that is to say, —
the laws of the country where he is found, would
Her Majesty the Queen of the United Kingdom | prove that he had been convicted.
of Great Britain and Ireland, Edwin Corbett, Esq.,
Her Majesty's Chargé d'Affaires and Consul-General | ARTICLE III.
to said Republic of Honduras, &c.;
No Honduran as above stated shall be delivered
And his Excellency the President of the Republic | up by the Government of Honduras to the Govern-
of Honduras, the Señor Don Augustin Gomez Car- | ment of the United Kingdom, and no subject of the
rillo, Deputy to the present Legislature of Guatemala, | United Kingdom shall be delivered up by the Go-
&c.; | vernment thereof to the Government of Honduras.
Who, having communicated to each other their re- |
spective full powers, found in good and due form, | ARTICLE IV.
have agreed upon and concluded the following | The extradition shall not take place if the person
Articles:— | claimed on the part of the Government of the

ARTICLE I. | United Kingdom, or the person claimed on the part
The High Contracting Parties engage to deliver up | of the Government of Honduras, has already been
to each other those persons who, being accused or | tried and discharged or punished, or is still under
convicted of a crime committed in the territory of | trial in the territory of the United Kingdom or of
the one Party, shall be found within the territory of | Honduras respectively for the crime for which his
the other Party, under the circumstances and condi- | extradition is demanded.
tions stated in the present Treaty.
If the person claimed on the part of the Govern-

ARTICLE II. | ment of the United Kingdom, or if the person
It is agreed that Her Britannic Majesty and His | claimed on the part of the Government of Honduras,
Excellency the President of Honduras shall, on re- | should be under examination for any other crime
quisition made in their name by their respective | in the territory of the United Kingdom or in the
Diplomatic Agents, deliver up to each other recipro- | Republic of Honduras respectively, his extradition
cally any persons, except native subjects or citizens | shall be deferred until the conclusion of the trial
of the Party upon whom the requisition may be made, | and the full execution of any punishment awarded
who, being accused or convicted, whether as a princi- | to him.
pal or an accessory, either before or after the fact, of |
any of the crimes hereinafter specified, committed | ARTICLE V.
within the jurisdiction of the requiring Party, shall | The extradition shall not take place if, subse-
be found within the territories of the other | quently to the commission of the crime, or the insti-
Party :— | tution of the penal prosecution, or the conviction

1. Murder, or attempt or conspiracy to murder. | thereon, exemption from prosecution or punishment
2. Manslaughter. | has been acquired by lapse of time, according to the
3. Counterfeiting or altering money, or uttering | laws of the State applied to.
   counterfeit or altered money.
4. Forgery, counterfeiting or altering or uttering | ARTICLE VI.
   what is forged or counterfeited or altered. | A fugitive criminal shall not be surrendered if the
5. Embezzlement or larceny. | offence in respect of which his surrender is demanded
6. Obtaining money or goods by false pretences. | is one of a political character, or if he prove that the
7. Malicious injury to property, if the offence be | requisition for his surrender has, in fact, been made
   indictable. | with a view to try or punish him for an offence of a
8. Crimes against bankruptcy law. | political character.
9. Fraud by a bailee, banker, agent, factor, trustee |
   or director or member or public officer of any com- | ARTICLE VII.
   pany made criminal by any law for the time being in | A person surrendered can in no case be kept in
   force. | prison or be brought to trial in the State to which
10. Perjury or subornation of perjury. | the surrender has been made, for any other crime, or
11. Rape. | on account of any other matters, than those for
12. Abduction. | which the extradition shall have taken place. This
13. Child-stealing. | stipulation does not apply to crimes committed after
14. False imprisonment. | the extradition.
15. Burglary or housebreaking.
16. Arson.*
17. Robbery with violence.
18. Threats by letter or otherwise, with intent to | ARTICLE VIII.
    extort.
    The requisition for extradition shall be made
19. Piracy by law of nations.
    through the Diplomatic Agents of the High Con-
20. Sinking or destroying a vessel at sea, or at- | tracting Parties respectively.
    tempting or conspiring to do so.
    The requisition for the extradition of an accused
21. Assaults on board a ship on the high seas with | person must be accompanied by a warrant of arrest
    intent to destroy life or to do grievous bodily harm. | issued by the competent authority of the State
22. Revolt, or conspiracy to revolt, by two or more | requiring the extradition, and by such evidence as,
    persons on board a ship on the high seas against the | according to the laws of the place where the accused
    authority of the master.
    | is found, would justify his arrest if the crime had
    Provided that the surrender shall be made only | been committed there.
    when, in the case of a person accused, the commis- | If the requisition relates to a person already con-
    sion of the crime shall be so established as that the | victed, it must be accompanied by the sentence of
    laws of the country where the fugitive or person so | condemnation passed against the convicted person by
    accused shall be found would justify his apprehension | the competent Court of the State that makes the
    and commitment for trial if the crime had been there | requisition for extradition.
    A requisition for extradition cannot be founded on
    sentences passed in contumaciam.