758

[CIRCULAR.]

THE NEW ZEALAND GAZETTE.

Downing Street, 2nd August, 1876.

SIR, —I have the honor to transmit to you, for publi-
cation in the colony under your Government, a copy
of a Treaty between Her Majesty and the King of
the Belgians for the mutual surrender of fugitive
criminals, as well as a copy of the Order in Council
of the 21st ultimo, for carrying that Treaty into
effect.

I have, &c.,
CARNARVON.

The Officer Administering
the Government of New Zealand.

At the Court at Osborne House, Isle of Wight, the
21st day of July, 1876.

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," and
also by an Act of Parliament made and passed in the
Session of Parliament holden in the thirty-sixth and
thirty-seventh years of the reign of Her present Ma-
jesty, intituled "An Act to amend the Extradition
Act, 1870," 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 Acts 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 sus-
pected of being in the part of Her Majesty's do-
minions specified in the Order, and render the
operation thereof subject to such conditions, exсер-
tions, and qualifications as may be deemed expedient:

And whereas a Treaty was concluded on the twen-
tieth day of May, one thousand eight hundred and
seventy-six, between Her Majesty and the King of
the Belgians, for the mutual extradition of fugitive
criminals, which Treaty is in the terms following:—

Her Majesty the Queen of the United Kingdom
of Great Britain and Ireland, and His Majesty the
King of the Belgians, having judged it expedient,
with a view to the more complete prevention of
crime within their respective territories, that persons
charged with or convicted of the crimes hereinafter
enumerated, and being fugitives from the justice of
their country, should, under certain circumstances,
be reciprocally delivered up; their said Majesties
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, John Savile Lumley,
Esquire, Companion of the Most Honorable Order
of the Bath, Her Envoy Extraordinary and Minister
Plenipotentiary to His Majesty the King of the
Belgians;

And His Majesty the King of the Belgians, the
Count d'Aspremont Lynden, Officer of His Order of
Leopold, Commander of the Order of the Ernestine
Branch of the House of Saxony, Grand Cross of the
Orders of Leopold of Austria, of the Legion of
Honor, of the Lion of the Netherlands, and of the
White Eagle of Russia, &c., &c., Member of the
Senate, His Minister of Foreign Affairs;

Who, after having communicated to each other
their respective full powers, found in good and due
form, have agreed upon the following Articles :---

ARTICLE I.

It is agreed that Her Britannic Majesty and His
Majesty the King of the Belgians shall, on requisition
made in their name by their respective Diplomatic
Agents, deliver up to each other reciprocally any
persons, except as regards Great Britain, native born
and naturalized subjects of Her Britannic Majesty,
and, except as regards Belgium, those who are by
birth or who may have become citizens of Belgium,
who, being accused or convicted as principals or
accessories of any of the crimes hereinafter specified,
committed within the territories of the requiring
party, shall be found within the territories of the
other party:

1. Murder (including assassination, parricide, in-
   fanticide, and poisoning), or attempt to murder.
2. Manslaughter.
3. Counterfeiting or altering money, or uttering
   counterfeit or altered money.
4. Forgery, counterfeiting, or altering or uttering
   what is forged or counterfeited or altered.
5. Embezzlement or larceny.
6. Obtaining money or goods by false pretences.
7. Crimes by bankrupts against bankruptcy law.
8. Fraud by a bailee, banker, agent, factor, trustee,
   or director, or member or public officer of any com-
   pany, made criminal by any law for the time being
   in force.
9. Rape: Carnal knowledge of a girl under the
   age of ten years; carnal knowledge of a girl above
   the age of ten years and under the age of twelve
   years; indecent assault upon any female or any
   attempt to have carnal knowledge of a girl under
   twelve years of age.
10. Abduction.
11. Child stealing.
12. Kidnapping.
13. Burglary or housebreaking.
14. Arson.
15. Robbery with violence (including intimida-
    tion).
16. Threats by letter or otherwise with intent to
    extort.
17. Piracy by law of nations.
18. Sinking or destroying a vessel at sea, or at-
    tempting or conspiring to do so.
19. Assaults on board a ship on the high seas with
    intent to destroy life or to do grievous bodily harm.
20. Revolt or conspiracy to revolt by two or more
    persons on board a ship on the high seas against the
    authority of the master.
21. Perjury and subornation of perjury.
22. Malicious injury to property, if the offence be
    indictable.
23. Aggravated or indecent assault.

Provided that the surrender shall be made only
when, in the case of a person accused, the commission
of the crime shall be so established as that the laws
of the country where the fugitive or person accused
shall be found would justify his apprehension and
commitment for trial if the crime had been there
committed; and in the case of a person alleged to
have been convicted, on such evidence as, according
to the laws of the country where he is found, would
prove that he had been convicted.

In no case can the surrender be made unless the
crime shall be punishable according to the laws in
force in both countries with regard to extradition.

ARTICLE II.

In the dominions of Her Britannic Majesty, other
than the colonies or foreign possessions of Her
Majesty, the manner of proceeding shall be as
follows:-

1. In the case of a person accused-
   The requisition for the surrender shall be made to