760

THE NEW ZEALAND GAZETTE.

in this Treaty, committed on the high seas on board
any vessel of either country which may come into a
port of the other.

ARTICLE V.
If the fugitive criminal who has been committed
to prison be not surrendered and conveyed away
within two months after such committal (or within
two months after the decision of the Court upon the
return to a writ of habeas corpus in the United King-
dom), he shall be discharged from custody, unless
sufficient cause be shown to the contrary.

ARTICLE VI.
When any person shall have been surrendered by
either of the high contracting parties to the other,
such person shall not, until he has been restored or
had an opportunity of returning to the country from
whence he was surrendered, be triable or tried for
any offence committed in the other country prior to
the surrender, other than the particular offence on
account of which he was surrendered.

ARTICLE VII.
No accused or convicted person shall be surren-
dered, if the offence in respect of which his surrender
is demanded shall be deemed by the party upon
which it is made to be a political offence, or to be an
act connected with (connexe à) such an offence, or if
he prove, to the satisfaction of the Police Magistrate,
or of the Court before which he is brought on habeas
corpus, or to the Secretary of State, that the requisi-
tion for his surrender has in fact been made with a
view to try or to punish him for an offence of a poli-
tical character.

ARTICLE VIII.
Warrants, depositions, or statements on oath,
issued or taken in the dominions of either of the two
high contracting parties, and copies thereof, and cer-
tificates of or judicial documents stating the fact of
conviction, shall be received in evidence in proceed-
ings in the dominions of the other, if purporting to
be signed or certified by a Judge, Magistrate, or officer
of the county where they were issued or taken.
Provided such warrants, depositions, statements,
copies, certificates, and judicial documents are au-
thenticated by the oath or solemn affirmation of
some witness, or by being sealed with the official seal
of the Minister of Justice or some other Minister of
State.

ARTICLE IX.
The surrender shall not take place if, since the
commission of the acts charged, the accusation, or
the conviction, exemption from prosecution or
punishment has been acquired by lapse of time,
according to the laws of the country where the
accused shall have taken refuge.

ARTICLE X.
If the individual claimed by one of the two high
contracting 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 reasons.

ARTICLE XI.
If the individual claimed should be under prose-
cution or condemned by the Courts of the country
where he has taken refuge, his surrender may be
deferred until he shall have been set at liberty in due
course of law.

In case he should be proceeded against or de-
tained in such country on account of obligations
contracted towards private individuals, his surrender
shall nevertheless take place, the injured party re-
taining his right to prosecute his claims before the
competent authority.

ARTICLE XII.
Every article found in the possession of the indi-
vidual claimed at the time of his arrest shall, if the
competent authority so decide, be seized, in order to
be delivered up with his person at the time when the
surrender shall be made. Such delivery shall not be
limited to the property or articles obtained by steal-
ing or by fraudulent bankruptcy, but shall extend to
everything that may serve as proof of the crime. It
shall take place even when the surrender, after
having been ordered, shall be prevented from taking
place by reason of the escape or death of the indi-
vidual claimed.
The rights of third parties with regard to the said
property or articles are nevertheless reserved.

ARTICLE XIII.
Each of the high contracting parties shall defray
the expenses occasioned by the arrest within its
territories, the detention, and the conveyance to its
frontier, of the persons whom it may consent to sur-
render in pursuance of the present Treaty.

ARTICLE XIV.
The stipulations of the present Treaty shall be
applicable to the colonies and foreign possessions of
the two high contracting parties.
The requisition for the surrender of a fugitive
criminal who has taken refuge in a colony or foreign
possession of either party, shall be made to the Go-
vernor or chief authority of such colony or posses-
sion by the Chief Consular Officer of the other in such
colony or possession; or, if the fugitive has escaped
from a colony or foreign possession of the party on
whose behalf the requisition is made, by the Go-
vernor or chief authority of such colony or pos-
session.
Such requisition may be disposed of, subject
always, as nearly as may be, to the provisions of this
Treaty, by the respective Governors or chief autho-
rities, who, however, shall be at liberty either to
grant the surrender or to refer the matter to their
Government.
Her Britannic Majesty shall, however, be at
liberty to make special arrangements in the British
colonies and foreign possessions for the surrender of
Belgian criminals who may there take refuge, on the
basis, as nearly as may be, of the provisions of the
present Treaty.

ARTICLE XV.
The present Treaty shall come into operation ten
days after its publication, in conformity with the laws
of the respective countries.
After the Treaty shall have been brought into
operation, the Treaty concluded between the high
contracting parties on the 31st July, 1872, shall be
considered as cancelled, except as to any proceeding
that may have already been taken or commenced in
virtue thereof.
Either party may at any time terminate the Treaty
on giving to the other six months' notice of its
intention.

ARTICLE XVI.
The present Treaty shall be ratified, and the ratifi-
cations shall be exchanged, at Brussels, as soon as
may be within six weeks from the date of signature.
In witness whereof the respective Plenipoten-