1138

THE NEW ZEALAND GAZETTE.

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.

The High Contracting Parties engage to deliver
up to each other those persons who are being pro-
ceeded against or who have been convicted of a
crime committed in the territory of the one Party,
and who shall be found within the territory of the
other Party, under the circumstances and conditions
stated in the present Treaty.

ARTICLE II.

Native-born or naturalized subjects of either
country are excepted from extradition. In the
case, however, of a person who, since the com-
mission of the crime or offence of which he is
accused, or for which he has been convicted, has
become naturalized in the country whence the sur-
render is sought, such naturalization shall not pre-
vent the pursuit, arrest, and extradition of such
person, in conformity with the stipulations of the
present Treaty.

ARTICLE III.

The crimes for which the extradition is to be
granted are the following:—

1. Counterfeiting or altering money, and uttering
   counterfeit or altered money.
2. Forgery, counterfeiting or altering and uttering
   what is forged, counterfeited, or altered.
3. Murder (including assassination, parricide, in-
   fanticide, and poisoning) or attempt to murder.
4. Manslaughter.
5. Abortion.
6. Rape.
7. Indecent assault, acts of indecency even with
   out violence upon the person of a girl under 12
   years of age.
8. Child-stealing, including abandoning, exposing
   or unlawfully detaining.
9. Abduction.
10. Kidnapping and false imprisonment.
11. Bigamy.
12. Wounding or inflicting grievous bodily harm.
13. Assaulting a Magistrate, or peace or public
    officer.
14. Threats by letter or otherwise with intent to
    extort.
15. Perjury or subornation of perjury.
16. Arson.
17. Burglary or house-breaking, robbery with
    violence.
18. Fraud by a bailee, banker, agent, factor,
    trustee, or director, or member, or public officer of
    any company made criminal by any Act for the
    time being in force.
19. Obtaining money, valuable security, or goods
    by false pretences, including receiving any chattel,
    money, valuable security, or other property, knowing
    the same to have been unlawfully obtained.
20. Embezzlement or larceny, including receiving
    any chattel, money, valuable security, or other pro-
    perty, knowing the same to have been embezzled or
    stolen.
21. Crimes against bankruptcy law.
22. Any malicious act done with intent to en-
    danger persons in a railway train.
23. Malicious injury to property, if the offence is
    indictable.
24. Crimes committed at sea:----
    (a.) Any act of depredation or violence by the
    crew of a British or French vessel against another
    British or French vessel, or by the crew of a foreign
    vessel not provided with a regular commission,
    against British or French vessels, their crews or
    their cargoes.
    (b.) The fact by any person being or not one of
    the crew of a vessel of giving her over to pirates.
    (c.) The fact by any person being or not one of
    the crew of a vessel of taking possession of such
    vessel by fraud or violence.
    (d.) Sinking or destroying a vessel at sea, or
    attempting or conspiring to do so.
    (e.) Revolt or conspiracy to revolt by two or more
    persons on board a ship on the high seas against the
    authority of the master.
25. Dealing in slaves in such manner as to
    constitute an offence against the laws of both
    countries.
    The extradition is also to take place for parti-
    cipation, either as principals or accessories, in any
    of the aforesaid crimes, provided such participation
    be punishable by the laws of both the Contracting
    Parties.

ARTICLE IV.

The present Treaty shall apply to crimes and
offences committed prior to the signature of the
Treaty; but a person surrendered shall not be tried
for any crime or offence committed in the other
country before the extradition, other than the crime
for which his surrender has been granted.

ARTICLE V.

No accused or convicted person shall be sur-
rendered, 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 of the Secretary of
State, that the requisition for his surrender has, in
fact, been made with a view to try or to punish him
for an offence of a political character.

ARTICLE VI.

On the part of the French Government, the
extradition shall take place in the following manner
in France:-
The Ambassador or other diplomatic agent of
Her Britannic Majesty in France shall send to the
Minister for Foreign Affairs, in support of each
demand for extradition, an authenticated and duly
legalized copy either of a certificate of conviction
or of a warrant of arrest against a person accused,
clearly setting forth the nature of the crime or
offence on account of which the fugitive is being
proceeded against. The judicial document thus pro-
duced shall be accompanied by a description of the
person claimed, and by any other information which
may serve to identify him.
These documents shall be communicated by the
Minister for Foreign Affairs to the Keeper of the
Seals, Minister of Justice, who, after examining the
claim for surrender, and the documents in support
thereof, shall report thereon immediately to the
President of the Republic; and, if there is reason
for it, a Decree of the President will grant the
extradition of the person claimed, and will order
him to be arrested and delivered to the British autho-
rities.
In consequence of this Decree, the Minister of the
Interior shall give orders that search be made for
the fugitive criminal, and, in case of his arrest, that
he be conducted to the French frontier, to be deli-
vered to the person authorized by Her Britannic
Majesty's Government to receive him.
Should it so happen that the documents furnished