THE NEW ZEALAND GAZETTE. 1139

by the British Government, with the view of esta-
blishing the identity of the fugitive criminal, and that
the particulars collected by the agents of the French
police with the same view, be considered insufficient,
notice shall be immediately given to the Ambassador
or other diplomatic agent of Her Britannic Majesty
in France, and the fugitive person, if he has been
arrested, shall remain in custody until the British
Government has been able to furnish further evidence
in order to establish his identity or to throw light on
other difficulties in the examination.

ARTICLE VII.

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:-
(A.) In the case of a person accused: The requi-
sition for the surrender shall be made to Her Bri-
tannic Majesty's Principal Secretary of State for
Foreign Affairs by the Ambassador or other diplo-
matic agent of the President of the French Republic,
accompanied by a warrant of arrest or other equiva-
lent judicial document, issued by a Judge or Magis-
trate duly authorized to take cognizance of the acts
charged against the accused in France, together with
duly authenticated depositions or statements taken
on oath before such Judge or Magistrate, clearly
setting forth the said acts, and containing a descrip-
tion of the person claimed, and any particulars which
may serve to identify him. The said Secretary of
State shall transmit such documents to Her Britannic
Majesty's Principal Secretary of State for the Home
Department, who shall then, by order under his
hand and seal, signify to some Police Magistrate in
London that such requisition has been made, and
require him, if there be due cause, to issue his war-
rant for the apprehension of the fugitive.

On the receipt of such order from the Secretary of
State, and on the production of such evidence as
would, in the opinion of the Magistrate, justify the
issue of the warrant if the crime had been committed
in the United Kingdom, he shall issue his warrant
accordingly.

When the fugitive shall have been apprehended,
he shall be brought before the Police Magistrate
who issued the warrant, or some other Police
Magistrate in London. If the evidence to be then
produced shall be such as to justify, according to
the law of England, the committal for trial of
the prisoner if the crime of which he is accused
had been committed in England, the Police Magis-
trate shall commit him to prison to await the warrant
of the Secretary of State for his surrender; sending
immediately to the Secretary of State a certificate of
the committal and a report upon the case.

After the expiration of a period from the committal
of the prisoner which shall never be less than fifteen
days, the Secretary of State shall, by order under his
hand and seal, order the fugitive criminal to be sur-
rendered to such person as may be duly authorized
to receive him on the part of the President of the
French Republic.

(B.) In the case of a person convicted: The course
of proceeding shall be the same as in the case of a
person accused, except that the warrant to be trans-
mitted by the Ambassador or other diplomatic
agent in support of his requisition shall clearly set
forth the crime of which the person claimed has been
convicted, and state the fact, place, and date of his
conviction. The evidence to be produced before the
Police Magistrate shall be such as would, according
to the law of England, prove that the prisoner was
convicted of the crime charged.

(C.) Persons convicted by judgment in default or

arrét de contumace shall be in the matter of extradi-
tion considered as persons accused, and, as such, be
surrendered.

(D.) After the Police Magistrate shall have com-
mitted the accused or convicted person to prison to
await the order of a Secretary of State for his sur-
render, such person shall have the right to apply
for a writ of habeas corpus; if he should so apply,
his surrender must be deferred until after the
decision of the Court upon the return to the writ,
and even then can only take place if the decision is
adverse to the applicant. In the latter case the
Court may at once order his delivery to the person
authorized to receive him, without the order of a
Secretary of State for his surrender, or commit him
to prison to await such order.

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
certificates of or judicial documents stating the facts
of conviction, shall be received in evidence in pro-
ceedings in the dominions of the other if purporting
to be signed or certified by a Judge, Magistrate, or
officer of the country where they were issued or
taken, provided such warrants, depositions, state-
ments, copies, certificates, and judicial documents
are authenticated by oath of some witness, or
by being sealed with the official seal of the Minister
of Justice, or some other Minister of State.

ARTICLE IX.

A fugitive criminal may 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, and such
evidence, or after such proceedings as would, in the
opinion of the person issuing the warrant, justify the
issue of a warrant if the crime had been com-
mitted or the prisoner convicted in that part of the
dominions of the two Contracting Parties in which
the Magistrate exercises jurisdiction: provided, how-
ever, that, in the United Kingdom, the accused shall,
in such case, be sent as speedily as possible before a
Police Magistrate in London. He shall be dis-
charged, as well in the United Kingdom as in France,
if within fourteen days a requisition shall not have
been made for his surrender by the diplomatic agent
of his country in the manner directed by Articles II.
and IV. of this Treaty.

The same rule shall apply to the cases of persons
accused or convicted of any of the crimes specified 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 X.

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
Kingdom, he shall be discharged from custody, unless
sufficient cause be shown to the contrary.

ARTICLE XI.

The claim for extradition shall not be complied
with if the individual claimed has been already tried
for the same offence in the country whence the ex-
tradition is demanded, or 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
that country.