324
THE NEW ZEALAND GAZETTE.
Despatch.—Extradition Treaty with Spain.

Colonial Secretary's Office,
Wellington, 28th February, 1879.
THE following despatch, received from Her
Majesty's Principal Secretary of State for the
Colonies, is published for general information.
G. S. WHITMORE.

[CIRCULAR.]

Downing Street, 6th December, 1878.
SIR,—I have the honor to transmit to you, for
publication in the colony under your Government, a
copy of a treaty between Her Majesty and the King
of Spain for the mutual surrender of fugitive
criminals, as well as a copy of the Order in Council
of the 27th November, for carrying that treaty into
effect.

It will be observed that, under Article 17, the
treaty comes into operation ten days after its pub-
lication in conformity with the laws of the respective
countries. It will therefore be in force in this coun-
try from the 9th instant.

I have, &c.,
M. E. HICKS BEACH.
The Officer Administering the
Government of New Zealand.

[Extract from the London Gazette of Friday, the 29th
November, 1878.]

At the Court at Windsor, the 27th day of Novem-
ber, 1878.
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 Majesty, 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 sub-
sequent order, limit the operation of the order, and
restrict the same to fugitive criminals who are in or
suspected of being in the part of Her Majesty's
dominions specified in the order, and render the
operation thereof subject to such conditions, excep-
tions, and qualifications as may be deemed expedient:

And whereas a treaty was concluded on the fourth
day of June, one thousand eight hundred and seventy-
eight, between Her Majesty and the King of Spain,
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 Spain, having judged it expedient, with a
view to the better administration of justice and the
prevention of crime, that persons charged with or
convicted of the crimes hereinafter enumerated, and
being fugitives from justice, should, under certain
circumstances, be reciprocally delivered up, have
resolved to conclude the present treaty, and have
appointed as their Plenipotentiaries, namely:—

Her Majesty the Queen of the United Kingdom of
Great Britain and Ireland: The Right Honorable
Robert Arthur Talbot Gascoyne Cecil, Marquis and
Earl of Salisbury, Viscount Cranborne, Dorset, and
Baron Cecil of Essendine, a Peer of the United
Kingdom, a Member of Her Majesty's Most Honor-
able Privy Council, Her Principal Secretary of State
for Foreign Affairs;

And His Majesty the King of Spain: Don Manuel
Rancés y Villanueva, Marquis of Casa-Laiglesia, a
Senator of the Kingdom, Knight Grand Cross of the
Royal and Distinguished Order of Charles III., and
Knight of the First Class of the Civil Order of
Beneficence of Spain; Knight Grand Cross of the
Papal Order of Gregory the Great; Knight of the
First Class of the Royal Order of the Red Eagle of
Prussia; Knight Grand Cross of the Royal Orders
of the Crown of Italy, of Frederick of Wurtemberg,
and of Albert the Valorous of Saxony; of the Grand
Ducal Orders of Philip the Magnanimous of Hesse-
Darmstadt, of the White Hawk of Saxe-Weimar, of
the Crown of Vandalia of Mecklenburg-Schwerin,
and of the Ducal Order of Adolphus of Nassau;
Knight Grand Cross of the Lion and the Sun of
Persia, &c.; His Envoy Extraordinary and Minister
Plenipotentiary to Her Majesty the Queen of the
United Kingdom of Great Britain and Ireland:

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

ARTICLE I.

Her Majesty the Queen of the United Kingdom
of Great Britain and Ireland engages to deliver up,
under the circumstances and on the conditions stipu-
lated in the present treaty, all persons, and His
Majesty the King of Spain engages to deliver up,
under the like circumstances and conditions, all
persons, excepting his own subjects, who, having
been charged with, or convicted by the tribunals of
one of the two high contracting parties, of the crimes
or offences enumerated in Article II., committed in
the territory of the one party, and who shall be
found within the territory of the other.

ARTICLE II.

The extradition shall be reciprocally granted for
the following crimes or offences:—

1. Murder (including assassination, parricide, in-
   fanticide, poisoning, or attempt to murder).
2. Manslaughter.
3. Administering drugs or using instruments with
   intent to procure the miscarriage of women.
4. Rape.
5. Aggravated or indecent assault. Carnal know-
   ledge 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.
6. Kidnapping and false imprisonment, child-
   stealing, abandoning, exposing, or unlawfully detain-
   ing children.
7. Abduction of minors.
8. Bigamy.
9. Wounding, or inflicting grievous bodily harm.
10. Assaulting a magistrate or peace or public
    officer.
11. Threats by letter or otherwise, with intent to
    extort money or other things of value.
12. Perjury, or subornation of perjury.
13. Arson.
14. Burglary or housebreaking, robbery with vio-
    lence, larceny or embezzlement.
15. Fraud by a bailee, banker, agent, factor, trustee,
    director, member, or public officer of any company,
    made criminal by any law for the time being in force.
16. Obtaining money, valuable security, or goods
    by false pretences; receiving any money, valuable
    security, or other property, knowing the same to
    have been unlawfully obtained.