THE NEW ZEALAND GAZETTE. 325

17. (a.) Counterfeiting or altering money, or bring-
    ing into circulation counterfeited or altered money.
    (6.) Forgery, or counterfeiting or altering or utter-
    ng what is forged, counterfeited, or altered.
    (c.) Knowingly making, without lawful authority,
    any instrument, tool, or engine adapted and intended
    for the counterfeiting of coin of the realm.
18. Crimes against bankruptcy law.
19. Any malicious act done with intent to endanger
    persons in a railway train.
20. Malicious injury to property, if such offence
    be indictable.
21. Crimes committed at sea-
    (a.) Piracy by the law of nations.
    (b.) Sinking or destroying a vessel at sea, or
    attempting or conspiring to do so.
    (c.) Revolt or conspiracy to revolt by two or more
    persons on board a ship on the high seas against the
    authority of the master.
    (d.) Assault on board a ship on the high seas with
    intent to destroy life, or to do grievous bodily harm.
22. Dealing in slaves in such a manner as to con-
    stitute an offence against the laws of both countries.
    The extradition is also to take place for participa-
    tion in any of the aforesaid crimes as an accessory
    before or after the fact, provided such participation
    be punishable by the laws of both contracting parties.

ARTICLE III.
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 IV.
No person shall be surrendered if the offence in
respect of which his surrender is demanded is one of
a political character, or if he prove to the satisfaction
of the competent authority of the State in which he
is that the requisition for his surrender has in fact
been made with a view to try or punish him for an
offence of a political character.

ARTICLE V.
In the States of His Majesty the King of Spain,
excepting the provinces or possessions beyond sea,
the proceedings for demanding and obtaining the ex-
tradition shall be as follows:-
The Diplomatic Representative of Great Britain
shall send to the Minister for Foreign Affairs (Minis-
tro de Estado), with the demand for extradition, an
authenticated and legalized copy of the sentence
or of the warrant of arrest against the person
accused, clearly showing the crime or offence for
which proceedings are taken against the fugitive.
This judicial document shall be accompanied, if
possible, by a description of the person claimed, and
any other information or particulars that may serve
to identify him.
These documents shall be communicated by the
Minister for Foreign Affairs to the Minister of Grace
and Justice, by whose department, after examining
the documents and finding that there is reason for
the extradition, a Royal Order will be issued granting
it, and directing the arrest of the person claimed and
his delivery to the British authorities.
In virtue of the said Royal Order, the Minister of
the Interior (Ministro de la Gobernacion) will adopt
the fitting measures for the arrest of the fugitive,
and when this has taken place the person claimed
shall be placed at the disposal of the Diplomatic
Representative who has demanded his extradition,
and he shall be taken to the part of the frontier or to
the seaport where the Agent appointed for the pur-
pose by Her Britannic Majesty's Government is
ready to take charge of him.

In case the documents furnished by the said Govern-
ment for the identification of the person claimed, or
the information obtained by the Spanish authorities
for the same purpose, should be considered insuffi-
cient, immediate notice thereof shall be given to the
Diplomatic Representative of Great Britain, and the
person under arrest shall be detained until the
British Government shall have furnished fresh evi-
dence to prove his identity, or to clear up any other
difficulty relative to the examination and decision of
the affair.

ARTICLE VI.
In the dominions of Her Britannic Majesty, other
than the colonies or foreign possessions of Her
Majesty, the manner of proceeding, in order to demand
and obtain extradition, shall be as follows:-
(A.) In the case of a person accused-The requi-
sition for the surrender shall be made to Her Britannic
Majesty's Principal Secretary of State for Foreign
Affairs by the Diplomatic Representative of His
Majesty the King of Spain. The said demand shall
be accompanied by a warrant of arrest or other
equivalent judicial document, issued by a Judge or
Magistrate duly authorized to take cognizance of the
acts charged against the accused in Spain, and duly-
authenticated depositions or statements taken on
oath before such Judge or Magistrate, clearly setting
forth the said acts, and containing a description of
the person claimed, and any particulars which may
serve to identify him.
The said Principal 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 requi-
sition has been made, and require him, if there be
due cause, to issue his warrant 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 person claimed shall have been appre-
hended, he shall be brought before the Magistrate
who issued the warrant, or some other Police Magis-
trate 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
the United Kingdom, the Police Magistrate shall
commit him to prison to await the warrant of the
Secretary of State for his surrender; sending imme-
diately 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 Spanish Government.
(B.) In the case of a person convicted-The course
of proceeding shall be the same as above indicated,
except that the warrant to be transmitted by the
Diplomatic Representative of Spain in support of his
requisition shall clearly set forth the crime or offence
of which the person claimed has been convicted, and
state the 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 con-
victed of the crime charged.
(C.) Persons convicted by judgment in default
or arrêt de contumace, shall be, in the matter of
extradition, considered as persons accused, and, as
such, be surrendered.