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THE NEW ZEALAND GAZETTE.

(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
surrender, 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 VII.

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, statements,
copies, certificates, and judicial documents are
authenticated by the oath of some witness, or by
being sealed with the official seal, or the Minister of
Justice, or some other Minister of State.

ARTICLE VIII.

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 authority issuing the warrant, justify
the issue of a warrant if the crime had been com-
mitted or the person convicted in that part of the
dominions of the two contracting parties in which
the Magistrate, Justice of the Peace, or other compe-
tent authority 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, in accord-
ance with this article, be discharged, as well in Spain
as in the United Kingdom, if, within the term of
thirty days, a requisition for extradition shall not
have been made by the Diplomatic Agent of his
country, in accordance with the stipulations of this
treaty.

The same rule shall apply to the cases of persons
accused or convicted of any of the crimes or offences
specified in this treaty, and committed on the high
seas on board any vessel of either country which
may come into a port of the other.

ARTICLE IX.

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 adverse 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 X.

In the provinces beyond sea, colonies, and other
possessions beyond sea of the two high contracting
parties, the manner of proceeding shall be as
follows:-

The requisition for extradition of the fugitive
criminal who has taken refuge in an over-sea
province, colony, or possession of either of the two
contracting parties, shall be made to the Governor
or chief authority of such province, colony, or pos-
session by the chief Consular Officer of the other
State in such province, colony, or possession; or, if
the fugitive has escaped from an over-sea province,
colony, or possession of the State on whose behalf
the extradition is demanded, by the Governor or
chief authority of such province, colony, or pos-
session.

In these cases the provisions of this treaty shall
be observed as far as possible by the respective
Governors or chief authorities, who, however, shall
be at liberty either to grant the extradition, or to
refer the decision of the matter to the Governments
of their respective countries.

ARTICLE XI.

In cases where it may be necessary, the Spanish
Government shall be represented at the English
Courts by the Law Officers of the Crown, and the
English Government in the Spanish Court by the
Public Prosecutor (Ministerio Fiscal).

The respective Governments will give assistance
to the Diplomatic Representatives who claim their
intervention for the custody and security of the
persons subject to extradition.

ARTICLE XII.

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
extradition 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.

ARTICLE XIII.

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 or
offences committed upon their respective territories,
his extradition shall be granted to that State whose
demand is earliest in date; unless any other arrange-
ment should exist between the different Governments
to determine the preference, either on account of the
gravity of the crime or offence, or for any other
reason.

ARTICLE XIV.

If the individual claimed should be under pro-
secution, or have been condemned for a crime or
offence committed in the country where he may have
taken refuge, his surrender may be deferred until he
shall have been set at liberty in due course at law.

In case he should be proceeded against or de-
tained in such country, on account of obligations
contracted towards private individuals, the extra-
dition shall nevertheless take place.

ARTICLE XV.

Every article found in the possession of the in-
dividual 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 extradition takes place. Such delivery
shall not be limited to the property or articles
obtained by stealing or by fraudulent bankruptcy,
but shall extend to everything that may serve as
proof of the crime or offence, and shall take place
even when the extradition, after having been
granted, cannot be carried out by reason of the
escape or death of the individual claimed.

The rights of third parties with regard to the said
property or articles are nevertheless reserved.

ARTICLE XVI.

The high contracting parties renounce any claim
for the reimbursement of the expenses incurred by
them in the arrest and maintenance of the person to
be surrendered, and his conveyance as far as the
frontier; they reciprocally agree to bear such ex-
penses themselves.