886
THE NEW ZEALAND GAZETTE.

Despatch.—Extradition Treaty with Swiss Con-
federation.

Colonial Secretary's Office,
Wellington, 14th June, 1879.
THE following despatch and enclosure from Her
Majesty's Principal Secretary of State for the
Colonies is published for general information.

G. S. WHITMORE.

[CIRCULAR.]
Downing Street, 18th March, 1879.
SIR,—With reference to Lord Carnarvon's circular
despatch of the 16th of January, 1878, I have the
honor to transmit to you, for publication in the
colony under your Government, a copy of a letter
from the Foreign Office, enclosing a copy of an Order
in Council, dated the 22nd February, 1879, for giving
effect to the treaty, the protocol, and the two con-
ventions between Great Britain and the Swiss Con-
federation, for the mutual surrender of fugitive
criminals, respectively signed on the 31st of March,
1874, the 28th of November, 1874, the 19th of June,
1878, and the 13th of December, 1878.

I have, &c.,
M. E. HICKS BEACH.

The Officer Administering the
Government of New Zealand.

The Foreign Office to the Colonial Office.
Foreign Office, 5th March, 1879.
SIR,—I am directed by the Marquis of Salisbury to
acquaint you, for the information of Sir Michael
Hicks Beach, that an Order in Council for giving
effect to the treaty, the protocol, and the two con-
ventions between Great Britain and the Swiss Con-
federation, for the mutual surrender of fugitive
criminals, which were respectively signed on the 31st
of March, 1874, the 28th of November, 1874, the
19th of June, 1878, and the 13th of December, 1878,
was passed on the 22nd ultimo.

This Order in Council, of which I enclose copies,
was published in the London Gazette of the 28th
ultimo.

I am, &c.,
TENTERDEN.

The Under Secretary of State, Colonial Office.

[Extract from the London Gazette of Friday, 28th February,
1879.]

At the Court at Windsor, the 22nd day of
February, 1879.

Present:

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL,

WHEREAS by the Extradition Acts of 1870 and 1873,
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 subsequent 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, exceptions, and qualifications as may
be deemed expedient:

And whereas a treaty was concluded on the thirty-
first day of March, one thousand eight hundred and
seventy-four, between Her Majesty and the Swiss
Confederation, 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 the Swiss Con-
federation, having judged it expedient, with a view
to the better administration of justice and to the
prevention of crime within their respective territories
and jurisdictions, that persons charged with, or con-
victed of, the crimes hereinafter enumerated, and
being fugitives from justice, should, under certain
circumstances, be reciprocally delivered up, have
named as their Plenipotentiaries to conclude a treaty
for this purpose, that is to say,—

Her Majesty the Queen of the United Kingdom of
Great Britain and Ireland: Alfred Guthrie Graham
Bonar, Esquire, Her Envoy Extraordinary and Min-
ister Plenipotentiary to the Swiss Confederation;

And the Federal Council of the Swiss Confedera-
tion: Joseph Martin Knüsel, Member of the Swiss
Federal Council;

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

ARTICLE I.

The high contracting parties engage to deliver up
to each other those persons who, being accused or
convicted of a crime committed in the territory of the
one party, shall be found within the territory of the
other party under the circumstances and conditions
stated in the present treaty.

ARTICLE II.

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

1. Murder (including infanticide) and attempt to
   murder.
2. Manslaughter.
3. Counterfeiting or altering money, uttering or
   bringing into circulation counterfeit or altered
   money.
4. Forgery, or counterfeiting, or altering, or utter-
   ing what is forged, or counterfeited, or altered; com-
   prehending the crimes designated in the penal codes
   of either State as counterfeiting or falsification of
   paper money, bank-notes, or other securities, forgery
   or other falsification of other public or private docu-
   ments, likewise the uttering or bringing into circula-
   tion, or wilfully using such counterfeited, forged, or
   falsified papers.
5. Embezzlement or larceny.
6. Obtaining money or goods by false pretences.
7. Crimes against bankruptcy law.
8. Fraud committed by a bailee, banker, agent,
   factor, trustee, or director, or member or public
   officer of any company made criminal by any law for
   the time being in force.
9. Rape.
10. Abduction of minors.
11. Child-stealing or kidnapping.
12. False imprisonment.
13. Burglary or housebreaking, with criminal in-
    tent.
14. Arson.
15. Robbery with violence.
16. Threats by letter or otherwise with intent to
    extort.
17. Perjury or subornation of perjury.
18. Malicious injury to property, if the offence be
    indictable.

The extradition is also to take place for participa-
tion in any of the aforesaid crimes, as an accessory
before or after the fact.

ARTICLE III.

No Swiss shall be delivered up by Switzerland to
the Government of the United Kingdom; and no
subject of the United Kingdom shall be delivered up
by the Government thereof to Switzerland.