THE NEW ZEALAND GAZETTE. 837

ARTICLE IV.
The extradition shall not take place if the person
claimed on the part of the Government of the United
Kingdom, or the person claimed on the part of the
Swiss Government, has already been tried and dis-
charged or punished, or is still under trial, in one of
the Swiss Cantons or in the United Kingdom re-
spectively, for the crime for which his extradition
is demanded.

If the person claimed on the part of the Govern-
ment of the United Kingdom, or if the person claimed
on the part of the Swiss Government, should be
under examination, or have been condemned for any
other crime, in one of the Swiss Cantons or in the
United Kingdom respectively, his extradition may be
deferred until he shall have been set at liberty in due
course of law.

In case such individual should be proceeded against
or detained in the country in which he has taken
refuge, on account of obligations contracted towards
private individuals, his extradition shall, nevertheless,
take place; the injured party retaining his right to
prosecute his claims before the competent authority.

ARTICLE V.
The extradition shall not take place if, subsequently
to the commission of the crime, or the institution of
the penal prosecution, or the conviction thereon, ex-
emption from prosecution or punishment has been
acquired by lapse of time, according to the laws of
the State applied to.

ARTICLE VI.
If the individual claimed by one of the two con-
tracting parties in pursuance of the present treaty
should be also claimed by one or several other Powers,
on account of other crimes committed upon their
respective territories, his surrender shall be granted
to that State whose demand is earliest in date; unless
any other arrangement should be made between the
Governments which have claimed him, either on
account of the gravity of the crimes committed, or
for any other reason.

ARTICLE VII.
A fugitive criminal shall not be surrendered if the
offence in respect of which his surrender is demanded
is one of a political character, or is connected with a
crime of that nature, or if he prove that the requisi-
tion for his surrender has, in fact, been made with a
view to try and punish him for an offence of a political
character.

ARTICLE VIII.
A person surrendered can in no case be kept in
prison, or be brought to trial in the State, to which the
surrender has been made, for any other crime or on
account of any other matters than those for which the
extradition shall have taken place.

This stipulation does not apply to crimes committed
after the extradition.

ARTICLE IX.
The requisition for extradition must always be made
by the way of diplomacy, and, to wit, in Switzerland
by the British Minister to the President of the Con-
federation, and in the United Kingdom to the Secre-
tary of State for Foreign Affairs by the Consul-
General of Switzerland, who, for the purposes of this
treaty, is hereby recognized by Her Majesty as a
diplomatic representative of Switzerland.

The requisition for the extradition of an accused
person must be accompanied by a warrant of arrest
issued by the competent authority of the State
requiring the extradition, and by such evidence as,
according to the laws of the place where the accused
is found, would justify his arrest if the crime had
been committed there.

If the requisition relates to a person already con-
victed, it must be accompanied by the sentence of
condemnation passed against the convicted person by
the competent Court of the State that makes the
requisition for extradition.

A requisition for extradition cannot be founded on
sentences passed in contumaciam.

ARTICLE X.
A fugitive criminal may, however, 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
together with such evidence or after such judicial
proceedings as would, in the opinion of the officer
issuing the warrant, justify its issue if the crime had
been committed in that part of the dominions of the
two contracting parties in which he exercises jurisdic-
tion. Provided, however, that in the United King-
dom the accused shall in such case be sent as speedily
as possible before a Police Magistrate in London.

Such requisition may be made by means of the post
or by telegraph.

The accused shall, however, be discharged if, within
such reasonable time as, with reference to the circum-
stances of the case, the Police Magistrate may fix, the
requisition shall not have been made according to the
stipulations contained in Article IX.

ARTICLE XI.
The extradition shall not take place before the
expiration of fifteen days from the apprehension, and
then only if the evidence be found sufficient, accord-
ing to the laws of the State applied to, either to
justify the committal of the prisoner for trial in case
the crime had been committed in the territory of the
said State, or to prove that the prisoner is the identi-
cal person convicted by the Court of the State which
makes the requisition.

ARTICLE XII.
In the examinations which they have to make in
accordance with the foregoing stipulations, the autho-
rities of the State applied to shall admit as entirely
valid evidence the sworn depositions or statement of
witnesses taken in the other State, or copies thereof,
and likewise the warrants and sentences issued therein,
provided such documents are signed or certified by a
Judge, Magistrate, or officer of such State, and are
authenticated by the oath of some witness, or by
being sealed with the official seal of a British Secre-
tary of State, or of the Chancellor of the Swiss Con-
federation.

ARTICLE XIII.
If sufficient evidence for the extradition be not
produced within two months from the date of the
apprehension of the fugitive, he shall be set at
liberty.

ARTICLE XIV.
All articles seized, which were in the possession of
the person to be surrendered at the time of his ap-
prehension, shall, if the competent authority of the
State applied to for the extradition has ordered the
delivery thereof, be given up when the extradition
takes place, and the said delivery shall extend not
merely to the stolen articles, but to everything that
may serve as a proof of the crime.

ARTICLE XV.
The contracting parties renounce any claim for the
reimbursement of the expenses incurred by them in
the arrest and maintenance of the person to be sur-
rendered, and his conveyance to the frontiers of the
State from which he is required: they reciprocally
agree to bear such expenses themselves.

ARTICLE XVI.
The stipulations of the present treaty shall be ap