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THE NEW ZEALAND GAZETTE.

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
    intent.
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.

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 respec-
tively, 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,
exemption 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 com-
mitted, 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 Switzer-
land by the British Minister to the President of the
Confederation, and in the United Kingdom to the
Secretary 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 re-
quiring 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 juris-
diction. Provided, however, that in the United
Kingdom 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, according
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
identical person convicted by the Courts of the State
which makes the requisition.

ARTICLE XII.
In the examination which they have to make in
accordance with the foregoing stipulations, the au-
thorities 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 certi-