APRIL 1.]
THE NEW ZEALAND GAZETTE.
413

fied 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
Secretary of State, or of the Chancellor of the Swiss
Confederation.

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
apprehension, shall, if the competent authority of
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 surrendered, and his conveyance to the frontiers
of the State from which he is required; they re-
ciprocally agree to bear such expenses themselves.

ARTICLE XVI.
The stipulations of the present treaty shall be
applicable to the colonies and foreign possessions of
Her Britannic Majesty.
The requisition for the arrest and surrender of
a fugitive criminal who has taken refuge in any of
such colonies or foreign possessions shall be made
through the Swiss Consul-General in London to the
Secretary of State for Foreign Affairs, who shall
proceed in conformity with the provisions of the
present treaty and the laws of the land.
Her Britannic Majesty shall, however, be at liberty
to make special arrangements in the British colonies
and foreign possessions for the surrender of such
individuals as shall have committed in Switzerland
any of the crimes hereinafore mentioned, who may
take refuge within such colonies and foreign posses-
sions, on the basis as nearly as may be of the pro-
visions of the present treaty.
The requisition for the surrender of a fugitive
criminal from any colony or foreign possession of
Her Britannic Majesty shall be governed by the
rules laid down in the preceding articles of the
present treaty.

ARTICLE XVII.
The present treaty shall come into force ten days
after its publication in conformity with the forms
prescribed by the laws of the high contracting parties.
It may be terminated by either of the high contract-
ing parties, but shall remain in force for six months
after notice has been given for its termination.
The treaty shall be ratified, and the ratification
shall be exchanged at Berne in four weeks, or sooner
if possible.
In witness whereof the respective Plenipotentiaries
have signed the same, and have affixed thereto the
seal of their arms.
Done at Berne, the thirty-first day of March, in
the year of our Lord one thousand eight hundred
and seventy-four.

(L.S.)
(L.S.)
A. G. G. BONAR.
J. M. KNUSEL.

And whereas a protocol amending Article XVI. of
the aforesaid treaty was signed by the Plenipoten-
tiaries of Her Majesty and of the Swiss Confedera-
tion on the twenty-eighth day of November, one
thousand eight hundred and seventy-four, which
protocol is in the following terms:-
The undersigned Plenipotentiaries of Her Majesty
the Queen of the United Kingdom of Great Britain
and Ireland and the Federal Council of the Swiss
Confederation, having met in conference, have taken
into their consideration the following subject:-
They have directed their attention to the fact
that the second paragraph of Article XVI. of
the treaty, which stipulates that the requisition for
the arrest of a fugitive criminal who has taken
refuge in any of the colonies or foreign possessions
of Her Britannic Majesty shall be made through the
Swiss Consul-General in London to the Secretary of
State for Foreign Affairs, was not in accordance with
the law of England, and they have consequently
resolved to declare that the second paragraph of that
article beginning-
"The requisition for the arrest," and concluding
with, "and the laws of the land," shall be null and
void, and in lieu thereof the following words shall be
substituted:-
"The requisition for the surrender of a fugitive
criminal who has taken refuge in any of such
colonies or foreign possessions shall be made to the
Governor or to the supreme authority of such colony
or possession through the Swiss Consul, or, in case
there should be no Swiss Consul, through the Con-
sular Agent of another State charged for the occasion
with the Swiss interests in the colony or possession
in question.
"The Governor or supreme authority above
mentioned shall decide with regard to such requi-
sitions as nearly as possible in accordance with the
provisions of the present treaty. He will, however,
be at liberty either to consent to the extradition, or
report the case to his Government."
The other provisions of Article XVI. remain in
force as they have been agreed upon in the treaty.
This protocol shall be regarded and acted upon as
forming part of the treaty in question.
In witness whereof the undersigned have signed
this protocol, and have hereunto affixed their seals.
Done in duplicate at Berne, the twenty-eighth day
of November, in the year of grace one thousand
eight hundred and seventy-four.
The Plenipotentiary of Great Britain—
(L.S.)
EDWIN CORBETT.

And whereas the ratifications of the said treaty
and protocol were exchanged at Berne on the thirty-
first day of December, one thousand eight hundred
and seventy-four:

And whereas under and by virtue of the powers in
and by Article XVII. of the said treaty reserved and
contained, the Swiss Confederation did on the twenty-
second day of December, one thousand eight hundred
and seventy-seven, give notice to Her Majesty's
Government of the termination of the said treaty,
subject to the provisions in the said article contained
that the same should remain in force for six months
after notice should be given for its termination:

And whereas on the nineteenth day of June, one
thousand eight hundred and seventy-eight, a conven-
tion was entered into between Great Britain and
Switzerland in the terms following:-
The Swiss Federal Council having by a note of
the 22nd December, 1877, denounced the extradition
treaty of the 31st March, 1874, which exists between
the United Kingdom of Great Britain and Ireland
and the Swiss Confederation, and a new extradition
treaty not having as yet been concluded, the high
contracting parties, being desirous of prolonging the
duration of the treaty now in force, have named as
their Plenipotentiaries for this purpose—