APRIL 14.] THE NEW ZEALAND GAZETTE. 413

4. Forgery, or counterfeiting, or altering, or utter-
   to that State whose demand is earliest in date; unless
   ing what is forged, or counterfeited, or altered;
   any other arrangement should be made between the
   comprehending the crimes designated in the penal
   Governments which have claimed him, either on
   codes of either State as counterfeiting or falsification
   account of the gravity of the crimes committed, or
   of paper money, bank-notes, or other securities,
   for any other reason.
   forgery or other falsification of other public or private
   ARTICLE VII.
   A fugitive criminal shall not be surrendered if the
   documents, likewise the uttering or bringing into
   offence in respect of which his surrender is demanded
   circulation or wilfully using such counterfeited,
   is one of a political character, or is connected with a
   forged, or falsified papers.
   crime of that nature, or if he prove that the requisi-
5. Embezzlement or larceny.
6. Obtaining money or goods by false pretences.
   tion for his surrender has, in fact, been made with
7. Crimes against bankruptcy law.
   a view to try and punish him for an offence of a
8. Fraud committed by a bailee, banker, agent,
   political character.
   factor, trustee, or director, or member or public
   ARTICLE VIII.
   officer of any company made criminal by any law for
   A person surrendered can in no case be kept in
   the time being in force.
   prison, or be brought to trial in the State to which
9. Rape.
   the surrender has been made, for any other crime
10. Abduction of minors.
    or on account of any other matters than those for
11. Child-stealing or kidnapping.
    which the extradition shall have taken place.
12. False imprisonment.
    This stipulation does not apply to crimes committed
13. Burglary, or housebreaking, with criminal
    after the extradition.
    intent.
    ARTICLE IX.
14. Arson.
    The requisition for extradition must always be
15. Robbery with violence.
    made by the way of diplomacy, and, to wit, in Swit-
16. Threats by letter or otherwise with intent to
    zerland by the British Minister to the President of
    extort.
    the Confederation, and in the United Kingdom to
17. Perjury or subornation of perjury.
    the Secretary of State for Foreign Affairs by the
18. Malicious injury to property, if the offence be
    Consul-General of Switzerland, who, for the purposes
    indictable.
    of this treaty, is hereby recognized by Her Majesty
    The extradition is also to take place for participa-
    as a diplomatic representative of Switzerland.
    tion in any of the aforesaid crimes, as an accessory
    The requisition for the extradition of an accused
    before or after the fact.
    person must be accompanied by a warrant of arrest
    ARTICLE III.
    issued by the competent authority of the State
    No Swiss shall be delivered up by Switzerland to
    requiring the extradition, and by such evidence as,
    the Government of the United Kingdom, and no
    according to the laws of the place where the accused
    subject of the United Kingdom shall be delivered up
    is found, would justify his arrest if the crime had
    by the Government thereof to Switzerland.
    been committed there.
    ARTICLE IV.
    If the requisition relates to a person already con-
    The extradition shall not take place if the person
    victed, it must be accompanied by the sentence of
    claimed on the part of the Government of the United
    condemnation passed against the convicted person
    Kingdom, or the person claimed on the part of the
    by the competent Court of the State that makes the
    Swiss Government, has already been tried and dis-
    requisition for extradition.
    charged or punished, or is still under trial, in one of
    A requisition for extradition cannot be founded on
    the Swiss Cantons or in the United Kingdom re-
    sentences passed in contumaciam.
    spectively, for the crime for which his extradition is
    ARTICLE X.
    demanded.
    A fugitive criminal may, however, be apprehended
    If the person claimed on the part of the Govern-
    under a warrant issued by any Police Magistrate,
    ment of the United Kingdom, or if the person claimed
    Justice of the Peace, or other competent authority,
    on the part of the Swiss Government, should be
    in either country, on such information or complaint,
    under examination or have been condemned for any
    together with such evidence or after such judicial
    other crime, in one of the Swiss Cantons or in the
    proceedings, as would in the opinion of the officer
    United Kingdom respectively, his extradition may be
    issuing the warrant justify its issue if the crime had
    deferred until he shall have been set at liberty in due
    been committed in that part of the dominions of the
    course of law.
    two contracting parties in which he exercises juris-
    In case such individual should be proceeded against
    diction. Provided, however, that in the United
    or detained in the country in which he has taken
    Kingdom the accused shall in such case be sent as
    refuge, on account of obligations contracted towards
    speedily as possible before a Police Magistrate in
    private individuals, his extradition shall nevertheless
    London. Such requisition may be made by means of
    take place; the injured party retaining his right to
    the post or by telegraph.
    prosecute his claims before the competent authority.
    The accused shall, however, be discharged if, within
    ARTICLE V.
    such reasonable time as, with reference to the cir-
    The extradition shall not take place if, subse-
    cumstances of the case, the Police Magistrate may
    quently to the commission of the crime, or the insti-
    fix, the requisition shall not have been made according
    tution of the penal prosecution, or the conviction
    to the stipulations contained in Article IX.
    thereon, exemption from prosecution or punishment
    ARTICLE XI.
    has been acquired by lapse of time, according to the
    The extradition shall not take place before the
    laws of the State applied to.
    expiration of fifteen days from the apprehension,
    ARTICLE VI.
    and then only if the evidence be found sufficient,
    If the individual claimed by one of the two con-
    according to the laws of the State applied to, either
    tracting parties in pursuance of the present treaty
    to justify the committal of the prisoner for trial in
    should be also claimed by one or several other powers,
    case the crime had been committed in the territory
    on account of other crimes committed upon their
    of the said State, or to prove that the prisoner is the
    respective territories, his surrender shall be granted
    identical person convicted by the Courts of the State
    which makes the requisition.