414

THE NEW ZEALAND GAZETTE.

ARTICLE XII.
In the examinations which they have to make in
accordance with the foregoing stipulations, the
authorities 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 sen-
tences 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 Secretary of State, or of the Chan-
cellor 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 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
surrendered, 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
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 pos-
sessions, on the basis as nearly as may be of the
provisions 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 con-
tracting parties, but shall remain in force for six
months after notice has been given for its termina-
tion.
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.

[No. 26

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 Confederation
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, 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 pos-
session through the Swiss Consul, or, in case there
should be no Swiss Consul, through the Consular
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 men-
tioned shall decide with regard to such requisitions
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 con-
vention was entered into between Great Britain and
Switzerland in the terms following:--