864. THE NEW ZEALAND GAZETTE.
     [No. 53

circumstances and conditions, all persons, excepting
subjects of the Grand Duchy, who, having been
charged with, or convicted by the tribunals of one of
the two high contracting parties of, any of the crimes
or offences enumerated in Article II., committed in
the territory of the one party shall be found within
the territory of the other.

ARTICLE II.
The crimes for which the extradition is to be
granted are the following:-

1. Murder (including assassination, parricide, in-
   fanticide, poisoning, or attempt to murder).
2. Manslaughter.
3. Administering drugs or using instruments with
   intent to procure the miscarriage of women.
4. Rape.
5. Aggravated or indecent assault. Carnal know-
   ledge of a girl under the age of ten years; carnal
   knowledge of a girl above the age of ten years and
   under the age of twelve years; indecent assault upon
   any female, or any attempt to have carnal knowledge
   of a girl under twelve years of age.
6. Kidnapping and false imprisonment, child-steal-
   ing, abandoning, exposing, or unlawfully detaining
   children.
7. Abduction of minors.
8. Bigamy.
9. Wounding, or inflicting grievous bodily harm.
10. Assaulting a Magistrate or peace or public
    officer.
11. Threats by letter or otherwise with intent to
    extort money or other things of value.
12. Perjury, or subornation of perjury.
13. Arson.
14. Burglary or housebreaking, robbery with vio-
    lence, larceny or embezzlement.
15. Fraud by a bailee, banker, agent, factor,
    trustee, director, member, or public officer of any
    company, made criminal by any law for the time
    being in force.
16. Obtaining money, valuable security, or goods
    by false pretences; receiving any money, valuable
    security, or other property, knowing the same to
    have been unlawfully obtained.
17. (a.) Counterfeiting or altering money, or bring
    into circulation counterfeited or altered money;
    (b.) Forgery, or counterfeiting or altering or utter-
    ing what is forged, counterfeited, or altered;
    (c.) Knowingly making without lawful authority
    any instrument, tool, or engine adapted and intended
    for the counterfeiting of coin of the realm.
18. Crimes against bankruptcy law.
19. Any malicious act done with intent to endanger
    persons in a railway train.
20. Malicious injury to property, if such 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, provided such participa-
    tion be punishable by the laws of both contracting
    parties.

ARTICLE III.
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 Government of the Grand Duchy of Luxem-
burg, has already been tried and discharged or
punished, or is still under trial, in the Grand Duchy
or in the United Kingdom respectively, 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 Government of the Grand
Duchy of Luxemburg, should be under examination
for any other crime in the Grand Duchy or in the

United Kingdom respectively, his extradition shall
be deferred until the conclusion of the trial, and
the full execution of any punishment awarded to
him.

ARTICLE IV.
The extradition shall not take place if, subse-
quently to the commission of the crime, or the insti-
tution 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 V.
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 if he prove that the
requisition for his surrender has, in fact, been made
with a view to try or to punish him for an offence of
a political character.

ARTICLE VI.
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, until he has
been restored or has had the opportunity of re-
turning to the country from whence he was sur-
rendered.
The period of one month shall be considered as
the limit of the period during which the prisoner
may, with the view of securing the benefits of this
article, return to the country from whence he was
surrendered.
This stipulation does not apply to crimes committed
after the extradition.

ARTICLE VII.
The requisition for extradition must always be
made by the way of diplomacy, and, to wit, in the
Grand Duchy of Luxemburg by the British Minister
in Luxemburg, and in the United Kingdom to the
Secretary of State for Foreign Affairs, by the Foreign
Minister in Great Britain, who, for the purposes of
this treaty, is recognized by Her Majesty as a
Diplomatic Representative of the Grand Duchy of
Luxemburg.
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 VIII.
If the requisition for extradition be in accordance
with the foregoing stipulations, the competent
authorities of the State applied to shall proceed to
the arrest of the fugitive.
The prisoner is then to be brought before a com-
petent Magistrate, who is to examine him and to
conduct the preliminary investigation of the case,
according to the laws of the country in which he is
found.

ARTICLE IX..
The extradition shall not take place before the
expiration of fifteen days from the date of the fugitive
criminal's committal to prison to await his surrender,
and then only if the evidence produced in due time