MAR. 22.]
THE NEW ZEALAND GAZETTE.
353

crime within the two countries and their jurisdictions, that
persons charged with or convicted of the crimes or offences
hereinafter enumerated, and being fugitives from justice, should,
under certain circumstances, be reciprocally delivered up, have
named as their Plenipotentiaries to conclude a treaty, that is
to say,-
Her Majesty the Queen of the United Kingdom of Great
Britain and Ireland: The Right Honourable Richard Bickerton
Pemell, Lord Lyons, a Peer of the United Kingdom of Great
Britain and Ireland, Knight Grand Cross of the Most Honour-
able Order of the Bath, Knight Grand Cross of the Most
Distinguished Order of St. Michael and St. George, one of Her
Britannic Majesty's Most Honourable Privy Council, and Her
Majesty's Ambassador Extraordinary and Plenipotentiary to
the French Republic;
And his Excellency the President of the Republic of Salvador:
Señor Don José Maria Torres-Caïcedo, Minister Plenipotentiary
of the Republic of Salvador to Her Majesty the Queen of the
United Kingdom of Great Britain and Ireland, Grand Officer
of the Legion of Honour;
Who, after having communicated to each other their respec-
tive full powers, found in good and due form, have agreed upon
and concluded the following articles:-

ARTICLE I.

The high contracting parties engage to deliver up to each
other, under the circumstances and conditions stated in the
present treaty, those persons who, being accused or convicted
of any of the crimes or offences enumerated in Article II., com-
mitted in the territory of the one party, shall be found within
the territory of the other party.

ARTICLE II.

The extradition shall be reciprocally granted for the following
crimes or offences:-

1. Murder (including assassination, parricide, infanticide,
   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 knowledge 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-stealing, aban-
   doning, 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 violence, 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 stolen or unlawfully
    obtained.
17. (a.) Counterfeiting or altering money, or bringing into
    circulation counterfeited or altered money.
    (b.) Forgery, or counterfeiting or altering, or uttering what
    is forged, counterfeited, or altered.
    (c.) Knowingly making, without lawful authority, any instru-
    ment, tool, or engine, adapted and intended for the counter-
    feiting 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 indict-
    able.
21. Crimes committed at sea:-
    (a.) Piracy by the law of nations.
    (b.) Sinking or destroying a vessel at sea, or attempting or
    conspiring to do so.
    (c.) Revolt, or conspiracy to revolt, by two or more persons
    on board a ship on the high seas against the authority of the
    master.
    (d.) Assault on board a ship on the high seas with intent to
    destroy life, or to do grievous bodily harm.
22. Dealing in slaves in such manner as to constitute an
    offence against the laws of both countries.

The extradition is also to take place for participation in any
of the aforesaid crimes as an accessory before or after the fact,
provided such participation be punishable by the laws of both
contracting parties.

ARTICLE III.

No Salvadorian shall be delivered up by the Government of
Salvador to the Government of the United Kingdom, and no
subject of the United Kingdom shall be delivered up by the
Government thereof to the Government of Salvador.

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 Government of Salvador, has
already been tried and discharged or punished, or is still under
trial in the territory of Salvador or in the United Kingdom
respectively for the crime for which his extradition is de-
manded.

If the person claimed on the part of the Government of the
United Kingdom, or on the part of the Government of Salvador,
should be under examination for any other crime in the territory
of Salvador or in the United Kingdom respectively, his extradi-
tion shall be deferred until the conclusion of the trial and the
full execution of any punishment awarded to him.

ARTICLE V.

The extradition shall not take place if, subsequently to the
commission of the crime, or the institution of the penal pro-
secution 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.

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 punish him for an
offence of a political character.

ARTICLE VII.

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 VIII.

The requisition for extradition shall be made through the
diplomatic agents of the high contracting parties respectively.
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 requiring 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 com-
mitted there.

If the requisition relates to a person already convicted, 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 solely on
sentences passed in contumaciam, but persons convicted for con-
tumacy shall be deemed to be accused persons.

ARTICLE IX.

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 competent Magis-
trate, who is to examine him, and to conduct the preliminary
investigation of the case, just as if the apprehension had taken
place for a crime committed in the same country.

ARTICLE X.

A fugitive criminal may 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, and such evidence, or after such proceedings as
would, in the opinion of the authority issuing the warrant,
justify the issue of a warrant if the crime had been committed
or the person convicted in that part of the dominions of the two
contracting parties in which the Magistrate, Justice of the
Peace, or other competent authority exercises jurisdiction:
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. He shall, in accordance with this article,
be discharged, as well in Salvador as in the United Kingdom, if
within the term of thirty days a requisition for extradition shall
not have been made by the diplomatic agent of his country in ac-
cordance with the stipulations of this treaty.

The same rule shall apply to the cases of persons accused or
convicted of any of the crimes or offences specified in this
treaty, and committed on the high seas on board any vessel of
either country which may come into a port of the other.

ARTICLE XI.

The extradition shall take place 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 same State,