JUNE 4.] THE NEW ZEALAND GAZETTE. 725

Act to amend the Extradition Act, 1877,” made provision
for carrying into effect within the Dominion the surrender
of fugitive criminals who are in or are suspected of being in
the Dominion:

And whereas a treaty was concluded on the twenty-sixth
day of March, one thousand eight hundred and eighty-four,
between Her Majesty and the Oriental Republic of the
Uruguay, for the mutual extradition of fugitive criminals,
which treaty is in the terms following :—

Her Majesty the Queen of the United Kingdom of Great
Britain and Ireland and His Excellency the President of
the Oriental Republic of the Uruguay, having judged it ex-
pedient, with a view to the better administration of justice
and the prevention of crime, that persons charged with or
convicted of the crimes hereinafter enumerated, and being
fugitives from justice, should, under certain circumstances,
be reciprocally delivered up, have resolved to conclude the
present treaty, and have appointed as their Plenipotentiaries,
namely :—

Her Majesty the Queen of the United Kingdom of Great
Britain and Ireland: The Honourable Edmund John Monson,
a Companion of the Most Honourable Order of the Bath,
Her Majesty’s Minister Resident and Consul-General to the
Oriental Republic of the Uruguay ; and

His Excellency the President of the Oriental Republic of
the Uruguay: Dr. Don Manuel Herrera y Obes, his Minister
Secretary of State for the Department of Foreign Affairs ;

Who, after having communicated to each other their
respective full powers, found in good and due form, have
agreed upon the following articles :—

ARTICLE I.

The high contracting parties engage to deliver up to each
other reciprocally, under the circumstances and conditions
stated in the present treaty, all persons, excepting their own
subjects or citizens, who, being accused or convicted of any
of the crimes enumerated in Article II. committed 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,
   abandoning, exposing, or unlawfully detaining children.

7. Abduction of minors.

8. Bigamy.

9. Wounding or inflicting grievous bodily harm, when such
   acts cause permanent disease or incapacity for personal
   labour, or the absolute loss or privation of a member or
   organ.

10. Arson.

11. Burglary or housebreaking, robbery with violence,
    larceny or embezzlement.

12. Fraud by banker, agent, factor, trustee, director,
    member or public officer of any company, made criminal
    by any law for the time being in force.

13. Obtaining money, valuable security, or goods by false
    pretences ; receiving any money, valuable security, or other
    property, knowing the same to have been feloniously stolen
    or unlawfully obtained, the quantity or value of which shall
    be greater in amount than £200 sterling.

14. (a.) Counterfeiting or altering money, or bringing into
    circulation counterfeited or altered money ;

(b.) Forgery, or counterfeiting, or altering, or knowingly
uttering what is forged, counterfeited, or altered ;

(c.) Knowingly making without lawful authority any in-
strument, tool, or engine adapted or intended for the counter-
feiting of coin of the realm.

15. Crimes against the Bankruptcy Law.

16. Any malicious act done with intent to endanger per-
    sons in a railway train.

17. Malicious injury to property if such offence be indict-
    able, and punishable with one year’s imprisonment or more.

18. 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.

19. 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.

The provisions of the present treaty shall not be applicable
to offences committed before the date of its conclusion.

ARTICLE IV.

A person surrendered shall not be detained or tried for any
crime or offence committed in the other country before the
extradition other than the crime or offence for which his
surrender has been granted.

ARTICLE V.

No person shall be surrendered if the offence in respect of
which his surrender is demanded is one of a political cha-
racter, or if he prove to the satisfaction of the competent
authority of the State in which he is 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 VI.

In the Oriental Republic of the Uruguay the proceedings
for the demand and obtaining extradition shall be as fol-
lows :—

The Diplomatic Representative or Consul-General of Great
Britain shall address to the Minister Secretary of State in the
Department of Foreign Relations, with the demand for ex-
tradition, an authentic and legalized copy of the sentence or
mandate of arrest issued by competent authority, or other
documents of the same legal force, against the accused person,
setting forth clearly the crime or offence on account of which
proceedings are being taken against the fugitive. These
judicial documents shall be accompanied, if possible, by a
description of the person claimed, and by any other infor-
mation or intelligence which may serve to identify such
person.

These documents shall be communicated by the Minister
of Foreign Relations to the Superior Tribunal of Justice,
which, in its turn, shall transmit them to the Stipendiary
Magistrate (Juez Letrado del Crimen). This functionary
shall have power, authority, and jurisdiction, in virtue of the
claim preferred, to issue the formal order of arrest of the
person so claimed, in order that he may be brought before
him, and that, in his presence, and after hearing his defence,
the proofs of his criminality may be taken into consideration ;
and, if the result of this audience be that the said proofs are
sufficient to sustain the charge, he shall be obliged to issue
the formal order of delivery, giving notice thereof, by the
medium of the Superior Tribunal of Justice, to the Minister
of Foreign Relations, who shall dictate the necessary mea-
sures for placing the fugitive at the disposal of the British
agents charged to receive him.

In case the documents furnished by Her Britannic Ma-
jesty’s Government for the identification of the person
claimed, or the information obtained for the same end by the
authorities of the Oriental Republic of the Uruguay, be held
to be insufficient, notice shall immediately be given of the
fact to the Diplomatic Representative or Consular Agent of
Great Britain, the person under arrest remaining in custody
until the British Government shall have furnished new proofs
to establish the identity of such person, or evidence to clear
up other difficulties relating to the examination of, and de-
cision upon, the matter.

The arrest above referred to of the person proceeded against
for any of the crimes or offences specified in this treaty shall
not be prolonged more than three months. At the expira-
tion of that period, if the Government making the claim
shall not have fulfilled the conditions above stated, the
prisoner shall be released, and shall not be liable to be re-
arrested on the same charge.

ARTICLE VII.

In the dominions of Her Britannic Majesty, other than
the colonies or foreign possessions of Her Majesty, the
manner of proceeding, in order to demand and obtain extra-
dition, shall be as follows :—

(a.) In the case of a person accused : The requisition for
the surrender shall be made to Her Britannic Majesty’s
Principal Secretary of State for Foreign Affairs by the Diplo-
matic Representative or Consul-General of the Oriental
Republic of the Uruguay. The said demand shall be accom-
panied by a warrant of arrest or other equivalent judicial
document, issued by a Judge or Magistrate duly authorized
to take cognizance of the acts charged against the accused
in that republic, and duly-authenticated depositions or state-
ments taken on oath before such Judge or Magistrate, clearly
setting forth the said acts, and containing a description of
the person claimed, and any particulars which may serve to
identify him.