726
THE NEW ZEALAND GAZETTE.
[No. 35

The said Principal Secretary of State shall transmit such documents to Her Britannic Majesty’s Principal Secretary of State for the Home Department, who shall then, by order under his hand and seal, signify to some Police Magistrate in London that such requisition has been made, and require him, if there be due cause, to issue his warrant for the apprehension of the fugitive. On the receipt of such order from the Secretary of State, and on the production of such evidence as would, in the opinion of the Magistrate, justify the issue of the warrant, if the crime had been committed in the United Kingdom, he shall issue his warrant accordingly.

When the person claimed shall have been apprehended, he shall be brought before the Magistrate who issued the warrant, or some other Police Magistrate in London. If the evidence to be then produced shall be such as to justify, according to the law of England, the committal for trial of the prisoner, if the crime of which he is accused had been committed in the United Kingdom, the Police Magistrate shall commit him to prison to await the warrant of the Secretary of State for his surrender, sending immediately to the Secretary of State a certificate of the committal and a report upon the case.

After the expiration of a period from the committal of the prisoner, which shall never be less than fifteen days, the Secretary of State shall, by order under his hand and seal, order the fugitive criminal to be surrendered to such person as may be duly authorized to received him on the part of the Oriental Republic of the Uruguay.

(b.) In the case of a person convicted: The course of proceeding shall be the same as above indicated, except that the warrant to be transmitted by the Diplomatic Representative or Consul-General of the Oriental Republic of the Uruguay in support of his requisition shall clearly set forth the crime or offence of which the person claimed has been convicted, and state the place and date of his conviction.

The evidence to be produced before the Police Magistrate shall be such as would, according to the law of England, prove that the prisoner was convicted of the crime charged.

(c.) Persons convicted by judgment in default or arrêt de contumace shall be, in the matter of extradition, considered as persons accused, and, as such, be surrendered.

(d.) After the Police Magistrate shall have committed the accused or convicted person to prison to await the order of a Secretary of State for his surrender, such person shall have the right to apply for a writ of habeas corpus; if he should so apply, his surrender must be deferred until after the decision of the Court upon the return to the writ, and even then can only take place if the decision is adverse to the applicant. In the latter case the Court may at once order his delivery to the person authorized to receive him, without the order of a Secretary of State for his surrender, or commit him to prison to await such order.

ARTICLE VIII.

Warrants, depositions, or statements on oath, issued or taken in the dominions of either of the two high contracting parties, and copies thereof and certificates of or judicial documents stating the fact of conviction, shall be received in evidence in proceedings in the dominions of the other, if purporting to be signed or certified by a Judge, Magistrate, or officer of the country where they were issued or taken, provided such warrants, depositions, statements, copies, certificates, and judicial documents are authenticated by the oath of some witness, or by being sealed with the official seal of the Minister of Justice or some other Minister of State.

ARTICLE IX.

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 the United Kingdom as in the Oriental Republic of the Uruguay, if within the term of thirty days a requisition for extradition shall not have been made by the Diplomatic or Consular Agent of his country, in accordance 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 X.

The stipulations of the present treaty shall be applicable to the colonies and foreign possessions of Her Britannic Majesty.

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 chief authority of such colony or possession by the Chief Consular Officer of the Oriental Republic of the Uruguay in such colony or possession.

Such requisition may be disposed of, subject always, as nearly as may be, to the provisions of this treaty, by the said Governor or chief authority, who, however, shall be at liberty either to grant the surrender or to refer the matter to his Government.

Her Britannic Majesty shall, however, be at liberty to make special arrangements in the British colonies and foreign possessions for the surrender of Uruguayan criminals who may take refuge within such colonies and foreign possessions, on the basis, as nearly as may be, of the provisions of the present treaty.

ARTICLE XI.

The claim for extradition shall not be complied with if the individual claimed has been already tried for the same offence in the country whence the extradition is demanded, or if, since the commission of the acts charged, the accusation, or the conviction, exemption from prosecution or punishment has been acquired by lapse of time, according to the laws of that country.

ARTICLE XII.

If the individual claimed by one of the two contracting parties in pursuance of the present treaty should be also claimed by one or several other Powers, on account of other crimes or offences committed upon their respective territories, his extradition shall be granted to that State whose demand is earliest in date.

ARTICLE XIII.

If the individual named should be under prosecution, or have been condemned for a crime or offence committed in the country where he may have taken refuge, his surrender may be deferred until he shall have been discharged in due course of law.

In case he should be proceeded against or detained in such country on account of obligations contracted towards private individuals, the extradition shall nevertheless take place.

ARTICLE XIV.

Every article found in the possession of the individual claimed at the time of his arrest shall, if the competent authority so decide, be delivered up with his person at the time when the extradition takes place. Such delivery shall not be limited to the property or articles obtained by stealing or by fraudulent bankruptcy, but shall extend to everything that may serve as proof of the crime or offence, and shall take place even when the extradition, after having been granted, cannot be carried out by reason of the escape or death of the individual claimed.

The rights of third parties with regard to the said property or articles are nevertheless reserved.

ARTICLE XV.

The high 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 as far as the frontier: they reciprocally agree to bear such expenses themselves.

ARTICLE XVI.

The present treaty shall be ratified, and the ratifications shall be exchanged at Monte Video as soon as possible.

It shall come into operation ten days after its publication, in conformity with the laws of the respective countries, and each of the contracting parties may at any time terminate the treaty on giving to the other six months’ notice of its intention to do so.

In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms.

Done at Monte Video, the twenty-sixth day of March, in the year of our Lord one thousand eight hundred and eighty-four.

(L.S.) EDMUND MONSON.
(L.S.) MANL. HERRA. Y OBES.

And whereas the ratifications of the said treaty were exchanged at Monte Video on the thirteenth day of December, one thousand eight hundred and eighty-four:

Now, therefore, Her Majesty, by and with the advice of Her Privy Council, and in virtue of the authority committed to her by the said recited Acts, doth order, and it is hereby ordered, that from and after the twentieth day of March, one thousand eight hundred and eighty-five, the said Acts shall apply in the case of Uruguay, and of the said treaty with the Oriental Republic of the Uruguay:

Provided always, and it is hereby further ordered, that the operation of the said Acts shall be suspended within the Dominion of Canada, so far as relates to the Oriental Re-