1250
THE NEW ZEALAND GAZETTE.
[No. 51

ARTICLE VI.

When any person shall have been surrendered by either of the High Contracting Parties to the other, such person shall not, until he has been restored, or had an opportunity of returning to the country from whence he was surrendered, be triable or tried for any offence committed in the other country prior to the surrender, other than the particular offence on account of which he was surrendered.

ARTICLE VII.

In any case where an individual convicted or accused in Ecuador of any of the crimes described in the present treaty, and who shall have taken refuge in the United Kingdom, shall have obtained naturalisation there, such naturalisation shall not prevent the search for, arrest, and surrender of such individual to the Ecuadorian authorities, in conformity with the said treaty.

In like manner the surrender shall take place on the part of Ecuador in any case where an individual accused or convicted in England of any of the same crimes who shall have taken refuge in Ecuador shall have obtained naturalisation there.

ARTICLE VIII.

No accused or convicted person shall be surrendered if the offence in respect of which his surrender is demanded shall be deemed by the party upon whom it is made to be one of a political character, or if he prove, to the satisfaction of the Police Magistrate, or of the Court before which he is brought on habeas corpus, or to the Secretary of State, 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 IX.

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 X.

The surrender shall not take place 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 the country where the accused shall have taken refuge.

ARTICLE XI.

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 committed upon their territory, his surrender shall, in preference, be granted in compliance with that demand which is earliest in date.

ARTICLE XII.

If the individual claimed should be under prosecution, or in custody, 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 set at liberty 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, his surrender shall nevertheless take place, the injured party retaining his right to prosecute his claims before the competent authority.

ARTICLE XIII.

Every article found in the possession of the individual claimed at the time of his arrest shall be seized, in order to be delivered up with his person at the time when the surrender shall be made. 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. It shall take place even when the surrender, after having been ordered, shall be prevented from taking place by reason of the escape or death of the individual claimed.

ARTICLE XIV.

Each of the two Contracting Parties shall defray the expenses occasioned by the arrest within its territories, the detention, and the conveyance to its frontier, of the persons whom it may consent to surrender in pursuance of the present treaty.

ARTICLE XV.

The stipulations of the present treaty shall be applicable to the foreign or colonial possessions of the two High Contracting Parties.

The requisition for the surrender of a fugitive criminal who has taken refuge in a foreign or colonial possession of either party shall be made to the Governor or chief authority of such possession by the Chief Consular Officer of the other at the seat of Government; or, if the fugitive has escaped from a foreign or colonial possession of the party on whose behalf the requisition is made, by the Governor or chief authority of such possession.

Such requisitions may be disposed of, subject always, as nearly as may be, to the provisions of this treaty by the respective Governors or chief authorities, who however, shall be at liberty either to grant the surrender, or to refer the matter to their Government.

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

ARTICLE XVI.

The present treaty shall come into operation two months after the exchange of the ratifications. Due notice shall in each country be given of the day.

Either party may at any time terminate the treaty on giving to the other six months’ notice of its intention.

ARTICLE XVII.

The present treaty shall be ratified, and the ratifications shall be exchanged at the capital of Ecuador within eight months after the approbation of the Legislative Power according to the laws of each country.

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

Done at Quito, capital of the Republic of Ecuador, the twentieth day of September, one thousand eight hundred and eighty.

And whereas the ratifications of the said treaty were exchanged at Quito, on the nineteenth day of February, one thousand eight hundred and eighty-six.

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 second day of July, one thousand eight hundred and eighty-six, the said Acts shall apply in the case of the Equator, and of the said treaty with the Republic of the Equator.

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 Republic of the Equator and to the said treaty, and so long as the provisions of the Canadian Acts aforesaid continue in force, and no longer.

C. L. PEEL.

Progress-payments for Exported Fish.

Department of Trade and Customs,
Wellington, 24th September, 1886.

WITH reference to the notification in the New Zealand Gazette of the 12th November, 1885, respecting the payment of bonuses to persons who prepare canned and cured fish for export under regulations published on the same date, it is hereby notified that progress-payments on account of such bonuses, claimed in accordance with those regulations, will now be made by this department. Claims to be for quantities not less than one ton net weight, and to be sent through the Collector of Customs at the port from which the fish was exported.

JULIUS VOGEL.

Notice to Mariners, No. 35 of 1886.

Marine Department,
Wellington, N.Z., 28th September, 1886.

THE following Notice to Mariners, received from the Oamaru Harbour Board, is published for general information.

Jos. A. TOLE,
(For the Minister having charge of the Marine Department.)

OAMARU HARBOUR.—ALTERATION IN THE DIRECTION OF LEADING BEACONS.

THE recent easterly gales having altered the direction of the channel into the harbour, the leading beacons have been shifted from the direction of S.S.W. ¼ W. to a direction of S. ¼ W., leading vessels in on a S. ¼ W. course, same distances off the spit and mole-end as mentioned in Notice to Mariners, No. 44 of 1884. All other directions in No. 44 of 1884 still apply, except at two cables’ length of the breakwater read “17ft.” in place of “18ft.” of water.

The beacons being near each other, the black stripes should be kept in line when entering.