June 2.] THE NEW ZEALAND GAZETTE. 721

effect within such possession the surrender of fugitive criminals who are in, or suspected of being in, such British possession, Her Majesty may, by the Order in Council applying the said Acts in the case of any foreign State, or by any subsequent order, suspend the operation within any such British possession of the said Acts, or of any part thereof, so far as it relates to such foreign State, and so long as such law continues in force there and no longer:

And whereas in accordance with section 18 of “The Extradition Act, 1870,” the Legislature of the Dominion of Canada has, by laws passed in the years one thousand eight hundred and seventy-seven and one thousand eight hundred and eighty-two, and respectively styled “The Extradition Act, 1877,” and “An 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-fourth day of November, one thousand eight hundred and eighty-six, between Her Majesty and His Majesty the Emperor of Russia, 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, Empress of India, and His Majesty the Emperor of All the Russias, having judged it expedient, with a view to the better administration of justice and to the prevention of crime within the two countries and their jurisdictions, that persons charged with or convicted of the crimes hereinafter enumerated, and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up, their said Majesties have named as their Plenipotentiaries to conclude a treaty for this purpose, that is to say,—

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India: The Right Honourable Stafford Henry, Earl of Iddesleigh, Viscount St. Cyres, a Peer of the United Kingdom, and a Baronet of Great Britain, Knight Grand Cross of the Most Honourable Order of the Bath, a Member of Her Majesty’s Most Honourable Privy Council, Her Majesty’s Principal Secretary of State for Foreign Affairs, &c.;

And His Majesty the Emperor of all the Russias: M. Georges de Staal, Privy Councillor, Grand Cross of several Russian and Foreign Orders, his Ambassador Extraordinary and Plenipotentiary to Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, &c.;

Who, having communicated to each other their respective 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 those persons who, being accused or convicted of a crime or offence committed in the territory of the one party, shall be found within the territory of the other party, under the circumstances and conditions stated in the present treaty.

ARTICLE II.

The crimes or offences for which the extradition is to be granted are the following:—

1. Murder, or attempt or conspiracy to murder.
2. Manslaughter.
3. Counterfeiting or altering money, or uttering counterfeit or altered money.
4. Forgery, counterfeiting, or altering, or uttering what is forged, or counterfeited, or altered.
5. Embezzlement or larceny.
6. Malicious injury to property, if the offence be indictable.
7. Obtaining money or goods by false pretences.
8. Crimes against bankruptcy law.
9. Fraud by a bailee, banker, agent, factor, trustee, or director, or member or public officer of any company, made criminal by any law for the time being in force.
10. Perjury or subornation of perjury.
11. Rape.
12. Carnal knowledge, or any attempt to have carnal knowledge, of a girl under sixteen years of age.
13. Indecent assault.
14. Administering drugs or using instruments with intent to procure the miscarriage of a woman.
15. Abduction.
16. Child-stealing.
17. Kidnapping and false imprisonment.
18. Burglary or housebreaking.
19. Arson.
20. Robbery with violence.
21. Maliciously wounding or inflicting grievous bodily harm.
22. Threats by letter, or otherwise, with intent to extort.
23. Piracy by law of nations.
24. Sinking or destroying a vessel at sea, or attempting or conspiring to do so.
25. Assaults on board a ship on the high seas, with intent to destroy life or to do grievous bodily harm.
26. Revolt, or conspiracy to revolt, by two or more persons on board a ship on the high seas against the authority of the master.
27. Dealing in slaves in such a manner as to constitute a criminal offence against the laws of both States.

Extradition is also to be granted for participation in any of the aforesaid crimes, provided such participation be punishable by the laws of both the contracting parties.

Extradition may also be granted, at the discretion of the State applied to, in respect of any other crime for which, according to the laws of both the contracting parties for the time being in force, the grant can be made.

ARTICLE III.

Either Government may, in its absolute discretion, refuse to deliver up its own subjects to the other Government.

ARTICLE IV.

The extradition shall not take place if the person claimed on the part of the British Government, or the person claimed on the part of the Russian Government, has already been tried and discharged, or punished, or is still under trial, within the Russian or British dominions respectively, for the crime for which his extradition is demanded.

If the person claimed on the part of the British Government, or if the person claimed on the part of the Russian Government, should be under examination, or is undergoing sentence under a conviction, for any other crime within the Russian or British dominions respectively, his extradition shall be deferred until after he has been discharged, whether by acquittal or on expiration of his sentence, or otherwise.

ARTICLE V.

The extradition shall not take place if, subsequently to the commission of the crime, or the institution 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 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, until he has been restored or had an opportunity of returning to the State by which he has been surrendered.

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 committed 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 sentence passed in contumacium is not to be deemed a conviction, but a person so sentenced may be dealt with as an accused person.

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.

ARTICLE X.

If the fugitive has been arrested in the British dominions, he shall forthwith be brought before a competent Magistrate, 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 British dominions.

In the examinations which they have to make in accordance with the foregoing stipulations, the authorities of the British dominions shall admit as valid evidence the sworn depositions or the affirmations of witnesses taken in Russia, or copies thereof, and likewise the warrants and sentences