722
THE NEW ZEALAND GAZETTE.
[No. 34

issued therein, and certificates of, or judicial documents
stating the fact of, a conviction, provided the same are
authenticated as follows :—

1. A warrant must purport to be signed by a Judge, Magis-
   trate, or officer of the Russian State.
2. Depositions or affirmations, or the copies thereof, must
   purport to be certified under the hand of a Judge, Magistrate,
   or officer of the Russian State, to be the original depositions
   or affirmations, or to be true copies thereof, as the case may
   require.
3. A certificate of, or judicial document stating the fact
   of, a conviction must purport to be certified by a Judge,
   Magistrate, or officer of the Russian State.
4. In every case such warrant, deposition, affirmation,
   copy, certificate, or judicial document must be authenticated
   either by the oath of some witness, or by being sealed with
   the official seal of the Minister of Justice or some other
   Minister of the Russian State; but any other mode of
   authentication for the time being permitted by the law of
   the British dominion where the examination is taken may
   be substituted for the foregoing.

ARTICLE XI.
If the fugitive has been arrested in Russia his surrender
shall be granted if, upon examination by a competent autho-
rity, it appears that the documents furnished by the British
Government furnish sufficient prima facie evidence to justify
the extradition.
The Russian authorities shall admit as valid evidence
records drawn up by the British authorities of the depositions
of witnesses, or copies thereof, and records of conviction or
other judicial documents, or copies thereof, provided that the
said documents be signed or authenticated by an authority
whose competence shall be certified by the seal of a Minister
of State of Her Britannic Majesty.

ARTICLE XII.
The extradition shall not take place unless the evidence
be found sufficient, according to the laws of the State ap-
plied to, either to justify the committal of the prisoner for
trial, in case the crime had been committed in the territory
of the said State, or to prove that the prisoner is the iden-
tical person convicted by the Courts of the State which
makes the requisition, and that the crime of which he has
been convicted is one in respect of which extradition could,
at the time of such conviction, have been granted by the
State applied to; and the fugitive criminal shall not be
surrendered until the expiration of fifteen days from the date
of his being committed to prison to await his surrender.

ARTICLE XIII.
If the individual claimed by one of the two high contract-
ing 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 territo-
ries, his extradition shall be granted to that State whose
demand is earliest in date.

ARTICLE XIV.
If sufficient evidence for the extradition be not produced
within two months from the date of the apprehension of the
fugitive, or within such further time as the State applied to
or the proper tribunal thereof shall direct, the fugitive shall
be set at liberty.

ARTICLE XV.
All articles seized which were in the possession of the
person to be surrendered, at the time of his apprehension,
shall, if the competent authority of the State applied to for
the extradition has ordered the delivery thereof, be given up
when the extradition takes place; and the said delivery
shall extend not merely to the stolen articles, but to every-
thing that may serve as a proof of the crime.

ARTICLE XVI.
All expenses connected with extradition shall be borne by
the demanding State.

ARTICLE XVII.
When, for the purposes of a criminal matter, not being of
a political character, pending in any of its Courts or tri-
bunals, either Government shall desire to obtain the evidence
of witnesses residing in the other State, a “Commission Ro-
gatoire” to that end shall be sent through the diplomatic
channel, and which shall be executed in conformity with
the law of the State where the evidence is to be taken.
The Government which sends the “Commission Rogatoire”
will, however, take all necessary steps and pay all expenses
for finding and procuring the attendance before the Magis-
trate of the witnesses named for examination in such Com-
mission.

ARTICLE XVIII.
The stipulations of the present treaty shall be applicable
to the colonies and foreign possessions of Her Britannic
Majesty, so far as the laws for the time being in force
in such colonies and foreign possessions respectively will
allow.
The requisition for the surrender of a fugitive criminal who
has taken refuge in any of such colonies or foreign pos-
sessions may be made to the Governor or chief authority of
such colony or possession by the Chief Consular Officer of
the Russian Empire in such colony or possession.
Such requisitions may be disposed of, subject always, as
nearly as may be, and so far as the law of such colony or
foreign possession will allow, 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 arrangement in the British colonies and foreign
possessions for the surrender of Russian criminals who may
take refuge within such colonies and foreign possessions, on
the basis, as nearly as may be, and so far as the law of such
colony or foreign possession will allow, of the provisions of
the present treaty.
Requisitions for the surrender of a fugitive criminal ema-
uating from any colony or foreign possession of Her Bri-
tannic Majesty shall be governed by the rules laid down in
the preceding articles of the present treaty.

ARTICLE XIX.
The present treaty shall come into force ten days after its
publication, in conformity with the forms prescribed by the
laws of the high contracting parties. It may be terminated
by either of the high contracting parties at any time on
giving to the other six months’ notice of its intention to
do so.
The treaty shall be ratified, and the ratifications shall be
exchanged at London as soon as possible.
In witness whereof the respective Plenipotentiaries have
signed the same, and have affixed thereto the seal of their
arms.
Done at London, the twenty-fourth day of November,
1886.
(L.S.) IDDESLEIGH.
(L.S.) STAAL.
And whereas the ratifications of the said treaty were ex-
changed at London on the second day of February, one
thousand eight hundred and eighty-seven:
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 twenty-first day of March,
one thousand eight hundred and eighty-seven, the said Acts
shall apply in the case of Russia, and of the said treaty with
His Majesty the Emperor of Russia.
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 Russian Em-
pire 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.

Notice to Mariners, No. 20 of 1887.

DREDGING OPERATIONS, NEW RIVER.

Marine Department,
Wellington, N.Z., 27th May, 1887.
THE New River Harbour Board notify that the dredge is
now at work between the training-walls, and that
masters of vessels should therefore look out for the anchors,
which are marked with wooden buoys in the usual way, as
there are but 9ft. of water, ordinary tides, in the vicinity.
W. J. M. LARNACH.

Notice to Mariners, No. 21 of 1887.

BAR OF MANAWATU RIVER, WEST COAST OF NORTH ISLAND,
NEW ZEALAND.

Marine Department,
Wellington, N.Z., 2nd June, 1887.
ON and after Wednesday, the 8th instant, vessels crossing
the Manawatu Bar will be guided by semaphore from
a temporary flagstaff erected near the leading beacons north-
ward of the flagstaff. The light will continue to be shown
from the permanent flagstaff, and the bar and danger signals
will be exhibited therefrom. Notwithstanding that the
signal “Take the bar” is shown from the permanent flag-
staff, masters are warned that they are not to attempt to
take the bar until they see a red flag hoisted at the tem-
porary flagstaff.
W. J. M. LARNACH.