JULY 25.]

THE NEW ZEALAND GAZETTE.

811

3. Administering drugs or using instruments with intent
   to procure the miscarriage of women.
4. Rape.
5. Carnal knowledge, or any attempt to have carnal know-
   ledge, of a girl under sixteen years of age, if the evidence
   produced justifies committal for those crimes according to the
   laws of both the contracting parties.
6. Indecent assault.
7. Kidnapping and false imprisonment, child-stealing.
8. Abduction.
9. Bigamy.
10. Maliciously wounding or inflicting grievous bodily
    harm.
11. Assault occasioning actual bodily harm.
12. Threats, by letter or otherwise, with intent to extort
    money or other things of value.
13. Perjury or subornation of perjury.
14. Arson.
15. Burglary or housebreaking, robbery with violence,
    larceny, or embezzlement.
16. Fraud by a bailee, banker, agent, factor, trustee,
    director, member, or public officer of any company, made
    criminal by any law for the time being in force.
17. Obtaining money, valuable security, or goods by false
    pretences; receiving any money, valuable security, or other
    property, knowing the same to have been stolen or unlaw-
    fully obtained.
18. (a.) Counterfeiting or altering money, or bringing into
    circulation counterfeited or altered money.
    (b.) Forgery, or counterfeiting or altering, or uttering what
    is forged, counterfeited, or altered.
    (c.) Knowingly making, without lawful authority, any
    instrument, tool, or engine, adapted and intended for the
    counterfeiting of coin of the realm.
19. Crimes against bankruptcy law.
20. Any malicious act done with intent to endanger the
    safety of any person travelling or being upon a railway.
21. Malicious injury to property, if such offence be indict-
    able.
22. 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.
23. Dealing in slaves in such manner as to constitute a
    criminal offence against the laws of both States.
    The extradition is also to be granted for participation in
    any of the aforesaid crimes, provided such participation be
    punishable by the laws of both 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 Her Majesty's Government, or the person
claimed on the part of the Government of Mexico, has
already been tried and discharged or punished, or is still
under trial in the territory of Mexico or in the United King-
dom respectively for the crime for which his extradition is
demanded.
If the person claimed on the part of Her Majesty's Govern-
ment, or on the part of the Government of Mexico, should
be under examination for any other crime in the territory of
Mexico or in the United Kingdom respectively, his extra-
dition shall be deferred until the conclusion of the trial and
the full execution of any punishment awarded to him.

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 prose-
cution 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 has had an oppor-
tunity 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 respec-
tively.
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 contumaciam 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.
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 infor-
mation or complaint, and such evidence, or after such pro-
ceedings 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 Magis-
trate, 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. In the
Republic of Mexico the Government will decide on the ex-
tradition by administrative procedure, until a judicial pro-
cedure be established by law, when the accused will be
delivered as soon as possible to the Judge designated by law.
The criminal shall, in accordance with this article, be dis-
charged, as well in Mexico as in the United Kingdom, if
within the term of thirty days a requisition for extradition
shall not have been made by the diplomatic 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 XI.
The extradition shall take place only if the evidence be
found sufficient, according to the laws of the State applied
to, either to justify the committal of the prisoner for trial,
in case the crime had been committed in the territory of the
same State, or to prove that the prisoner is the identical
person convicted by the Courts of the State which makes the
requisition, and that the crime of which he has been con-
victed is one in respect of which extradition could, at the
time of such conviction, have been granted by the State
applied to; and no criminal shall be surrendered until after
the expiration of fifteen days from the date of his committal
to prison to await the warrant for his surrender.

ARTICLE XII.
In the examinations which they will have to make in
accordance with the foregoing stipulations, the authorities
of the State applied to for said extradition shall admit as
valid evidence the depositions or statements of witnesses
taken in the other State, under oath or under solemn
affirmation to tell the truth, according as its legislation may
provide, or the copies of these depositions or statements, and
likewise the warrants issued and sentences pronounced in
the State which demands the extradition, the certificates of
the fact of the condemnation, or the judicial documents
which prove it, provided the same are authenticated as
follows:-

1. A warrant must purport to be signed by a Judge, Magis-
   trate, or officer of the other 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 other State, to be the original depositions or
   affirmations, or to be true copies thereof, as the case may
   require.
3. A certificate of, or a judicial document stating the fact
   of, a conviction must purport to be certified by a Judge,
   Magistrate, or officer of the other State.
4. In every case such warrant, deposition, affirmation,
   copy, certificate, or judicial document must be authenti-
   cated either by the oath of some witness, or by being sealed