AUG. 29.]

THE NEW ZEALAND GAZETTE.

939

Volunteer Officer appointed.

Defence Office,
Wellington, 28th August, 1889.

H IS Excellency the Governor has been pleased to ap-
prove of the under-mentioned appointment:—

Wellington Rifle Volunteers.

Herbert James Williams to be Captain. Date of commission,
19th July, 1889.

THOS. FERGUS.

Volunteer Officer transferred to Unattached Active List.

Defence Office,
Wellington, 28th August, 1889.

H IS Excellency the Governor has been pleased to ap-
prove of the transfer of

Captain THOMAS ROWLING,

Nelson City Rifles, to the Unattached Active List.

THOS. FERGUS.

Volunteer Officer resigned.

Defence Office,
Wellington, 28th August, 1889.

H IS Excellency the Governor has been pleased to accept
the resignation of the commission held by the under-
mentioned officer:---

Wellington Rifle Volunteers.

Lieutenant (Acting Captain) Arnold Charles Lewis. Date
of resignation, 6th July, 1889.

THOS. FERGUS.

Justice of the Peace resigned.

Department of Justice,
Wellington, 27th August, 1889.

H IS Excellency the Governor has been pleased to accept
the resignation by

THOMAS PEARSON MOODY, Esq.,

of Kawakawa, of his appointment as a Justice of the Peace
for the colony.

THOS. FERGUS.

Despatch.—Amending Extradition Treaty with Mexico.

Colonial Secretary's Office,
Wellington, 24th August, 1889.

THE following despatch, received from Her Majesty's
Principal Secretary of State for the Colonies, is pub-
lished for general information.

T. W. HISLOP.

(Circular.) Downing Street, 18th June, 1889.

MY LORD,—With reference to Sir M. Hicks Beach's circular
despatch of the 6th December, 1878, I have the honour to
transmit to you, for publication in the colony under your
Government, a copy of an Order in Council of the 28th
ultimo, carrying into effect a declaration of the 19th Feb-
ruary last, amending the Extradition Treaty of 1878 between
Her Majesty the Queen and the King of Spain.

The declaration came into operation on the 10th instant,
in conformity with Article III.

I have, &c., KNUTSFORD.

The Officer Administering the Government of
New Zealand.

[Extract from the London Gazette of Friday, May 31, 1889.]

At the Court at Windsor, the twenty-eighth day of May,
1889.

Present:

THE QUEEN'S MOST EXCELLENT MAJESTY,
LORD PRESIDENT, EARL OF COVENTRY, LORD ASHBOURNE.

WHEREAS by the Extraditions Acts, 1870 and 1873, it was,
amongst other things, enacted that, where an arrangement
has been made with any foreign State with respect to the
surrender to such State of any fugitive criminals, Her
Majesty may, by Order in Council, direct that the said Acts
shall apply in the case of such foreign State; and that Her
Majesty may, by the same or any subsequent order, limit
the operation of the order, and restrict the same to fugitive
criminals who are in, or suspected of being in, the part of
Her Majesty's dominions specified in the order, and render
the operation thereof subject to such conditions, exceptions,
and qualifications as may be deemed expedient; and that if,
by any law made after the passing of the Act of 1870 by the
Legislature of any British possession, provision is made for
carrying into 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 Coun-
cil 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 a treaty was concluded on the fourth day of
June, one thousand eight hundred and seventy-eight, be-
tween Her Majesty and the King of Spain for the mutual
extradition of fugitive criminals:

And whereas by an order of Her Majesty the Queen in
Council, dated the twenty-seventh day of November, one thou-
sand eight hundred and seventy-eight, it was directed
that the Extradition Acts, 1870 and 1873, should apply in
the case of Spain:

And whereas by an Act of the Parliament of Canada passed
in 1886, entitled "An Act respecting the Extradition of
Fugitive Criminals," provision is made for carrying into
effect within the Dominion the surrender of fugitive crimi-
nals:

And whereas by an order of Her Majesty the Queen in
Council, dated the seventeenth day of November, one thou-
sand eight hundred and eighty-eight, it was directed that
the operation of the Extradition Acts, 1870 and 1873, should
be suspended within the Dominion of Canada so long as the
provisions of the said Act of the Parliament of Canada of
1886 should continue in force, and no longer:

And whereas a declaration was concluded on the nine-
teenth day of February, one thousand eight hundred and
eighty-nine, between the Government of Her Majesty and
the Government of His Majesty the King of Spain, for
amending paragraph 5, Article II., and paragraph 5, Article
VI., of the above-mentioned treaty of the fourth day of June,
one thousand eight hundred and seventy-eight, which decla-
ration is in the terms following:---

The Government of Her Majesty the Queen of the United
Kingdom of Great Britain and Ireland, Empress of India,
and the Government of His Majesty the King of Spain, being
desirous to provide for the more effectual repression of crimes
and offences in their respective territories, have authorised
in due form the undersigned to agree as follows:---

ARTICLE I.

The English and Spanish texts of paragraph 5, Article II.,
of the Extradition Treaty of the 4th June, 1878, are can-
celled, and the following text is substituted therefor:---
Unlawful carnal knowledge or any attempt to have unlaw-
ful carnal knowledge of a girl under sixteen years of age.
Indecent assault.

ARTICLE II.

The Spanish text of paragraph 5, Article VI., of the afore-
said treaty is amended by the substitution of the words "no
menor" for the words "que no podrá exceder," so that the
Spanish text shall run, "A la terminacion de un plazo no
menor de quince dias desde que se ordenó la prision y sujecion
á juicio del preso," &c.

ARTICLE III.

The present declaration shall come into force ten days
after its publication, in the manner prescribed by law in the
respective countries.

In witness whereof the undersigned have signed the same,
and have affixed thereto the seal of their arms.

Done at Madrid, in duplicate, the nineteenth day of Feb-
ruary, in the year of our Lord one thousand eight hundred
and eighty-nine.

(L.S.) FRANCIS CLARE FORD.
(L.S.) EL MARQS. DE LA VEGA DE ARMIJO.

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 tenth day of June, one thou-
sand eight hundred and eighty-nine, the said Acts shall
apply, in the case of the said declaration of the nineteenth
day of February, one thousand eight hundred and eighty-
nine, with the Government of His Majesty the King of Spain,
as fully to all intents and purposes as in the case of the said
recited treaty of the fourth day of June, one thousand eight
hundred and seventy-eight:

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 Kingdom of
Spain and to the said treaty and declaration, and so long as
the provisions of the Canadian Act aforesaid of 1886 continue
in force, and no longer.

C. L. PEEL.