1216
THE NEW ZEALAND GAZETTE.
[No. 68

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

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
provision of the said Act of the Parliament of Canada of
1886 should continue in force and no longer:

And whereas a treaty was concluded on the seventeenth
day of December, one thousand eight hundred and ninety-
one, between Her Majesty and His Serene Highness the
Prince of Monaco, 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 Serene
Highness the Prince of Monaco, having judged it expedient,
with a view to the better administration of justice and to the
prevention of crime within their respective territories, that
persons charged with or convicted of the crimes hereinafter
enumerated, and being fugitives from justice, should, under
certain circumstances, be reciprocally delivered up, the said
high contracting parties have named as their Plenipoten-
tiaries 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: Edwin Henry
Egerton, Esquire, Companion of the Most Honourable Order
of the Bath, Her Majesty's Minister Plenipotentiary at
Paris; and

His Serene Highness the Prince of Monaco: Louis
Fernand de Bonnefoy, Baron du Charmel, Envoy Extra-
ordinary and Minister Plenipotentiary of Monaco in France;

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. Assault occasioning actual bodily harm. Malicious
   wounding or inflicting grievous bodily harm.

4. Counterfeiting or altering money, or uttering counter-
   feit or altered money.

5. Knowingly making any instrument, tool, or engine
   adapted and intended for counterfeiting coin.

6. Forgery, counterfeiting, or altering, or uttering what is
   forged, or counterfeited, or altered.

7. Embezzlement or larceny.

8. Malicious injury to property if the offence be indictable.

9. Obtaining money, goods, or valuable securities by false
   pretences.

10. Receiving money, valuable security, or other property
    knowing the same to have been stolen, embezzled, or unlaw-
    fully obtained.

11. Crimes against bankruptcy law.

12. Fraud by a bailee, banker, agent, factor, trustee, or
    director or member or public officer of any company.

13. Perjury, or subornation of perjury.

14. Rape.

15. Carnal knowledge, or any attempt to have carnal know-
    ledge, of a girl under sixteen years of age, so far as such acts
    are punishable by the law of the State upon which the
    demand is made.

16. Indecent assault. Indecent assault without violence
    upon children of either sex under thirteen years of age.

17. Administering drugs or using instruments with intent
    to procure the miscarriage of a woman.

18. Abduction.

19. Child-stealing.

20. Abandoning children, exposing or unlawfully detaining
    them.

21. Kidnapping and false imprisonment.

22. Burglary or housebreaking.

23. Arson.

24. Robbery with violence.

25. Any malicious act done with intent to endanger the
    safety of any person in a railway-train.

26. Threats by letter, or otherwise, with intent to extort.

27. Piracy by law of nations.

28. Sinking or destroying a vessel at sea, or attempting or
    conspiring to do so.

29. Assaults on board a ship on the high seas, with intent
    to destroy life or to do grievous bodily harm.

30. Revolt or conspiracy to revolt, by two or more persons
    on board a ship on the high seas, against the authority of the
    master.

31. 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 Government of Monaco, has already been
tried and discharged or punished, or is still under trial,
within the territories of the two high contracting parties
respectively, for the crime for which his extradition is
demanded.

If the person claimed on the part of the British Govern-
ment, or if the person claimed on the part of the Government
of Monaco, should be under examination, or is undergoing
sentence under a conviction, for any other crime within the
territories of the two high contracting parties 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 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 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 in the follow-
ing manner:—

Applications on behalf of Her Britannic Majesty's Govern-
ment for the surrender of a fugitive criminal in Monaco shall
be made by Her Majesty's Consul in the principality.

Application on behalf of the Principality of Monaco for the
surrender of a fugitive criminal in the United Kingdom shall
be made by the Consul-General of Monaco in London.

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.