1264

THE NEW ZEALAND GAZETTE.

[No. 60

Despatch.—Extradition Treaty with Roumania.

Colonial Secretary's Office,
Wellington, 3rd August, 1894.

THE following despatch and enclosure, received from
Her Majesty's Principal Secretary of State for the
Colonies, is published for general information.

P. A. BUCKLEY.

(Circular.)
Downing Street, 21st May, 1894.

SIR,—I have the honour to transmit to you, for publication
in the colony under your government, a copy of an Order
of Her Majesty the Queen in Council, dated the 30th April,
1894, for giving effect to the treaty between Her Majesty and
His Majesty the King of Roumania for the mutual extradi-
tion of fugitive criminals, signed at Bucharest on the 21st of
March, 1893, the ratifications of which were exchanged at
Bucharest on the 13th of March, 1894.

I have, &c.,

The Officer administering the Government
of New Zealand.

RIPON.

[Extract from the London Gazette of Friday, 11th May, 1894.]

ORDER IN COUNCIL.—EXTRADITION TREATY WITH
ROUMANIA.

Windsor, 30th April, 1894.

At the Court at Windsor, the 30th day of April, 1894.

Present:

THE QUEEN'S MOST EXCELLENT MAJESTY,

LORD PRESIDENT, LORD STEWARD, EARL OF CHESTERFIELD,
LORD CHAMBERLAIN, SIR CHARLES RUSSELL, SIR FRANK
LASCELLES.

WHEREAS by the Extradition 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 sur-
render 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 qualifica-
tions 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 apply-
ing 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 Extra-
dition of Fugitive Criminals," provision is made for carry-
ing 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 twenty-first
day of March, one thousand eight hundred and ninety-
three, between Her Majesty and His Majesty the King of
Roumania 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
King of Roumania, 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 enume-
rated, and being fugitives from justice, should, under certain
circumstances, be reciprocally delivered up, the said high
contracting parties 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 Honourable
Charles Hardinge, Her Britannic Majesty's Chargé d'Affaires
at Bucharest, &c., &c. ;

" And His Majesty the King of Roumania—M. Alexandre
N. Lahovari, Grand Cross of his Order of the Crown of Rou-
mania, &c., &c., his Minister-Secretary of State for Foreign
Affairs ;

" Who, having communicated to each other their respec-
tive 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. Maliciously
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, by explosives or other-
wise, if the offence be indictable.

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

" 10. Receiving money, valuable security, or other pro-
perty knowing the same to have been stolen, embezzled, or
unlawfully 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, made
criminal by any law for the time being in force.

" 13. Perjury, or subornation of perjury.

" 14. Rape.

" 15. Carnal knowledge, or any attempt to have carnal
knowledge, of a girl under fourteen years of age.

" 16. Indecent assault.

" 17. Procuring miscarriage, 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 detain-
ing 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 do grievous bodily harm.

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

" 31. Dealing in slaves.

" 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.

" 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
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 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
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.