✨ Treaty Text and Mining Bonus
Jan. 5.] THE NEW ZEALAND GAZETTE. 13
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 information or complaint, and such evidence, or after such proceedings, 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 Magistrate, 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. He shall, in accordance with this article, be discharged, as well in the Republic of Bolivia as in the United Kingdom, if within the term of sixty 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 convicted 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 have to make in accordance with the foregoing stipulations, the authorities of the State applied to shall admit as valid evidence the sworn depositions or statements of witnesses taken in the other State, or copies thereof, and likewise the warrants and sentences issued therein, and certificates of, or judicial documents stating, the fact of a conviction, provided the same are authenticated as follows:—
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A warrant must purport to be signed by a Judge, Magistrate, or officer of the other State.
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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.
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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 other State.
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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 other State; but any other mode of authentication for the time being permitted by the law of the country where the examination is taken may be substituted for the foregoing.
ARTICLE XIII.
If the individual claimed by one of the high contracting 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 territories, 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 of such articles, be given up when the extradition takes place; and the said delivery shall extend not merely to the stolen articles, but to everything 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.
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 possessions shall be made to the Governor or chief authority of such colony or possession by the chief Consular officer of the Republic of Bolivia in such colony or possession. Such requisition 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 arrangements in the British colonies and foreign possessions for the surrender of Bolivian criminals who may take refuge within such colonies and foreign possessions, on the basis, 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 emanating from any colony or foreign possession of Her Britannic Majesty shall be governed by rules laid down in the preceding articles of the present treaty.
ARTICLE XVIII.
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 by a notice not exceeding one year, and not less than six months. The treaty, after receiving the approval of the Congress of the Republic of Bolivia, shall be ratified, and the ratifications shall be exchanged at Lima 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 Lima, on the twenty-second day of February, one thousand eight hundred and ninety-two. G. JENNER. J. M. BRAUN.
And whereas the ratifications of the said treaty were exchanged at Lima on the seventh day of March, one thousand eight hundred and ninety-eight: 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 fourth day of November, one thousand eight hundred and ninety-eight, the said Acts shall apply in the case of Bolivia, and of the said treaty with the President of the Republic of Bolivia: Provided always that the operation of the said Acts shall be and remain suspended within the Dominion of Canada so long as an Act of the Parliament of Canada passed in one thousand eight hundred and eighty-six, and entitled “An Act respecting the Extradition of Fugitive Criminals,” shall continue in force there, and no longer. A. W. FITZROY. [Extract from the London Gazette of Tuesday, 25th October, 1898.]
Bonus for the Production of Quicksilver.
Mines Office,
Wellington, 17th February, 1898.
NOTICE is hereby given that a bonus of fourpence (4d.) per pound will be paid on the production of the first one hundred thousand pounds weight (100,000lb.) of good marketable retorted quicksilver, free from all impurities, from any mine in New Zealand, on the following conditions, that is to say:—
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That at least one-third of the quantity is produced on or before the 31st March, 1900, and the remaining two-thirds on or before the 31st March, 1901.
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No bonus will be payable until the whole of the one hundred thousand pounds (100,000 lb.) of quicksilver has been produced as stipulated to the satisfaction of an officer to be appointed by the Minister of Mines, and on whose certificate alone the bonus will be paid.
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In the event of more than one person producing the required quantities of quicksilver before the dates named, inquiry will be made by the officer above referred to, when, if it is found that each applicant is equally entitled to a bonus, the amount will be divided in proportion to the quantities produced by each applicant, but in no case shall any bonus be paid until at least one hundred thousand pounds (100,000 lb.) of quicksilver has been produced in the aggregate.
A. J. CADMAN,
Minister of Mines.
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✨ LLM interpretation of page content
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Order in Council giving effect to Extradition Treaty with Bolivia
(continued from previous page)
⚖️ Justice & Law Enforcement20 October 1898
Extradition Treaty, Bolivia, Order in Council, Fugitive Criminals, Diplomatic Relations
- A. W. Fitzroy
🌾 Bonus for Production of Quicksilver in New Zealand Mines
🌾 Primary Industries & Resources17 February 1898
Quicksilver, Mining, Bonus, Production Target, Wellington, Minister of Mines
- A. J. Cadman, Minister of Mines
NZ Gazette 1899, No 1