764
THE NEW ZEALAND GAZETTE.
[No. 32

The extradition shall only be granted on the production, either in original or in authenticated copy,—

1. Of a conviction ; or,
2. (a.) Of a warrant of arrest (which, by the law of the British dominions, is the only document which is granted when it is adjudged upon evidence taken on oath that the accused ought to be taken into custody), issued in the form prescribed by British law, and indicating the offence in question sufficiently to enable the Netherland Government to decide whether it constitutes, in contemplation of Netherland law, a case provided for by the present treaty; and,
   (b.) Of the evidence.

In the examinations which they have to make in accordance with the foregoing stipulations, the authorities of the Netherland dominions shall admit as valid evidence depositions or statements on oath, or the affirmations, of witnesses, taken in the British dominions, 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:—

1. A warrant must purport to be signed by a Judge, Magistrate, or officer of the British dominions.
2. Depositions or affirmations, or the copies thereof, must purport to be certified under the hand of a Judge, Magistrate, or officer of the British dominions, to be the original depositions or affirmations, or to be true copies thereof, as the case may require.
3. 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 British dominions.
4. 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 one of the Principal Secretaries of State, or some other Minister of State of the British dominions; but any other mode of authentication for the time being permitted by law in that part of the dominions of the Netherlands where the examination is taken may be substituted for the foregoing.

ARTICLE XIII.

The extradition shall not take place unless the evidence be found sufficient, according to the laws of the State applied to, either to justify the committal of the prisoner for trial, if the crime had been committed in the territory of the said 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. The fugitive criminal shall not be surrendered until the expiration of fifteen days from the date of his being committed to prison to await his surrender.

ARTICLE XIV.

If the individual claimed by one of the two 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 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 thereof, 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.

The respective Governments mutually renounce all claim for the repayment of expenses incurred by them in the arrest, and maintenance, and transport of the person to be surrendered, and all other expenses which may be incurred within the limits of their respective territories, until the person to be surrendered is placed on board ship, together with the expenses of giving up and returning all seized articles and of sending and returning the papers containing proof of the crime, or other documents, and they reciprocally agree to bear all such expenses themselves.

The above stipulations, however, shall not apply to extradition to and from Canada, as regards which colony all the expenses shall be borne by the demanding State.

The person to be extradited shall be sent to the port which the diplomatic or consular agent of the demanding State shall indicate.

ARTICLE XVII.

If in any criminal matter pending in any Court or tribunal of one of the two countries it is thought desirable to take the evidence of any witness in the other, such evidence may be taken by the judicial authorities in accordance with the laws in force on this subject in the country where the witness may be; and any expenses incurred in taking such evidence shall be defrayed by the country in which it is taken.

ARTICLE XVIII.

The stipulations of the present treaty shall apply to the colonies and foreign possessions of the two high contracting parties, but, being based upon the legislation of the Mother-country, shall only be observed on either side so far as they may be compatible with the laws in force in those colonies or possessions.

The demand for the extradition of an offender who has taken refuge in a colony or foreign possession of either contracting party may also be made directly to the Governor or principal functionary of that colony or possession by the Governor or principal functionary of a colony or possession of the other contracting party when the two colonies or foreign possessions are situated in Asia, Australia (including New Zealand and Tasmania), the Pacific and Indian Oceans, or South or East Africa.

The same rule shall be followed if the two colonies or foreign possessions are situated in America (including the West India Islands).

The said Governors or principal functionaries shall have the power either of granting the extradition or of referring the question to their Government.

In all other cases the demand for extradition shall be made through the diplomatic channel.

The period of provisional arrest provided for in Article X. shall for the purposes of this Article be extended to sixty days.

ARTICLE XIX.

From the day when the present treaty shall come into force the treaty of extradition between the two countries of the 19th June, 1874, shall cease to have effect; but the present treaty shall apply to all crimes within the treaty, whether committed before or after the day when it comes into force.

ARTICLE XX.

The present treaty shall be ratified and the ratifications shall be exchanged as soon as possible.

The treaty shall come into force three months after the exchange of the ratifications. It may be terminated by either of the high contracting parties at any time on giving to the other six months’ notice of its intention to do so.

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

Done in duplicate at London, this 26th day of September, 1898.

SALISBURY.
SCHIMMELPENNINCK V. D. OYE.

And whereas the ratifications of the said treaty were exchanged at London on the fourteenth day of December, 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 fourteenth day of March, one thousand eight hundred and ninety-nine, the said Acts shall apply in the case of the Netherlands, and of the said treaty with the Queen of the Netherlands:

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 Friday, 3rd February, 1899.]

Approving and appointing a Bonding Warehouse.

CUSTOMS.—In exercise of the powers in me for this purpose vested by “The Customs Laws Consolidation Act, 1882,” I, the Commissioner of Trade and Customs, do hereby approve and appoint the under-mentioned warehouse to be a warehouse or place of security for the manufacture therein of perfumery and other articles in which spirit is a necessary ingredient, namely,—

Port of Dunedin.

A brick building with iron roof, situate in Lower St. Andrew Street, Section 44, Block 16, on the plan of the City of Dunedin, to be known as

MURDOCH’S MANUFACTURING BOND.

Given under my hand, at Wellington, this eleventh day of April, one thousand eight hundred and ninety-nine.

R. J. SEDDON,
Commissioner of Trade and Customs.
Commissioner’s Order No. 610.