974

THE NEW ZEALAND GAZETTE.
[No. 43

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, and manslaughter.
2. Assault occasioning actual bodily harm. Malicious wounding or inflicting grievous bodily harm.
3. Counterfeiting or altering money, or uttering counterfeit or altered money.
4. Knowingly making any instrument, tool, or engine adapted and intended for counterfeiting coin.
5. Forgery, counterfeiting, or altering or uttering what is forged, counterfeited, or altered.
6. Embezzlement or larceny.
7. Malicious injury to property if the offence be indictable.
8. Obtaining money, goods, or valuable securities by false pretences.
9. Receiving money, valuable security, or other property knowing the same to have been stolen, embezzled, or unlawfully obtained.
10. Crimes against bankruptcy law.
11. Fraud by a bailee, banker, agent factor, trustee, or director, or member or public officer of any company.
12. Perjury, or subornation of perjury.
13. Rape.
14. Carnal knowledge, or any attempt to have carnal knowledge, 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.
15. Indecent assault. Indecent assault, even with consent, upon children of either sex under thirteen years of age.
16. Administering drugs or using instruments with intent to procure the miscarriage of a woman.
17. Abduction.
18. Child-stealing.
19. Abandoning children, exposing or unlawfully detaining them.
20. Kidnapping and false imprisonment.
21. Burglary or housebreaking.
22. Arson.
23. Robbery with violence.
24. Any malicious act done with intent to endanger the safety of any person in a railway-train.
25. Threats by letter or otherwise, with intent to extort.
26. Piracy by law of nations.
27. Sinking or destroying a vessel at sea, or attempting or conspiring to do so.
28. Assaults on board a ship on the high seas with intent to destroy life or to do grievous bodily harm.
29. Revolt, or conspiracy to revolt, by two or more persons on board a ship on the high seas against the authority of the master.
30. 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 San Marino, has already been tried and discharged or punished, or is actually upon his trial, within the territory of the other of the two high contracting parties, for the crime for which his extradition is demanded.
If the person claimed on the part of the British Government, or if the person claimed on the part of the Government of San Marino, should be under examination, or be 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.

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 opportunity 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 following manner:
Application on behalf of Her Britannic Majesty's Government for the surrender of a fugitive criminal in San Marino shall be made by Her Majesty's Consul for the Republic of San Marino.
Application on behalf of the Republic of San Marino for the surrender of a fugitive criminal in the United Kingdom shall be made either direct by the Captains Regent or by the Consul of the Republic accredited to the British Government 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.
If the requisition relates to a person already convicted, it must be accompanied by the sentence of condemnation passed against the convicted person by the competent Court of the State that makes the requisition for extradition.
A sentence passed in contumaciam is not to be deemed a conviction, but a person so sentenced may be dealt with as an accused person.

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.
If the fugitive has been arrested in the British dominions, he shall forthwith be brought before a competent Magistrate, who is to examine him and to conduct the preliminary investigation of the case, just as if the apprehension had taken place for a crime committed in the British dominions.
In the examinations which they have to make in accordance with the foregoing stipulations, the authorities of the British dominions shall admit as valid evidence the sworn depositions or the affirmations of witnesses taken in San Marino, 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 Republic of San Marino.
2. Depositions or affirmations, or the copies thereof, must purport to be certified, under the hand of a Judge, Magistrate, or officer of the Republic of San Marino, to be the original depositions or affirmations, or to be the 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 Republic of San Marino.
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 and legalisation of the Republic of San Marino; but any other mode of authentication for the time being permitted by the law in that part of the British dominions where the examination is taken may be substituted for the foregoing.

ARTICLE XI.
If the fugitive has been arrested in the Republic of San Marino, his surrender shall be granted if, upon examination