May 17.] THE NEW ZEALAND GAZETTE. 975

by a competent authority, it appears that the documents
furnished by the British Government contain sufficient
primâ facie evidence to justify the extradition.

The authorities of the republic shall admit as valid evidence records drawn up by the British authorities of the depositions of witnesses, or copies thereof, and records of conviction or other judicial documents, or copies thereof:
Provided that the said documents be signed or authenticated by an authority whose competence shall be certified by the seal of a Minister of State of Her Britannic Majesty.

ARTICLE XII.

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 in case 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. In Her Britannic Majesty's dominions 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 XIII.

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 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 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 expenses of arresting, maintaining, and transporting the person whose extradition is applied for, as well as those of handing over and transporting the property and articles which by the preceding article must be restored or given up, shall be borne by the two States within the limits of their respective territories.

The expenses of transport or other necessary expenses by sea or through the territories of a third State shall be borne by the demanding State.

ARTICLE XVII.

Either of the high contracting parties who may wish to have recourse for purposes of extradition to transit through the territory of a third Power shall be bound to arrange the condition of transit with such third Power.

ARTICLE XVIII.

When in a criminal case of a non-political character either of the high contracting parties should think it necessary to take the evidence of witnesses residing in the dominions of the other, or to obtain any other legal evidence, a "Commission Rogatoire" to that effect shall be sent through the channel indicated in Article VIII., and effect shall be given thereto conformably to the laws in force in the place where the evidence is to be taken.

ARTICLE XIX.

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 may be made to the Governor or chief authority of such colony or possession by any person authorised to act in such colony or possession as a consular officer of the Republic of San Marino.

Such requisitions 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 criminals from San Marino who may take refuge within such colonies and foreign possessions, on the basis as nearly as may be, and 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 the rules laid down in the preceding articles of the present treaty.

ARTICLE XX.

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 at any time on giving to the other six months' notice of its intention to do so.

The treaty shall be ratified, and the ratifications shall be exchanged at Rome as soon as possible.

In witness whereof the respective plenipotentiaries have signed the present treaty in duplicate in English and Italian, and have affixed thereto the seal of their arms.

Done at Florence, the 16th day of October, 1899.

(L.S.)
CURRIE.
(L.S.)
P. O. VIGLIANI.

And whereas the ratifications of the said treaty were exchanged at Rome on the fifth day of December, one thousand eight hundred and ninety-nine:

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 nineteenth day of March, one thousand nine hundred, the said Acts shall apply in the case of San Marino, and of the said treaty with the Captains Regent of the Republic of San Marino:

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, 9th March, 1900.]

Clerk resigned.

Department of Justice,
Wellington, 16th May, 1900.

HIS Excellency the Governor has been pleased to accept the resignation by

JOHN JOSEPH McGRATH

of his appointment as a Clerk in the Native Land Court, as from the 31st instant.

J. CARROLL,
Native Minister.

Bonded and Drawback Goods to be carried by Licensed Carriers only.

RICHARD JOHN SEDDON, Commissioner of Trade and Customs, in exercise of the power in this behalf conferred by "The Customs Laws Consolidation Act, 1882," section 29, and of all other powers enabling me in this behalf, do hereby order and direct that, from and after the ninth day of May, one thousand nine hundred, the ports of POVERTY BAY, WANGANUI, NEW PLYMOUTH, TIMARU, shall be ports in which goods cleared for drawback or from the warehouse shall be carried or waterborne to be put on board ships for exportation; and also that goods carried or waterborne from any importing ship to or to be landed at any wharf, quay, or other place, shall be so carried or waterborne only by persons authorised for that purpose by license of the Commissioner.

Given under my hand, at Wellington, this ninth day of May, in the year of our Lord one thousand nine hundred.

R. J. SEDDON.
Commissioner's Order No. 636.]

Notice to Mariners No. 22 of 1900.

Marine Department,
Wellington, 15th May, 1900.

REFERRING to Notice to Mariners No. 37 of 1899, published by this department on the 7th October last, the following notice, received from the Marine Board, Port Adelaide, South Australia, is published for general information.

WM. HALL-JONES.