2038
THE NEW ZEALAND GAZETTE.
[No. 92

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.

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 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 Servia. 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 Servia 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 possessions of Her Britannic Majesty shall be governed by the 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 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 Belgrade as soon as possible.

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

Done in duplicate, at Belgrade, the 6 December, 1900.

(L.S.) G. F. BONHAM.
(L.S.) ALEXA S. JOVANOVIC.

And whereas the ratifications of the said treaty were exchanged at Belgrade on the thirteenth day of March, one thousand nine hundred and one:

Now, therefore, His Majesty, by and with the advice of his Privy Council, and in virtue of the authority committed to him by the said recited Acts, doth order, and it is hereby ordered, that from and after the thirteenth day of August, one thousand nine hundred and one, the said Acts shall apply in the case of Servia, and of the said treaty with Servia:

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 London Gazette of Friday, 2nd August, 1901.]

Notice to Mariners No. 66 of 1901.

FRENCH PASS, CURRENT BASIN, ALTERATION OF MIDDLE BANK AND BUOY.

Marine Department,
Wellington, N.Z., 18th October, 1901.

NOTICE is hereby given that, the red buoy marking the north-eastern extreme of the Current Basin, Middle Bank, having dragged to the southward, it has been removed in 3¾ fathoms low-water springs, and the following magnetic bearings were taken from its present position :—

Rock-cod Point .. .. .. N. 86° E.
Lighthouse .. .. .. N. 41° E.
Reef Point .. .. .. N. 3° E.
Audibert Point .. .. .. S. 57° E.
Creek in fourth beach south of Reef Point N. 76° W.

As the tide where the buoy is now moored runs with great velocity, especially during the ebb, and the bank on the north end being steep-to, there is a possibility of the buoy being set off with the ebb tide and getting out of position.

Since the last survey of the French Pass was made an alteration has taken place in the Middle Bank. The north-eastern side of the bank has extended 120 ft. further to the eastward than the chart shows, thus narrowing the channel to that extent.

Chart, &c., affected: Admiralty Chart No. 1096: “New Zealand Pilot,” 6th edition, chap. v., p. 222.

WM. HALL-JONES.

Notice to Mariners No. 67 of 1901.

TOKOMARU AND TOMOANA ROCKS, POVERTY BAY, OFF GISBORNE.

Marine Department,
Wellington, N.Z., 18th October, 1901.

REFERRING to Notice to Mariners No. 54 of 1901, issued by this department on the 13th August last, it is hereby notified that the temporary buoys placed to mark the position of the Tokomaru and Tomoana Rocks, in Poverty Bay, off Gisborne, have come ashore, and that, as these rocks are so close to each other and to the red buoy, the Gisborne Harbour Board has decided not to replace them.

WM. HALL-JONES.

Notice of Intention to take Land for Invercargill Gaol.

NOTICE is hereby given that it is proposed, under the provisions of “The Public Works Act, 1894,” to execute a certain public work, to wit, the construction of a gaol near Invercargill, and for the purposes of such public work the land described in the Schedule hereto is required to be taken. And notice is hereby further given that the plan of the land so required to be taken is deposited in the Post-office, Invercargill, and is there open for inspection; and that all persons affected by the execution of the said public work or by the taking of the said land should, if they have any well-grounded objections to the execution of the said public work or to the taking of such land, set forth the same in writing, and send such writing within forty days from the first publication of this notice to the Minister for Public Works, Wellington.

SCHEDULE.

THE parcels of land required to be taken :—

All in the Land District of Southland; as the same are more particularly delineated on the plan marked P.W.D. 19585, deposited in the office of the Minister for Public Works, at Wellington, in the Provincial District of Wellington, and thereon coloured green.

As witness my hand, at Wellington, this twenty-first day of October, one thousand nine hundred and one.

WM. HALL-JONES.
Minister for Public Works.