Dec. 4.] THE NEW ZEALAND GAZETTE. 2633

Despatch.—Extradition Declaration between Great Britain and Austria-Hungary.

Department of Justice,
Wellington, 28th November, 1902.

THE following despatch and enclosure, received from His Majesty’s Principal Secretary of State for the Colonies, are published for general information.

W. C. WALKER,
For Minister of Justice.

(Circular.) Downing Street, 3rd October, 1902.

Sir,—With reference to my predecessor’s circular despatch of the 30th March, 1874, transmitting a copy of a treaty concluded on 3rd December, 1873, between Her Majesty Queen Victoria and the Emperor of Austria, for the mutual surrender of fugitive criminals, I have the honour to transmit to you, for publication in the colony under your government, a copy of an Order of His Majesty in Council giving effect to a declaration signed on the 26th of June, 1901, and ratified on the 25th of June last, between the United Kingdom and Austria-Hungary, amending Article XI. of the Treaty of 1873.

I have, &c.,
J. CHAMBERLAIN.

The Officer administering the Government
of New Zealand.

ORDER IN COUNCIL.

EXTRADITION DECLARATION OF THE 26TH JUNE, 1901, BETWEEN GREAT BRITAIN AND AUSTRIA-HUNGARY.

Balmoral, 15th September, 1902.

At the Court at Balmoral, the 15th day of September, 1902.

Present:

THE KING’S MOST EXCELLENT MAJESTY.

H.R.H. THE PRINCE OF WALES, DUKE OF FIFE, MR. SECRETARY AKERS-DOUGLAS, SIR DIGHTON PROBYN.

WHEREAS by the Extradition Acts, 1870 to 1895, it was amongst other things enacted that where an arrangement has been made with any foreign State with respect to the surrender to such State of any fugitive criminals, His Majesty may, by Order in Council, direct that the said Acts shall apply in the case of such foreign State; and that His Majesty may, by the same or any subsequent Order, limit the operation of the Order, and restrict the same to fugitive criminals who are in or suspected of being in the part of His Majesty’s dominions specified in the Order, and render the operation thereof subject to such conditions, exceptions, and qualifications as may be deemed expedient:

And whereas a treaty was concluded on the third day of December, one thousand eight hundred and seventy-three, between Her late Majesty Queen Victoria and His Majesty the Emperor of Austria and King of Hungary for the mutual extradition of fugitive criminals, in the case of which treaty “The Extradition Act, 1870,” was applied by Order in Council of the seventeenth March, one thousand eight hundred and seventy-four:

And whereas a declaration was concluded on the twenty-sixth day of June, one thousand nine hundred and one, between His Majesty and His Majesty the Emperor of Austria, King of Hungary, amending Article XI. of the said treaty of the third of December, one thousand eight hundred and seventy-three, for the mutual extradition of fugitive criminals, which declaration is in the terms following:—

As it is considered necessary by the Government of Great Britain and Ireland and by the Governments of Austria and Hungary to extend the period of fourteen days fixed in Article XI. of the treaty for the mutual surrender of criminals, concluded on the 3rd December, 1873, between Her late Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, &c., on one side, and His Majesty the Emperor of Austria, King of Bohemia, &c., and Apostolic King of Hungary, on the other, the respective plenipotentiaries undersigned have agreed that—

The last paragraph of Article XI. of the said treaty of extradition shall be altered as follows:—

“Provided, however, that he shall be discharged if, within the shortest time possible, and at the utmost within one month, a requisition for his surrender in accordance with the terms of Article IX. of this treaty be not made by the diplomatic representative of the State which requests his extradition.”

The present declaration shall have the same force and duration as the extradition treaty of the 3rd December, 1873, to which it relates.

The present declaration shall be ratified, and the ratifications shall be exchanged as soon as possible at London.

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

Done in duplicate at London, the 26th day of June, 1901.

For Great Britain and Ireland, His Britannic Majesty’s Principal Secretary of State for Foreign Affairs,
(L.S.) LANSOWNE.

For Austria and for Hungary, the Austro-Hungarian Ambassador,
(L.S.) DRYM.

And whereas the ratifications of the said declaration were exchanged at London on the twenty-fifth day of June, one thousand nine hundred and two:

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 sixth day of October, one thousand nine hundred and two, the said Acts shall apply in the case of Austria and Hungary under and in accordance with the said treaty as amended by the said declaration above set forth.

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, 26th September, 1902.]

Notice to Mariners No. 83 of 1902.

Marine Department,
Wellington, 27th November, 1902.

REFERRING to Notice to Mariners No. 42 of 1901, issued by this Department on the 26th June, 1901, the following notice, received from the Department of Ports and Harbours, Melbourne, Victoria, is published for general information.

WM. HALL-JONES.

PORT OF GEELONG.

REFERRING to Notice to Mariners No. 87, dated 27th May, 1901, mariners and others are hereby informed that dredging operations will be resumed in Hopetoun Channel on or about the 5th November, 1902, and that there will be exhibited a basket ball by day and three red lights in a vertical position by night, from the port or starboard side of the dredger, to indicate the side on which vessels navigating the channel are to pass such dredger.

The dredger will be moored at night on the south side of the channel, consequently vessels passing through the channel at night must pass to the northward of the dredger.

Caution.

Mariners and others must pass the dredger at the slowest possible speed, and must stop the engines when passing the dredger’s chains.

C. W. MACLEAN,
Port Officer.

Department of Ports and Harbours,
Melbourne, 29th October, 1902.

Notice to Mariners No. 84 of 1902.

Marine Department,
Wellington, 29th November, 1902.

THE following Notices to Mariners, received from the Marine Board, Port Adelaide, South Australia, and the Department of Ports and Harbours, Melbourne, Victoria, are published for general information.

WM. HALL-JONES.

SOUTH AUSTRALIA.

Spencer’s Gulf.—False Bay, Hummocks Hill.

Masters of vessels and others are informed that a fixed white light is now shown by the Broken Hill Proprietary Company from the end of their jetty near Hummocks Hill, False Bay.

The light, which is placed at a height of 30 ft. above ordinary sea-level, is visible for a distance (approximately) of six miles, and will be exhibited until further notice.

ARTHUR SEARCY,
President of the Marine Board.

Marine Board Offices,
Port Adelaide, 20th October, 1902.