1160
THE NEW ZEALAND GAZETTE.
[No. 40

the Belgian laws, prove that the prisoner was convicted of the crime charged.

ARTICLE IV.

A fugitive criminal may, however, be apprehended under a warrant signed by any Police Magistrate, Justice of the Peace, or other competent authority in either country, on such information or complaint, and such evidence, or after such proceedings, as would, in the opinion of the person issuing the warrant, justify the issue of a warrant if the crime had been committed or the prisoner convicted in that part of the dominions of the two contracting parties in which he exercises jurisdiction: Provided, however, that in the United Kingdom the accused shall, in such case, be sent as speedily as possible before a competent Magistrate. He shall be discharged, as well in the United Kingdom as in Belgium, if within fourteen days a requisition shall not have been made for his surrender by the diplomatic agent of the requiring State in the manner directed by Articles II. and III. of this treaty.

The same rule shall apply to the cases of persons accused or convicted of any of the crimes specified in this treaty, and committed on the high seas on board any vessel of either country which may come into a port of the other.

ARTICLE V.

If within two months, counting from the date of arrest, sufficient evidence for the extradition shall not have been presented, the person arrested shall be set at liberty. He shall likewise be set at liberty if within two months of the day on which he was placed at the disposal of the diplomatic agent he shall not have been sent off to the reclaiming country.

ARTICLE VI.

When any person shall have been surrendered by either of the high contracting parties to the other, such person shall not, until he has been restored, or had an opportunity of returning, to the country from whence he was surrendered, be triable or tried for any offence committed in the other country prior to the surrender, other than the particular offence on account of which he was surrendered.

ARTICLE VII.

No accused or convicted person shall be surrendered if the offence in respect of which his surrender is demanded shall be deemed by the party upon which it is made to be a political offence, or to be an act connected with (connexé à) such an offence, or if he prove to the satisfaction of the Magistrate, or of the Court before which he is brought on habeas corpus, or to the Secretary of State, that the requisition for his surrender has in fact been made with a view to try or to punish him for an offence of a political character.

ARTICLE VIII.

Warrants, depositions, or statements on oath issued or taken in the dominions of either of the two high contracting parties, and copies thereof, and certificates of or judicial documents stating the fact of conviction, shall be received in evidence in proceedings in the dominions of the other, if purporting to be signed or certified by a Judge, Magistrate, or officer of the country where they were issued or taken:

Provided such warrants, depositions, statements, copies, certificates, and judicial documents are authenticated by the oath or solemn affirmation of some witness, or by being sealed with the official seal of the Minister of Justice, or some other Minister of State.

ARTICLE IX.

The surrender shall not take place if, since the commission of the acts charged, the accusation, or the conviction, exemption from prosecution or punishment has been acquired by lapse of time, according to the laws of the country where the accused shall have taken refuge.

ARTICLE X.

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 committed upon their respective territories, his surrender shall be granted to that State whose demand is earliest in date; unless any other arrangement should be made between the Governments which have claimed him, either on account of the gravity of the crimes committed, or for any other reasons.

ARTICLE XI.

If the individual claimed should be under process, or condemned by the Courts of the country where he has taken refuge, his surrender may be deferred until he shall have been set at liberty in due course of law.

In case he should be proceeded against or detained in such country on account of obligations contracted towards private individuals, his surrender shall nevertheless take place, the injured party retaining his right to prosecute his claims before the competent authority.

ARTICLE XII.

Every article found in the possession of the individual claimed at the time of his arrest shall, if the competent authority so decide, be seized, in order to be delivered up with his person at the time when the surrender shall be made. Such delivery shall not be limited to the property or articles obtained by stealing or by fraudulent bankruptcy, but shall extend to everything that may serve as proof of the crime. It shall take place even when the surrender, after having been ordered, shall be prevented from taking place by reason of the escape or death of the individual claimed.

The rights of third parties with regard to the said property or articles are nevertheless reserved.

ARTICLE XIII.

Each of the high contracting parties shall defray the expenses occasioned by the arrest within its territories, the detention, and the conveyance to its frontier, of the persons whom it may consent to surrender in pursuance of the present treaty.

ARTICLE XIV.

The stipulations of the present treaty shall be applicable to the colonies and foreign possessions of the two high contracting parties.

The requisition for the surrender of a fugitive criminal who has taken refuge in a colony or foreign possession of either party shall be made to the Governor or chief authority of such colony or possession by the chief consular officer of the other in such colony or possession; or, if the fugitive has escaped from a colony or foreign possession of the party on whose behalf the requisition is made, by the Governor or chief authority of such colony or possession.

Such requisitions may be disposed of, subject always, as nearly as may be, to the provisions of this treaty, by the respective Governors or chief authorities, who, however, shall be at liberty either to grant the surrender or to refer the matter to their Government.

His Britannic Majesty shall, however, be at liberty to make special arrangements in the British colonies and foreign possessions for the surrender of Belgian criminals who may there take refuge, on the basis, as nearly as may be, of the provisions of the present treaty.

ARTICLE XV.

The present treaty shall come into operation ten days after its publication, in conformity with the laws of the respective countries.

From the day when the present treaty shall come into force, the treaty of extradition between the two countries of the 20th May, 1876; the declaration between the British and Belgian Governments, dated the 23rd July, 1877, extending the treaty of the 20th May, 1876, to certain additional crimes; the further declaration of the 21st April, 1887, amending Article I. of the treaty of the 20th May, 1876; and the convention of the 27th August, 1896, further amending the treaty of the 20th May, 1876, shall all 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.

Either party may at any time terminate the treaty on giving to the other six months’ notice of its intention.

ARTICLE XVI.

The present treaty shall be ratified, and the ratifications shall be exchanged at Brussels as soon as may be within six weeks from the date of signature.

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

Done at Brussels, the twenty-ninth day of October, in the year of our Lord one thousand nine hundred and one.

(L.S.) CONSTANTINE PHIPPS.
(L.S.) FAVEREAU.

And whereas the ratifications of the said treaty were exchanged at Brussels on the sixth day of December, 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 seventeenth day of March, one thousand nine hundred and two, the said Acts shall apply in the case of Belgium, and of the said treaty with Belgium :