1898

Result of Poll for Proposed Loan.

The Treasury,
Wellington, 27th July, 1905.

THE following notice, received from the Chairman of the Waimarino County Council, is published in accordance with the provisions of "The Local Bodies' Loans Act, 1901."

R. J. SEDDON,
Colonial Treasurer.

WAIMARINO COUNTY COUNCIL.

Result of Poll for Proposed Loan, Middle Road Special-rating Area, Waimarino County.

The following is the result of a poll of the ratepayers in the above special-rating area taken on the 19th day of July, 1905, on the proposal to borrow £1,000 for a period of forty-one years at 4 per cent. per annum, under "The Local Bodies' Loans Act, 1901," for the purpose of crowning-up, formation, and metalling from the Ohura Road towards the Orautaha Stream (£500); also for a bridge and approaches thereto over said Orautaha Stream (£500): For the proposal, 11; against the proposal, 3.

The number of valid votes recorded in favour of the proposal being more than three-fifths of the total number of valid votes recorded, I therefore declare the proposal carried.

PETER BRASS,
Chairman.

Despatch.—Extradition Treaty with Cuba.

Department of Justice,
Wellington, 1st August, 1905.

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

JAS. McGOWAN,
Minister of Justice.

(Circular.)
SIR,—I have the honour to transmit to you, for publication in the colony under your Government, a copy of an Order of His Majesty the King in Council, dated the 10th of May, 1905, for giving effect to the treaty between His Majesty and the President of the Republic of Cuba for the mutual extradition of fugitive criminals, signed at Havana on the 3rd of October, 1904, the ratifications of which were exchanged at Havana on the 10th of January, 1905.

I have, &c.,
ALFRED LYTTELTON.
The Officer administering the Government of

ORDER IN COUNCIL.
APPLYING THE EXTRADITION TREATY WITH CUBA OF THE 3RD OCTOBER, 1904.

Buckingham Palace, 10th May, 1905.

At the Court at Buckingham Palace, the 10th day of May, 1905.

Present:

THE KING'S MOST EXCELLENT MAJESTY.
Lord President, Lord Steward, Earl of Kintore, Sir H. Aubrey-Fletcher, Sir Savile Crossley.

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 October, one thousand nine hundred and four, between His Majesty and the President of the Republic of Cuba for the mutual extradition of fugitive criminals, which treaty is in the terms following:—

His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, and

No. 73

His Excellency the President of the Republic of Cuba, having determined, by common consent, to conclude a treaty for the extradition of criminals, have accordingly named as their Plenipotentiaries:

His Majesty the King of the United Kingdom of Great Britain and Ireland, Lionel E. G. Carden, Esq., Minister Resident of Great Britain in Cuba, and His Excellency the President of the Republic of Cuba, Carlos E. Ortiz y Coffigny, Secretary of State and Justice; who, after having exhibited to each other their respective full powers and found them in good order and due form, have agreed upon the following Articles:—

ARTICLE I.

The High Contracting Parties engage to deliver up to each other, under certain circumstances and conditions stated in the present treaty, those persons who, being accused or convicted of any of the crimes or offences enumerated in Article II., committed in the territory of the one Party, shall be found within the territory of the other Party.

ARTICLE II.

Extradition shall be reciprocally granted for the following crimes or offences:—

1. Murder, or attempt or conspiracy to murder.
2. Manslaughter.
3. Administering drugs or using instruments with intent to procure the miscarriage of women.
4. Rape.
5. Carnal knowledge or any attempt to have carnal knowledge of a girl under the age of puberty according to the laws of the respective countries.
6. Indecent assault.
7. Kidnapping and false imprisonment, child-stealing.
8. Abduction.
9. Bigamy.
10. Maliciously wounding or inflicting grievous bodily harm.
11. Assault occasioning actual bodily harm.
12. Threats, by letter or otherwise, with intent to extort money or other things of value.
13. Perjury or subornation of perjury.
14. Arson.
15. Burglary or house-breaking, robbery with violence, larceny, or embezzlement.
16. Fraud by a bailee, banker, agent, factor, trustee, director, member, or public officer of any company.
17. Obtaining money, valuable security, or goods by false pretences; receiving any money, valuable security, or other property, knowing the same to have been stolen or unlawfully obtained.
18. (a.) Counterfeiting or altering money or bringing into circulation counterfeited or altered money.
    (b.) Knowingly making without lawful authority any instrument, tool, or engine adapted and intended for the counterfeiting of the coin of the realm.
    (c.) Forgery, or uttering what is forged.
19. Crimes against bankruptcy law.
20. Any malicious act done with intent to endanger the safety of any persons travelling or being upon a railway.
21. Malicious injury to property, if such offence be indictable.
22. Piracy and other crimes or offences committed at sea against persons or things which, according to the laws of the High Contracting Parties, are extradition offences, and are punishable by more than one year's imprisonment.
23. Dealing in slaves in such manner as to constitute a criminal offence against the laws of both States.

Extradition shall also be granted for participation in any of the aforesaid crimes, provided such participation be punishable by the laws of both 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 law of both the Contracting Parties for the time being in force, the grant can be made.

ARTICLE III.

Neither party is obliged to surrender its own subjects or citizens to the other party.

ARTICLE IV.

Extradition shall not take place if the person claimed on the part of His Majesty's Government,