Aug. 1.] THE NEW ZEALAND GAZETTE. 2325

18. Any malicious act done with intent to endanger the safety of any persons travelling or being upon a railway.
19. Piracy by the law of nations.
20. Dealing in slaves in such manner as to constitute a criminal offence against the laws of both States.
21. Extradition is also to be granted for other crimes or offences against persons or things which, according to the laws of the High Contracting Parties, are Extradition offences and are punishable by not less than one year's imprisonment.

The extradition is also to 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.

Each of the High Contracting Parties reserves the right to grant or refuse the surrender of its own subjects or citizens.

ARTICLE IV.

The surrender shall not take place when the person claimed by the Government of either of the two nations has already been tried and sentenced by the authorities of the other for the crime for which his extradition is demanded.

If the person claimed should be awaiting trial in the territory of one of the two nations, or be undergoing sentence in it on account of any other crime than that for which his extradition is claimed, his surrender shall be deferred until after he has been discharged, whether by acquittal or on the expiration of his sentence, or by pardon or otherwise.

ARTICLE V.

The extradition shall not take place if, subsequently to the commission of the crime, or the institution of the penal prosecution or the conviction thereon, exemption from prosecution or punishment has been acquired by lapse of time, according to the laws of the State applying or applied to.

ARTICLE VI.

A fugitive criminal shall not be surrendered if the offence in respect of which his surrender is demanded is one of a political character, or if he proves that the requisition for his surrender has in fact been made with a view to try or punish him for an offence of a political character.

ARTICLE VII.

A person surrendered may in no case be kept in prison or be brought to trial in the State to which the surrender has been made for any other crime, or on account of any other matters than those for which the extradition shall have taken place, until he has had an opportunity of returning to the State by which he has been surrendered.

This stipulation does not apply to crimes committed after the extradition.

ARTICLE VIII.

The requisition for extradition shall be made through the Diplomatic Agents of the High Contracting Parties respectively; in default of these by the Consular Officers, and in the absence of both of these, directly from Government to Government.

The requisition for the extradition of an accused person must be accompanied by a warrant of arrest issued by the competent authority of the State requiring the extradition, and by such evidence as, according to the laws of the place where the accused is found, would justify his arrest if the crime had been committed there.

Also, in case of extradition being demanded by Great Britain for a crime which is an offence against some statute, a copy of the said statute shall be sent; and if for a crime at common law only, an extract from some text-book generally recognised as authoritative may be sent as indicating the punishment applicable to the offence giving rise to the requisition.

If the requisition relates to a person already convicted, it must be accompanied by the sentence of condemnation passed against the convicted person by the competent Court of the State that makes the requisition for extradition.

A sentence passed in contumaciam is not to be deemed a conviction, but a person so sentenced may be dealt with as an accused person.

ARTICLE IX.

If the requisition for extradition be in accordance with the foregoing stipulations, the competent authorities of the State applied to shall proceed to the arrest of the fugitive.

ARTICLE X.

When either of the Contracting Governments considers the case urgent it may apply for the provisional arrest of the criminal and the safe keeping of any objects relating to the offence.

Such request will be granted provided the existence of a sentence or warrant of arrest is proved and the nature of the offence of which the fugitive is accused is clearly stated.

The warrant of arrest to which this Article refers should be issued by the competent judicial authorities of the Country applying for extradition. In the United Kingdom the accused shall on arrest be sent as speedily as possible before a Police Magistrate. The prisoner shall be discharged if the State applying does not complete the requisition within the term of ninety days counting from the date of the arrest of the prisoner.

ARTICLE XI.

The extradition shall take place only if 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 same State, or to prove by the documents presented, which shall contain a description of the person claimed and any particulars which shall serve to identify him, 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; and no criminal shall be surrendered until after the expiration of fifteen days from the date of his committal to prison to await the warrant for his surrender.

ARTICLE XII.

In the examinations which they may have to make in accordance with the foregoing stipulations, the Authorities of the State applied to shall admit as valid evidence the sworn depositions or the affirmations of witnesses taken in the other State, or copies thereof, and likewise the warrants and sentences issued therein, and certificates of or judicial documents stating the fact of a conviction, provided the same are authenticated as follows:—

1. A warrant must purport to be signed by a Judge, Magistrate, or Officer of the other State.
2. Depositions or affirmations, or the copies thereof, must purport to be certified under the hand of a Judge, Magistrate, or Officer of the other State to be the original depositions or affirmations, or to be true copies thereof, as the case may require.
3. A certificate of or judicial document stating the fact of a conviction must purport to be certified by a Judge, Magistrate, or Officer of the other State.
4. In every case such warrant, deposition, affirmation, copy, certificate, or judicial document must be authenticated either by oath of some witness or by being sealed with the official seal of the Minister of Justice or some other Minister of the other State; but any other mode of authentication for the time being permitted by the law of the country where the examination is taken may be substituted for the foregoing.

ARTICLE XIII.

If the individual claimed by one of the 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 the State whose demand is earliest in date.

ARTICLE XIV.

If sufficient evidence for the extradition be not produced within ninety days 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.

When extradition is conceded the papers and other articles connected with the offence or its authors, or which were in their possession at the time of their arrest, shall be delivered to the State to which extradition is granted.

This State shall be bound to return them after the termination of the trial, if any person shall satisfy the authorities of the State granting extradition that they have a right to them.

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 His Britannic Majesty, so far as the laws in such colonies and foreign possessions allow.

The requisition for the surrender of a fugitive criminal who has taken refuge in any of such colonies or foreign possessions shall be made to the Governor or chief authority