Oct. 24.] THE NEW ZEALAND GAZETTE. 3137

sent, 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 and of the British Dominions beyond the Seas, Emperor of India,

Claude Coventry Mallet, Esquire, Companion of His Most Distinguished Order of Saint Michael and Saint George, and His Consul for the Republic of Panamá, and

The President of the Republic of Panamá,

His Excellency Ricardo Arias, Secretary of State for the Department of Government and Foreign Affairs ;

Who, after having exhibited to each other their respective full powers and found them in good 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 unlawful carnal knowledge of a girl under the age of sixteen years, so far as such acts are punishable by the law of the State upon which the demand is made.

6. Indecent assault.

7. Kidnapping and false imprisonment, child-stealing.

8. Abandoning, exposing, or detaining children.

9. Abduction.

10. Bigamy.

11. Maliciously wounding or inflicting grievous bodily harm.

12. Assault occasioning actual bodily harm.

13. Threats by letter or otherwise, with intent to extort money or other things of value.

14. Perjury, or subornation of perjury.

15. Arson, or attempt to commit arson.

16. Burglary or housebreaking, robbery with violence, larceny, or embezzlement.

17. Fraud by a bailee, banker, agent, factor, trustee, director, member, or public officer of any Company.

18. 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.

19. (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.

20. Forgery, or knowingly uttering what is forged.

21. Crimes against bankruptcy law.

22. Any malicious act done with intent to endanger the safety of any persons travelling or being upon a railway.

23. Malicious injury to property, if such offence be indictable.

24. 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.

25. 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 Britannic Majesty’s Government, or of the Government of Panamá, has already been tried and discharged or punished, or is waiting trial in the territory of the United Kingdom or in the Republic of Panamá, respectively, for the crime for which his extradition is demanded.

If the person claimed on the part of His Britannic Majesty’s Government, or of the Government of Panamá, should be awaiting trial or undergoing sentence for any other crime in the territory of the United Kingdom, or in the Republic of Panamá, respectively, his extradition shall be deferred until after he has been discharged, whether by acquittal or on expiration of sentence or otherwise.

Article V.

Extradition shall not be granted if exemption from prosecution or punishment has been acquired by lapse of time, according to the laws of the State applying or applied to.

Neither shall it be granted if, according to the law of either country, the maximum punishment for the offence charged is imprisonment for less than one year.

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 shall 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 been restored, or 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 or Consuls-General of the High Contracting Parties respectively.

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.

If the requisition relates to a person already convicted, it must be accompanied by a copy of the judgment passed on 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.

A criminal fugitive may be apprehended under a warrant issued by any competent authority in either country, on such information or complaint, and such evidence, or after such proceedings, as would, in the opinion of the authority issuing the warrant, justify the issue of a warrant if the crime had been committed or the person convicted in that part of the dominions of the two Contracting Parties in which the said authority 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, in accordance with this Article, be discharged, as well in the Republic of Panamá as in the United Kingdom, if within the term of sixty days a requisition for extradition shall not have been made by the Diplomatic Agent or Consul-General of his country in accordance with the stipulations of this Treaty. The same rule shall apply to the cases of persons accused or convicted of any of the crimes or offences specified in this Treaty, and committed in the high seas on board any vessel of either country which may come into a port of the other.

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 if extradition is claimed in respect of an offence of which the fugitive has been already convicted, to prove that the prisoner is the person convicted, 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.

Article XII.

The extradition of fugitives under the provisions of this Treaty shall be carried out in His Britannic Majesty’s Dominions and in the Republic of Panamá, respectively, in conformity with the laws regulating extradition for the time being in force in the surrendering State.