3138
THE NEW ZEALAND GAZETTE.
[No. 92

Article XIII.

In the examinations which they 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, Magis-
   trate, 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, Magis-
   trate, or Officer of the other State, to be the original deposi-
   tions 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, Magis-
   trate, or Officer of the other State.
4. In every case such warrant, deposition, affirmation,
   copy, certificate, or judicial document must be authenti-
   cated either by the 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 authen-
   tication for the time being permitted by the law of the
   country where the examination is taken may be substituted
   for the foregoing.

Article XIV.

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 terri-
tories, his extradition shall be granted to the State whose
demand is earliest in date.

Article XV.

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 XVI.

All articles seized which were in the possession of the
person to be surrendered at the time of his apprehension
shall, if the competent authority of the State applied to for
the extradition has ordered the delivery of such articles, be
given up when the extradition takes place; and the said
delivery shall extend not merely to the stolen articles, but
to everything that may serve as a proof of the crime.

Article XVII.

All expenses connected with extradition shall be borne by
the demanding State.

Article XVIII.

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 respectively will 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 autho-
rity of such colony or possession by the chief Consular
officer of the Republic of Panama in such colony or pos-
session.
Such requisition may be disposed of, subject always, as
nearly as may be, and so far as the law of such colony or
foreign possession will allow, to the provisions of this Treaty,
by the said Governor or chief authority, who, however, shall
be at liberty either to grant the surrender or to refer the
matter to his Government.
His Britannic Majesty shall, however, be at liberty to
make special arrangements in the British Colonies and
foreign possessions for the surrender of criminals from the
Republic of Panama who may take refuge within such
Colonies and foreign possessions, on the basis, so far as the
law of such Colony or foreign possession will allow, of the
provisions of the present Treaty.
Requisitions for the surrender of a fugitive criminal ema-
nating from any Colony or foreign possession of His Britan-
nic Majesty shall be governed by rules laid down in the
preceding Articles of the present Treaty.

Article XIX.

The present Treaty shall come into force ten days after its
publication, in conformity with the forms prescribed by the
laws of the High Contracting Parties. It may be terminated
by either of the High Contracting Parties by a notice not ex-
ceeding one year, and not less than six months.
It shall be ratified, and the ratifications shall be exchanged
at Panamá as soon as possible.

In witness whereof the respective Plenipotentiaries have
signed the same, and affixed thereto their respective seals.
Done in duplicate in the Spanish and English languages
at Panamá, the twenty-fifth day of August, nineteen hundred
and six.
(L.S.)
(L.S.)
C. MALLET.
RICARDO ARIAS.

And whereas the ratifications of the said Treaty were ex-
changed at Panamá on the fifteenth day of April, one thou-
sand nine hundred and seven :
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 twenty-sixth day of August,
one thousand nine hundred and seven, the said Acts shall
apply in the case of Panamá, and of the said Treaty with the
President of the Republic of Panamá :
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, being Part I of
chapter one hundred and fifty-five of the Revised Statutes of
Canada, 1906, 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, 16th August,
1907.]

Despatch.—Extradition Treaty with Sweden.

Department of Justice,
Wellington, 22nd October, 1907.

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

JAMES McGOWAN,
Minister of Justice.

(Circular.)

Downing Street, 6th September, 1907.

SIR,—With reference to my Circular despatch of the 26th
July last, I have the honour to transmit to you, for publica-
tion in the Colony under your Government, a copy of an
Order of His Majesty the King in Council giving effect to an
Agreement between the United Kingdom and Sweden, signed
at London on the 2nd of July, 1907, confirming as regards
Sweden the Treaty of Extradition between the United King-
dom and Sweden and Norway of June 26th, 1873, and
enlarging the list of offences contained in Article II of that
Treaty.

I have, &c.,
ELGIN.

The Officer Administering the Government
of New Zealand.

SWEDEN EXTRADITION ORDER IN COUNCIL, 1907.

At the Court at Buckingham Palace, the 12th day of
August, 1907.

Present :

THE KING’S MOST EXCELLENT MAJESTY.

LORD PRESIDENT, LORD STEWARD, LORD CHAMBERLAIN,
LORD DENMAN, LORD TWEEDMOUTH.

WHEREAS by the Extradition Acts, 1870 to 1906, 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 twenty-sixth
day of June, one thousand eight hundred and seventy-three,
between Her late Majesty Queen Victoria and His Majesty
the King of Sweden and Norway, for the mutual extradition
of fugitive criminals, in the case of which Treaty the Extra-
dition Acts of 1870 and 1873 were applied by Order in Council
of the thirtieth September, one thousand eight hundred and
seventy-three :
And whereas an Agreement was concluded on the second
day of July, one thousand nine hundred and seven, between
the British and Swedish Governments, providing that the
said Treaty shall remain in force between the United King-
dom of Great Britain and Ireland and the Kingdom of
Sweden, in so far as its provisions apply to the Kingdom of
Sweden alone; and also declaring that certain additions