Oct. 26.] THE NEW ZEALAND GAZETTE. 3159

tween His Majesty King Edward VII and the President
of the Republic of Paraguay, for the extradition of
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 His Excellency the Presi-
dent of the Republic of Paraguay, having determined, by
common consent, to conclude a Treaty for the extradition
of criminals, have accordingly named as their Plenipo-
tentiaries :
His Majesty the King of the United Kingdom of Great
Britain and Ireland and of the British Dominions beyond
the Seas, Emperor of India, Cecil Gosling, Esquire, His
Chargé d’Affaires in the Republic of Paraguay ;
And His Excellency the President of the Republic of
Paraguay, His Excellency Doctor Eusebio Ayala, Minister
for Foreign Affairs of the Republic of Paraguay ;
Who, after having exhibited to each other their respec-
tive full powers and found them in good and due form,
have agreed upon the following Articles :—

ARTICLE 1.

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 2, committed in the territory of the
one Party, shall be found within the territory of the other
Party.

ARTICLE 2.

Extradition shall be reciprocally granted for the follow-
ing 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 16 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. 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.
19. Forgery, or uttering what is forged.
20. Crimes against bankruptcy law.
21. Any malicious act done with intent to endanger the
    safety of any person travelling or being upon a railway.
22. Malicious injury to property if such offence be in-
    dictable.
23. 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.
24. Dealing in slaves in such manner as to constitute a
    criminal offence against the laws of both States.
    With regard to the effect of this last paragraph, as the
    Paraguayan Penal Code does not consider slave-dealing, it
    is declared by the present Treaty that that act is con-
    sidered as piracy and subject to the penalties of that
    offence.
    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 3.

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

ARTICLE 4.

Extradition shall not take place if the person claimed on
the part of His Britannic Majesty’s Government, or of the
Government of Paraguay, has already been tried and dis-
charged or punished, or is awaiting trial in the territory
of the United Kingdom or in the Republic of Paraguay
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 Paraguay,
should be awaiting trial or undergoing sentence for any
other crime in the territory of the United Kingdom or the
Republic of Paraguay respectively, his extradition shall
be deferred until after he has been discharged, whether by
acquittal or on expiration of sentence, or otherwise.

ARTICLE 5.

Extradition shall not be granted if exemption from pro-
secution 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 6.

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 re-
quisition for his surrender has, in fact, been made with a
view to try or punish him for an offence of a political
character.

ARTICLE 7.

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 8.

The requisition for extradition shall be made through
the Diplomatic Agents 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 9.

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 10.

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 ; but the
arrested fugitive shall be sent as speedily as possible before
the competent Magistrate of the country where he is
arrested.
He shall, in accordance with this Article, be discharged,
as well in the Republic of Paraguay as in the United
Kingdom, if within the term of sixty days a requisition
for extradition shall not have been been made by the Diplomatic
Agent 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 on the
high seas on board any vessel of either country which may
come into a port of the other.

ARTICLE 11.

The extradition shall take place only if the evidence be
found sufficient according to the laws of the State applied