3160
THE NEW ZEALAND GAZETTE.
[No. 84

to, either to justify the committal of the prisoner for trial,
in case the crime has 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 12.

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 Paraguay respectively,
in conformity with the laws regulating extradition for the
time being in force in the surrendering State.

ARTICLE 13.

In the examination which they have to make in accord-
ance 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 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 authentication for the time being permitted by
   the law of the country where the examination is taken may
   be substituted for the foregoing.

ARTICLE 14.

If the individual claimed by one of the High Contract-
ing 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 15.

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 16.

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 17.

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

ARTICLE 18.

The stipulations of the present Treaty shall be applicable
to the Colonies and Possessions of His Britannic Majesty,
so far as their local laws permit; for which purpose His
Majesty’s Government shall be at liberty to make special
arrangements with them for the surrender of criminals to
Paraguay in accordance with the terms of the Treaty.

The requisition for the extradition of a criminal, who
has taken refuge in one of the British Colonies or Posses-
sions, shall be addressed to the Governor or chief autho-
rity of the same by the senior local Paraguayan Consular
officer, or failing him, by the Ministry for Foreign Affairs.

The Governor, or authority referred to, will deal with
the demand in accordance with the provisions of the pre-
sent Treaty, and to the extent permitted by the local laws ;
but he will be at liberty either to surrender the criminal
or to refer the case to the British Government.

As regards demands for the surrender of criminals
fugitives from British Colonies and Possessions, they will
be governed by the rules laid down in the present Treaty.

ARTICLE 19.

If in any criminal matter pending in any Court or
Tribunal of one of the two countries it is thought desir-
able to take the evidence of any witness in the other, such
evidence may be taken by the judicial authorities in ac-
cordance with the laws in force on this subject in the
country where the witness may be.

ARTICLE 20.

The present Treaty shall come into force ten days after
its publication, in conformity with the form prescribed by
the laws of the High Contracting Parties. It may be
terminated by either of the High Contracting Parties by
a notice not exceeding one year and not less than six
months.

It shall be ratified, and the ratification shall be ex-
changed at Asuncion as soon as possible.

In witness whereof the respective Plenipotentiaries have
signed the same, and affixed thereto their respective seals.
Done in duplicate at Asuncion, the twelfth day of Sep-
tember, nineteen hundred and eight.

CECIL GOSLING.
EUSEBIO AYALA.

And whereas the ratifications of the said Treaty were
exchanged at Asuncion on the thirtieth day of January,
one thousand nine hundred and eleven :

Now, therefore, His Majesty, by and with the advice of
His Privy Council, and in virtue of the authority com-
mitted to Him by the said recited Acts, doth order, and
it is hereby ordered, that from and after the Seventeenth
day of July, one thousand nine hundred and eleven, the
said Acts shall apply in the case of Paraguay, and of the
said Treaty with the President of the Republic of Para-
guay :

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 155 of the Revised Statutes of
Canada, 1906, and entitled “An Act respecting the Ex-
tradition of Fugitive Criminals,” shall continue in force
there, and no longer.

ALMERIC FITZROY.

[Extract from the London Gazette of Friday, 7 July, 1911.]

Notice of Intention to take Land in Block I, Whakatane
Survey District, Whakatane County, for Road Purposes.

NOTICE is hereby given that it is proposed, under the
provisions of the Public Works Act, 1908, to execute
a certain public work, to wit, the construction of a road in
Block I, Whakatane Survey District, and for the purposes
of such public work the land described in the Schedule
hereto is required to be taken. And notice is hereby further
given that the plan of the land so required to be taken is
deposited in the post-office at Whakatane, and is there open
for inspection; and that all persons affected by the execu-
tion of the said public work or by the taking of the said land
should, if they have any well-grounded objections to the
execution of the said public work or to the taking of such
land, set forth the same in writing, and send such writing,
within forty days from the first publication of this notice,
to the Minister of Public Works, at Wellington.

SCHEDULE.

In the Auckland Land District; as the same is more par-
ticularly delineated on the plan marked and coloured as
above mentioned, and deposited in the office of the Minister
of Public Works, at Wellington, in the Wellington Provin-
cial District.

As witness my hand, at Wellington, this twenty-
fourth day of October, one thousand nine hun-
dred and eleven.

R. MCKENZIE,
Minister of Public Works.