SEPT. 15.] THE NEW ZEALAND GAZETTE. 2875

5. Carnal knowledge, or any attempt to have carnal know-
   ledge, of a girl under fourteen years of age.
6. Indecent assault.
7. Kidnapping and false imprisonment.
8. Child stealing, including abandoning, exposing, or unlaw-
   fully detaining.
9. Abduction.
10. Procuration.
11. Bigamy.
12. Maliciously wounding or inflicting grievous bodily harm.
13. Assault occasioning actual bodily harm.
14. Threats by letter or otherwise, with intent to extort
    money or other things of value.
15. Perjury, or subornation of perjury.
16. Arson.
17. Burglary or housebreaking, robbery with violence,
    larceny, or embezzlement.
18. Fraud by a bailee, banker, agent, factor, trustee,
    director, member, or public officer of any company, or
    fraudulent conversion.
19. 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 feloniously
    obtained.
20. (a) Counterfeiting or altering money, or bringing into
    circulation counterfeited or altered money.
    (b) Knowingly making without lawful authority any instru-
    ment, tool, or engine adapted and intended for the counter-
    feiting of the coin of the realm.
21. Forgery, or uttering what is forged.
22. Crimes against bankruptcy law.
23. Any malicious act done with intent to endanger the
    safety of any persons travelling or being upon a railway.
24. Malicious injury to property, if such offence be indict-
    able.
25. 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 crimes or
    offences.
26. Dealing in slaves in such manner as to constitute a
    crime or offence against the laws of both States.
    The extradition is also to be granted for participation in
    any of the aforesaid crimes or offences, providing such
    participation be punishable by the laws of both High Con-
    tracting Parties.
    Extradition may also be granted at the discretion of the
    State applied to in respect of any other crime or offence for
    which according to the law of both the High Contracting
    Parties for the time being in force, the grant can be made.

ARTICLE 3.

Each Party reserves the right to refuse or grant the
surrender of its own subjects or citizens to the other Party.

ARTICLE 4.

The extradition shall not take place if the person claimed
has already been tried and discharged or punished, or is still
under trial in the State applied to, for the crime or offence
for which his extradition is demanded.
If the person claimed should be under examination or
under punishment in the State applied to for any other
crime or offence, his extradition shall be deferred until the
conclusion of the trial and the full execution of any punish-
ment awarded to him.

ARTICLE 5.

The extradition shall not take place if, subsequently to the
commission of the crime or offence 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 6.

A fugitive criminal shall not be surrendered if the crime or
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 a crime or offence of a political character.

ARTICLE 7.

A person surrendered can in no case be kept in custody or
be brought to trial in the State to which the surrender has
been made for any other crime or offence, 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 or offences com-
mitted 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 or offence had been committed there.
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 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 Police Magistrate, Justice of the Peace, or other
competent authority in either State, 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 or offence had been
committed or the person convicted in that part of the
dominions of the two Contracting Parties in which the
Magistrate, Justice of the Peace, or other competent authority,
exercises jurisdiction. He shall, in accordance with this
article, be discharged if within the term of thirty days a
requisition for extradition shall not have been made by the
diplomatic agent of the State claiming his extradition 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
State 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 to,
either to justify the committal of the prisoner for trial, in
case the crime or offence had been committed in the territory
of the same State, or to prove that the prisoner is the identical
person convicted by the Courts of the State which makes
the requisition, and that the crime or offence 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 12.

In the examinations 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, or copies thereof, and certificates of,
or judicial documents stating the fact of a conviction, provided
the same are authenticated as follows:-

1. A warrant, or copy thereof, must purport to be signed by
   a Judge, Magistrate, or officer of the other State, or purport
   to be certified under the hand of a Judge, Magistrate, or
   officer of the other State to be a true copy thereof, as the case
   may require.
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, Magis-
   trate, or officer of the other State.
   In every case such warrant, deposition, affirmation, copy,
   certificate, or judicial document must be authenticated,
   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, or by any other mode of
   authentication for the time being permitted by the law of
   the State to which the application for extradition is made.

ARTICLE 13.

If the individual claimed by one of the High Contracting
Parties in pursuance of the present Treaty should be also