2876
THE NEW ZEALAND GAZETTE.
[No. 64

claimed by one or several other Powers on account of other crimes or offences committed within their respective jurisdictions, his extradition shall be granted to the State whose claim is earliest in date, unless such claim is waived.

ARTICLE 14.

If sufficient evidence for the extradition be not produced within two months 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 15.

All articles seized which were in the possession of the person to be surrendered at the time of his apprehension, and any articles that may serve as a proof of the crime or offence shall be given up when the extradition takes place, in so far as this may be permitted by the law of the State granting the extradition.

ARTICLE 16.

Each of the High Contracting Parties shall defray the expenses occasioned by the arrest within its territories, the detention, and the conveyance to its frontier, of the persons whom it may have consented to surrender in pursuance of the present Treaty.

ARTICLE 17.

The stipulations of the present Treaty shall be applicable, so far as the laws permit, to all His Britannic Majesty’s Dominions, except to the self-governing Dominions hereinafter named—that is to say, the Dominion of Canada, the Commonwealth of Australia (including for this purpose Papua and Norfolk Island), the Dominion of New Zealand, the Union of South Africa, the Irish Free State, and Newfoundland—and India, provided always that the said stipulations shall be applicable to any of the above-named Dominions or India in respect of which notice to that effect shall have been given on behalf of the Government of such Dominion or India by His Britannic Majesty’s Representative at Durazzo, and provided also that it shall be competent for either of the High Contracting Parties to terminate separately the application of this Treaty to any of the above-named Dominions or India by a notice to that effect not exceeding one year and not less than six months.

ARTICLE 18.

The requisition for the surrender of a fugitive criminal, who has taken refuge in any of His Britannic Majesty’s self-governing Dominions, Colonies, or Possessions to which this Treaty applies, shall be made to the Governor-General, Governor, or chief authority of such self-governing Dominion, Colony, or Possession by the appropriate consular officer of Albania.

Such requisition may be dealt with, subject always, as nearly as may be, and so far as the law of such self-governing Dominion, Colony, or Possession will allow, to the provisions of this Treaty, by the competent authorities of such self-governing Dominion, Colony, or Possession, provided, nevertheless, that if an order for the committal of the fugitive criminal to prison to await surrender shall be made, the said Governor-General, Governor, or chief authority may, instead of issuing a warrant for the surrender of such fugitive, refer the matter to His Britannic Majesty’s Government.

Requisitions for the surrender of a fugitive criminal emanating from any self-governing Dominion, Colony, or Possession of His Britannic Majesty shall be governed, as far as possible, by the rules laid down in the preceding articles of the present Treaty.

ARTICLE 19.

It is understood that the stipulations of the two preceding articles apply, in the same manner as if they were Possessions of His Britannic Majesty, to the following British Protectorates, that is to say, the Bechuanaland Protectorate, Gambia Protectorate, Kenya Protectorate, Nigeria Protectorate, Northern Rhodesia, Northern Territories of the Gold Coast, Nyasaland, Sierra Leone Protectorate, Solomon Islands Protectorate, Somaliland Protectorate, Swaziland, Uganda Protectorate, and Zanzibar, and to the following territories in respect of which a mandate on behalf of the League of Nations has been accepted by His Britannic Majesty, that is to say, British Cameroons, British Togoland, the Tanganyika Territory, and Palestine.

It is also understood that if, after the signature of the present Treaty, it is considered advisable to extend its provisions to any British protectorates other than those mentioned above, or to any British-protected State, or to any territory in respect of which a mandate on behalf of the League of Nations has been accepted by His Britannic Majesty other than those mentioned above, including the territories in respect of which mandates are being exercised on behalf of

His Britannic Majesty by the Government of the Commonwealth of Australia, the Government of the Dominion of New Zealand, and the Government of the Union of South Africa, the stipulations of the two preceding articles shall be deemed to apply to such protectorates or States or mandated territories from the date and in the manner prescribed in the notes to be exchanged for the purpose of effecting such extension.

It is further understood that the provisions of the present Treaty which apply to British subjects shall be deemed also to apply to natives of any British protectorate or protected State or mandated territory to which the stipulations of the two preceding articles apply or shall hereafter apply.

ARTICLE 20.

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 exceeding one year and not less than six months.

It shall be ratified, and the ratifications shall be exchanged at Tirana as soon as possible.

In witness whereof the respective plenipotentiaries have signed the Treaty and have affixed thereto their respective seals.

Done at Tirana in duplicate in the English and Albanian texts, of which the former is considered authoritative, this 22nd day of July, in the year 1926.

W. O’REILLY.
H. VRIONI.

And whereas the ratifications of the said Treaty were exchanged at Tirana on the 29th day of January, 1927 :

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 11th day of July, 1927, the said Acts shall apply in the case of the Albanian Republic under and in accordance with the said Treaty of the 22nd July, 1926 :

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 Extradition of Fugitive Criminals,” shall continue in force there, and no longer :

Provided further that the operation of the said Acts shall be and remain suspended within the self-governing Dominions hereinafter named—that is to say, the Commonwealth of Australia (including for this purpose Papua and Norfolk Island), the Dominion of New Zealand, the Union of South Africa, the Irish Free State, and Newfoundland—and India, until notification shall have been made in the London Gazette that the Treaty has been made applicable thereto, and that on such notification being made in respect of any such Dominion or India the said Acts shall apply in such Dominion or India in the case of the Albanian Republic under and in accordance with the said Treaty as from the date of the said notification.

This Order may be cited as the “Albania (Extradition) Order in Council, 1927.”

M. P. A. HANKEY.

Dismissal from the Forces.

Department of Defence,
Wellington, 12th September, 1927.

HIS Excellency the Governor-General has approved of the dismissal of the undermentioned soldier of the Territorial Force from the New Zealand Defence Forces under section 6 (b), Defence Act, 1909, he having been convicted by the Civil power.

Private H. D. Connolly, 1st Battalion, Auckland Regiment (Countess of Ranfurly’s Own).
Dated 29th August, 1927.

F. J. ROLLESTON, Minister of Defence.

Promotion in the Royal Naval Reserve (New Zealand Division)

Navy Office,
Wellington, 13th September, 1927.

HIS Excellency the Governor-General has been pleased to approve of the following promotion in the Royal Naval Reserve (New Zealand Division) :

Sub-Lieutenant Andrew Douglas Holden, to the rank of Lieutenant, R.N.R. (N.Z.D.), to date 1st March, 1927.

F. J. ROLLESTON, Minister of Defence.