360
THE NEW ZEALAND GAZETTE.
[No. 7

ARTICLE 8.

The requisition for extradition shall be made through the diplomatic agents of the High Contracting Parties.

The requisition for the extradition of a person charged must be accompanied by a warrant of arrest or other judicial document of like nature issued by the competent authority of the State demanding the extradition, and by such evidence as, according to the laws of the place where the person charged is found, would justify his arrest if the crime or offence had been committed there.

If the claim for extradition relates to a person already convicted, it must be accompanied by the sentence of condemnation passed on him by the competent Court of the State that makes the claim.

A person sentenced in contumaciam shall not be dealt with as a convicted person, but as a person charged.

The documents forwarded in support of the requisition shall be drawn up in the State (official) language of the State making it.

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 also be arrested before the requisition for his surrender is made, under a warrant or other judicial document of like nature issued by a competent judicial authority in either State, on such information or complaint and such evidence, or after such proceedings, as would justify the issue of a warrant or other judicial document of like nature if the crime or offence had been committed or the person convicted in that part of the territory of the two Contracting Parties in which the competent judicial authority exercises jurisdiction.

Notice of the date of his arrest shall be given forthwith to the diplomatic agent of the party claiming extradition.

The person arrested shall be discharged, in so far as the laws of the State where he has been arrested do not oppose, if within the term of forty days from his arrest a requisition for extradition shall not have been made, in accordance with the stipulations of this treaty, by the diplomatic agent of the State claiming his extradition.

The same rule shall apply to persons charged with 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 for which extradition may be granted under this treaty.

ARTICLE 12.

Warrants, depositions, and all other documents and copies thereof shall be accepted as evidence in support of a claim for extradition if they are signed or certified by a competent authority and are authenticated in the United Kingdom by the seal of a Secretary of State, and in the Czechoslovak Republic by the seal of the Minister of Justice.

ARTICLE 13.

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 within their respective jurisdictions, his extradition shall be granted to the State whose claim is earliest in date, unless such claim is waived.

This article shall not affect such treaties as have already previously been concluded by one of the Contracting Parties with other States.

ARTICLE 14.

If sufficient evidence for the extradition be not produced within two months from the date of the arrest of the fugitive, or within such further time as the State applied to, or its competent tribunal, shall direct, the fugitive shall be set at liberty in so far as the laws of the State where the person claimed has been arrested do not oppose.

ARTICLE 15.

All articles seized which were in the possession of the person to be surrendered at the time of his arrest, and any articles that may serve as a proof of the crime or offence, shall be given up, if possible when the extradition takes place.

The State to whom extradition is granted shall nevertheless return any article so given up for a temporary purpose if the State granting extradition shall so require.

The above stipulations are subject to the rights of third persons, and are applicable only so far as the law of the State concerned permits.

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.

The cost of supplying translations of the documents forwarded in support of the requisition under Articles 8 and 12 shall be defrayed by the party claiming extradition.

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 in the Czechoslovak Republic, and provided also that it shall be competent for either of the 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 chief consular officer of the Czechoslovak Republic in such self-governing Dominion, Colony, or Possession.

Such requisition may be disposed of, 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 said Governor-General, Governor, or chief authority, who, however, shall be at liberty either to grant the surrender or to 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.

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, the stipulations of the two preceding articles shall be deemed to apply to such protectorates or States or mandated territories from the date 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, of which the English and Czechoslovak texts are equally authentic, shall come into force forty days after the date on which ratifications are exchanged. It may