Jan. 23.] THE NEW ZEALAND GAZETTE. 139

Request” addressed to the competent authority of the country
where the evidence is to be taken, request such authority to
appoint to take the evidence a person specially designated in
the “Letters of Request.”

A Consular Officer of the High Contracting Party whose
judicial authority requires the evidence, or any other suitable
person may be so designated.

(b) Where this procedure is adopted the provisions of para-
graphs (b), (c), (f), and (g) of Article 8 shall apply, but the
following paragraphs shall be substituted for paragraphs (d)
and (e) of that Article.

(c) The competent authority to whom the “Letters of
Request” are transmitted or forwarded shall give effect
to them, and shall appoint the person designated to take the
evidence unless such person shall be unwilling so to act.
In addition, if necessary, such authority shall make use of
such compulsory powers as it possesses under its own law to
secure the attendance of and the giving of evidence by the
witnesses and the persons to be examined and the production
of documents before the person so appointed.

(d) The person thus appointed shall have power to ad-
minister an oath, and any person giving false evidence before
him shall be liable in the Courts of the country where the
evidence is taken to the penalties provided by the law of that
country for perjury.

(e) The evidence shall be taken in accordance with the law
of the country for whose judicial authority the evidence is
required, provided such method is not contrary to the law of
the country where the evidence is being taken, and the parties
shall have the right to be present in person or to be repre-
sented by barristers or solicitors or by any other persons who
are competent to appear before the Courts of either of the
countries concerned.

ARTICLE 10.

(a) The evidence may also be taken, without any request
to or the intervention of the authorities of the country in
which it is to be taken by a person in that country directly
appointed for the purpose by the Court by whom the evidence is
required. A Consular Officer of the High Contracting Party
whose Court requires the evidence or any other suitable
person may be so appointed.

(b) A person so appointed to take evidence may request
the individuals named by the Court appointing him to appear
before him and give evidence or to produce any document.
He may take all kinds of evidence which are not contrary to
the law of the country where the evidence is being taken,
and shall have power to administer an oath, but he shall
have no compulsory powers.

(c) Requests to appear issued by such person shall, unless
the recipient is a subject of the High Contracting Party for
whose judicial authority the evidence is required, be drawn
up in the language of the country where the evidence is to be
taken, or be accompanied by a translation into such language.

(d) The evidence may be taken in accordance with the
procedure recognized by the law of the country for whose
judicial authority the evidence is required, and the parties
will have the right to be present or to be represented by
barristers or solicitors of that country, or by any persons
competent to appear before the Court of either of the countries
concerned.

ARTICLE 11.

The fact that an attempt to take evidence by the method
laid down in Article 10 has failed owing to the refusal of any
witness to appear, to give evidence, or to produce documents
does not preclude a request being subsequently made in
accordance with Articles 8 or 9.

ARTICLE 12.

(a) Where evidence is taken in either of the ways provided
in Articles 8 or 9 the High Contracting Party by whose
judicial authority the “Letters of Request” are addressed
shall repay to the other High Contracting Party any expenses
incurred by the competent authority of the latter in the
execution of the request in respect of any charges and ex-
penses payable to witnesses, experts, interpreters, or trans-
slators, the costs of obtaining the attendance of witnesses who
have not appeared voluntarily, and the charges and expenses
payable to any person whom such authority may have
deputed to act in cases where the law of his own country
permits this to be done, and any charges and expenses in-
curred by reason of a special procedure being requested and
followed. These expenses shall be such as are usually allowed
in similar cases in the Courts of the country where the evidence
has been taken.

(b) The repayment of these expenses shall be claimed by the
competent authority by whom the “Letters of Request”
have been executed from the Consular Officer by whom they
were transmitted when sending to him the documents estab-
lishing their execution.

(c) Except as above provided, no fees of any description
shall be payable by one High Contracting Party to the other
in respect of the taking of evidence.

IV.—JUDICIAL ASSISTANCE FOR POOR PERSONS, IMPRISON-
MENT FOR DEBT AND SECURITY FOR COSTS.

ARTICLE 13.

The subjects of one High Contracting Party shall enjoy in
the territory of the other High Contracting Party a perfect
equality of treatment with subjects of that High Contracting
Party as regards free judicial assistance for poor persons and
imprisonment for debt; and provided that they are resident
in any such territory, shall not be compelled to give security
for costs in any case where a subject of such other High
Contracting Party would not be so compelled.

V.—GENERAL PROVISIONS.

ARTICLE 14.

Any difficulties which may arise in connection with the
operation of this Convention shall be settled through the
diplomatic channel.

ARTICLE 15.

The present Convention, of which the English and Spanish
texts are equally authentic, shall be subject to ratification.
Ratification shall be exchanged in Madrid. The Convention
shall come into force one month after the date on which
ratifications are exchanged and shall remain in force for three
years after the date of its coming into force. If neither of
the High Contracting Parties shall have given notice through
the diplomatic channel to the other not less than six months
before the expiration of the said period of three years of his
intention to terminate the Convention, it shall remain in
force until the expiration of six months from the day on which
either of the High Contracting Parties shall have given notice
to terminate it.

ARTICLE 16.

(a) This Convention shall not apply ipso facto to Scotland
or Northern Ireland, nor to any of His Britannic Majesty’s
Colonies or Protectorates, nor to any territories under his
suzerainty, nor to any mandated territories administered by
his Government in the United Kingdom of Great Britain and
Northern Ireland, but His Britannic Majesty may at any
time, while the Convention is in force, under Article 15, by a
notification given through his Ambassador at Madrid,
extend the operation of this Convention to any of the above-
mentioned territories.

(b) Such notification shall state the authorities in the
territory concerned to whom requests for service or for the
taking of evidence are to be transmitted, and the language
in which communications and translations are to be made.
The date of the coming into force of any such extension shall
be one month from the date of such notification.

(c) Either of the High Contracting Parties may, at any time
after the expiry of three years from the coming into force of
an extension of this Convention to any of the territories
referred to in paragraph (a) of this Article, terminate such
extension on giving six months’ notice of termination through
the diplomatic channel.

(d) The termination of the Convention under Article 15
shall, unless otherwise expressly agreed to by both High
Contracting Parties, ipso facto terminate it in respect of any
territories to which it has been extended under paragraph
(a) of this Article.

ARTICLE 17.

(a) This Convention shall not apply ipso facto to any of the
colonies or protectorates of His Catholic Majesty the King
of Spain, but his Government may at any time extend this
Convention to any of such colonies or protectorates by a
notification given through his Ambassador in London.

(b) The provisions of paragraph (b) of Article 16 shall
apply to any such notifications.

(c) The provisions of paragraphs (c) and (d) of Article 16
shall apply to any colonies or protectorates of His Catholic
Majesty to which this Convention has been extended.

ARTICLE 18.

(a) His Britannic Majesty may at any time, while the
present Convention is in force, either under Article 15 or by
virtue of any accession under this Article, by a notification
given at Madrid through the diplomatic channel, accede to
the present Convention in respect of any of his self-governing
Dominions or India, provided that no notification of accession
may be given at any time when His Catholic Majesty has
given notice of termination in respect of all the territories of
His Britannic Majesty to which the Convention applies.
The provisions of Article 16 (b) shall be applicable to such
notification. Any such accession shall take effect one month
after the date of its notification.