90 THE NEW ZEALAND GAZETTE. [No. 4

(d) The evidence may be taken in accordance with the pro-
cedure recognized by the law of the country of origin, and the
parties will have the right to be present in person or to be
represented by barristers or solicitors of that country or by
any representatives who are competent to appear before the
courts either of the country of origin or of the country of
execution.

Article 10.

The fact that an attempt to take evidence by the method
laid down in Article 9 has failed owing to the refusal of any
witness to appear or to give evidence does not preclude a
request being subsequently made in accordance with Article 7
or 8.

Article 11.

(a) Where evidence is taken in the manner provided in
Article 7 or 8 the High Contracting Party, by whose judicial
authority the Letter of Request was addressed, shall repay to
the other High Contracting Party any charges and expenses
incurred by the competent authority of the latter in the
execution of the request in respect of any charges and expenses
payable to witnesses, experts, interpreters, or translators, 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 the country of execution permits this
to be done, and any charges and expenses incurred by reason
of a special procedure being requested and followed. These
charges and expenses shall be such as are usually allowed in
similar cases in the courts of the country of execution.

(b) The repayment of these charges and expenses shall be
claimed by the competent authority by whom the Letter of
Request has been executed from the Consular Officer by whom
it was transmitted when sending to him the documents
establishing its execution as provided in Article 7 (h).

(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 12.

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

V.—GENERAL PROVISIONS.

Article 13.

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

Article 14.

The present Convention, of which the English and Polish
texts are equally authentic, shall be subject to ratification.
Ratifications shall be exchanged in London. 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 15.

(a) This Convention shall not apply, ipso facto, to Scotland or
Northern Ireland, nor to any of the Colonies or Protectorates of
His Majesty the King of Great Britain, Ireland, and the British
Dominions beyond the Seas, Emperor of India, nor to any
territories under His suzerainty, nor to any mandated
territories in respect of which the mandate is exercised by His
Government in the United Kingdom, but His Majesty may at
any time, while this Convention is in force under Article 14,
by a notification given through His Ambassador at Warsaw,
extend the operation of the Convention to any of the above-
mentioned territories.

(b) Such notification shall state the authorities in the
territory concerned to whom requests for service under
Article 3 or Letters of Request under Articles 7 or 8 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 extention 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 14
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 16.

(a) The High Contracting Parties agree that the Government
of the Republic of Poland, acting in virtue of Article 104 of the
Treaty of Peace signed at Versailles on the 28th June, 1919,
and of Articles 2 and 6 of the Convention concluded between
Poland and Dantzig on the 9th November, 1920, may at any
time while the present Convention is in force, under Article 14
or by virtue of any accession under Article 17, declare that the
present Convention shall apply to the Free City of Dantzig,
by a notification given through the diplomatic channel.

(b) Upon such notification being made, the provisions of
the present Convention shall apply to the territory of the Free
City of Dantzig and the citizens of the Free City.

(c) Either High Contracting Party may terminate the
application of the Convention to Dantzig at any time after the
expiry of three years from the date of the coming into force
of the notification referred to in paragraph (a) of this Article,
by giving six months’ notice of termination through the
diplomatic channel.

(d) The termination of the Convention under Article 14
shall, unless otherwise expressly agreed to by both High
Contracting Parties, terminate it in respect of the Free City
of Dantzig.

Article 17.

(a) The High Contracting Parties agree that His Majesty
the King of Great Britain, Ireland, and the British Dominions
beyond the Seas, Emperor of India, may at any time, while
the present Convention is in force, either under Article 14
or by virtue of any accession under this Article, by a noti-
cation given through the diplomatic channel, accede to the
present Convention in respect of any Member of the British
Commonwealth of Nations whose Government may desire
that such accession should be effected, provided that no noti-
fication of accession may be given at any time when the
President of the Polish Republic has given notice of ter-
mination in respect of all the territories of His Majesty to
which the Convention applies. The provisions of Article 15 (b)
shall be applicable to such notification. Any such accession
shall take effect one month after the date of its notification.

(b) After the expiry of three years from the date of the
coming into force of any accession under paragraph (a) of this
Article, either of the High Contracting Parties may, by giving
six months’ notice of termination through the diplomatic
channel, terminate the application of the Convention to any
country in respect of which a notification of accession has
been given. The termination of the Convention under
Article 14 shall not affect its application to any such country.

(c) Any notification of accession under paragraph (a) of this
Article may include any dependency or mandated territory
administered by the Government of the country in respect of
which such notification of accession is given; and any notice
of termination in respect of any such country under paragraph
(b) shall apply to any dependency or mandated territory which
was included in the notification of accession in respect of that
country.

In witness whereof the undersigned have signed the present
Convention, in English and Polish texts, and have affixed
thereto their seals.

Done in duplicate at Warsaw, the 26th August, 1931.

WILLIAM ERSKINE.

Extension to New Zealand of Convention between the United
Kingdom and Portugal respecting Legal Proceedings in Civil
and Commercial Matters.

Department of Justice,
Wellington, 24th January, 1933.

IT is hereby notified for general information that the
Convention between the United Kingdom and Portugal
regarding Legal Proceedings in Civil and Commercial Matters,
signed at London on the 9th day of July, 1931, and in respect
of which ratifications were exchanged at Lisbon on the 13th
day of April, 1932, has been extended to the Dominion of
New Zealand pursuant to the provisions of Article 16 of the
said Convention, as from the 28th day of October, 1932.