Jan. 18.] THE NEW ZEALAND GAZETTE. 61

(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.

(e) The procedure provided for in this Article is purely voluntary, and any individual requested to appear is free to refuse to comply with any such request or to give any evidence or produce any document. Any such refusal shall not render such individual liable to any penalty or prejudice in relation to the proceedings for which the evidence is required.

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, to give evidence, or to produce documents, does not preclude a request being subsequently made in accordance with Article 8.

Article 11.

(a) Where evidence is taken in the manner provided in Article 8, 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 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 his own country permits this to be done, and any charges and expenses incurred by reason of a special procedure being requested and followed. These expenses shall not exceed 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 establishing 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: IMPRISONMENT FOR DEBT AND SECURITY FOR COSTS.

Article 12.

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 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 Danish 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 His Britannic Majesty’s Colonies or Protectorates, nor to any territories under his suzerainty, nor to any mandated areas administered by His Majesty’s 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 14, by a notification given through His Minister at Copenhagen, 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 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) His Britannic Majesty 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 notification given 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 Majesty the King of Denmark and Iceland has given notice of termination in respect of all the territories of His Britannic 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 a 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 or accession under paragraph (a) of this Article may include any dependency or mandated area 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 area 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 Danish texts, and have affixed thereto their seals.

Done in duplicate at London, this 29th day of November, 1932.

[l.s.] JOHN SIMON.
P. F. AHLEFELDT-LAURVIG.

Prohibition of Issue of Money-orders and Transmission of Postal Correspondence for J. Mendelssohn, Auckland.

THE Postmaster-General of the Dominion of New Zealand having reasonable ground for supposing that the person whose name and address are shown in the Schedule hereunder is engaged in promoting or carrying out a lottery or scheme of chance, it is hereby ordered, under section 32 of the Post and Telegraph Act, 1928, that no money-order in favour of the said person shall be issued and that no postal packet addressed to the said person (either by his own or any fictitious or assumed name) shall be either registered or forwarded by the Post Office of New Zealand.

SCHEDULE.

J. Mendelssohn, Exchange Lane, Auckland.

Dated at Wellington, this 15th day of January, 1934.

ADAM HAMILTON, Postmaster-General.