Oct. 18.] THE NEW ZEALAND GAZETTE. 3359

If the person claimed should be under examination or under punishment in the territories of the High Contracting Party applied to for any other crime or offence, his extradition shall be deferred until the conclusion of the trial and the full execution of any punishment awarded to him.

Article 6.

The extradition shall not take place if, subsequently to the commission of the crime or offence or the institution of the penal prosecution or the conviction thereon, exemption from prosecution or punishment has been acquired by lapse of time, according to the laws of the High Contracting Party applying or applied to.

Article 7.

A fugitive criminal shall not be surrendered if the crime or offence in respect of which his surrender is demanded is one of a political character, or if he proves that the requisition for his surrender has, in fact, been made with a view to try or punish him for a crime or offence of a political character.

Article 8.

A person surrendered can in no case be kept in custody or be brought to trial in the territories of the High Contracting Party to whom the surrender has been made for any other crime or offence, or on account of any other matters, than those for which the extradition shall have taken place, until he has been restored, or has had an opportunity of returning, to the territories of the High Contracting Party by whom he has been surrendered.

This stipulation does not apply to crimes or offences committed after the extradition.

Article 9.

Subject to the provisions of Articles 18 and 19, the requisition for extradition shall be made through the diplomatic agents of the High Contracting Parties respectively.

The requisition for the extradition of an accused person must be accompanied by a warrant of arrest issued by the competent authority in the territories of the High Contracting Party requiring the extradition, and by such evidence as, according to the laws of the place where the accused is found, would justify his arrest if the crime or offence had been committed there.

If the requisition relates to a person already convicted, it must be accompanied by the sentence of condemnation passed against the convicted person by the competent Court in the territories of the High Contracting Party who makes the requisition for extradition.

A sentence passed in contumaciam is not to be deemed a conviction, but a person so sentenced may be dealt with as an accused person.

Article 10.

If the requisition for extradition be in accordance with the foregoing stipulations, the competent authorities in the territories of the High Contracting Party applied to shall proceed to the arrest of the fugitive.

Article 11.

A criminal fugitive may be apprehended under a warrant issued by any Police Magistrate, Justice of the Peace, or other competent authority in the territories of the High Contracting Party applied to on such information or complaint and such evidence, or after such proceedings, as would, in the opinion of the authority issuing the warrant, justify the issue of a warrant if the crime or offence had been committed or the person convicted in that part of the territories of such High Contracting Party in which the Magistrate, Justice of the Peace, or other competent authority exercises jurisdiction. He shall, in accordance with this article, be discharged if within the term of two months a requisition for extradition shall not have been made by the diplomatic agent of the High Contracting Party claiming his extradition in accordance with the stipulations of this Treaty. The same rule shall apply to the cases of persons accused 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 High Contracting Party which may come into a port of the other.

Article 12.

The extradition shall take place only if the evidence be found sufficient, according to the laws of the High Contracting Party applied to, either to justify the committal of the prisoner for trial, in case the crime or offence of which he is accused had been committed in the territory of such High Contracting Party, or to prove that the prisoner is the identical person convicted by the Courts of the High Contracting Party who makes the requisition, and that the crime or offence of which he has been convicted is one in respect of which extradition could, at the time of such conviction, have been granted by the High Contracting Party applied to under this Treaty.

Article 13.

In the examinations which they have to make in accordance with the foregoing stipulations, the authorities of the High Contracting Party applied to shall admit as valid evidence the sworn depositions or the affirmations of witnesses taken in the territories of the other High Contracting Party, or copies thereof, and likewise the warrants and sentences issued therein, or copies thereof, and certificates of, or judicial documents stating the fact of a conviction, providing the same are authenticated as follows :—

(1) A warrant, or copy thereof, must purport to be signed by a Judge, Magistrate, or officer of the other High Contracting Party, or purport to be certified under the hand of a Judge, Magistrate, or officer of the other High Contracting Party to be a true copy thereof, as the case may require.

(2) Depositions or affirmations, or the copies thereof, must purport to be certified, under the hand of a Judge, Magistrate, or officer of the other High Contracting Party, to be the original depositions or affirmations, or to be true copies thereof, as the case may require.

(3) A certificate of, or judicial document stating the fact of a conviction, must purport to be certified by a Judge, Magistrate, or officer of the other High Contracting Party.

In every case such warrant, deposition, affirmation, copy, certificate, or judicial document must be authenticated, either by the oath of some witness, or by being sealed with the official seal of the Minister of Justice, or some other Minister of the other High Contracting Party, or by any other mode of authentication for the time being permitted by the law of the High Contracting Party to whom application for extradition is made.

Article 14.

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 Power whose claim is earliest in date, unless such claim is waived.

Article 15.

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 High Contracting Party applied to, or the proper tribunal of such High Contracting Party, shall direct, the fugitive shall be set at liberty.

Article 16.

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 High Contracting Party granting the extradition.

Article 17.

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 18.

His Britannic Majesty may accede to the present Treaty on behalf of any of his dominions hereafter 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. Such accession shall be affected by a notice to that effect given by His Britannic Majesty’s representative at Baghdad, which shall specify the authority to which the requisition for the surrender of a fugitive criminal who has taken refuge in the dominion concerned, or India, as the case may be, shall be addressed. From the date when such notice comes into effect the territory of the Dominion concerned or of India shall be deemed to be territory of His Britannic Majesty for the purposes of the present Treaty.

The requisition for the surrender of a fugitive criminal who has taken refuge in any of the above-mentioned dominions or India, on behalf of which His Britannic Majesty has acceded, shall be made by the appropriate diplomatic or consular officer of Iraq.