3366
THE NEW ZEALAND GAZETTE.
[No. 86

(iii) Danzig citizens in Poland shall be assimilated to Polish citizens, and in the event of the Treaty being applied to the territory of the Free City of Danzig under Article 18, Polish citizens in the said territory shall be assimilated to citizens of the Free City.

Article 3.

Extradition shall be reciprocally granted for the following crimes or offences when they are punishable in accordance with the laws of both the High Contracting Parties (that is to say, in Poland, in accordance with the laws of at least one of the Provinces of Poland):

1. Murder (including assassination, parricide, murder of relations, infanticide, poisoning), or attempt or conspiracy to murder.
2. Manslaughter.
3. Administering drugs or using instruments with intent to procure the miscarriage of women.
4. Rape.
5. Unlawful carnal knowledge, or any attempt to have unlawful carnal knowledge, of a girl under 16 years of age.
6. Indecent assault.
7. Kidnapping or false imprisonment.
8. Child stealing, including abandoning, exposing, or unlawfully detaining.
9. Abduction.
10. Procuration—that is to say, the offences enumerated in Articles 1 and 2 of the International Convention for the Suppression of the White Slave Traffic concluded at Paris on the 4th May, 1910.
11. Bigamy.
12. Maliciously wounding or inflicting grievous bodily harm.
13. Threats, by letter or otherwise, with intent to extort money or other things of value.
14. Perjury, or subornation of perjury.
15. Arson.
16. Burglary or housebreaking.
17. Robbery with violence or menaces.
18. Larceny or embezzlement.
19. Fraud by a bailee, banker, agent, factor, trustee, director, member, or public officer of any company, or fraudulent conversion.
20. Obtaining money, valuable security, or goods by false pretences; receiving any money, valuable security, or other property, knowing the same to have been stolen or unlawfully obtained.
21. (a) Counterfeiting or altering money, or bringing into circulation counterfeited or altered money.
    (b) Knowingly and without lawful authority making or having in possession any instrument, tool, or engine adapted and intended for the counterfeiting or alteration of coin.
22. Forgery or counterfeiting or altering, or uttering what is forged or counterfeited or altered; comprehending all crimes designated in the Polish laws as counterfeiting or falsification of paper money, bank notes, or other securities, forgery or falsification of other public or private documents, likewise the uttering or bringing into circulation, or wilfully using such counterfeited forged or falsified papers.
23. Crimes against bankruptcy law.
24. Any malicious act done with intent to endanger the safety of any persons travelling upon a railway or being upon a railway.
25. Piracy.
26. Wrongfully sinking or destroying a vessel at sea or attempting to do so.
27. Assault on a person on board a ship on the high seas with intent to inflict death or do grievous bodily harm.
28. Revolt, or conspiracy to revolt, by two or more persons on board a ship on the high seas, against the authority of the master.
29. Dealing in slaves in such manner as to constitute a crime or offence against the laws of both States.

Extradition is also to be granted for participation in any of the aforesaid crimes or offences, before, during, or after the crime is committed: provided that such participation is punishable by the laws of both the High Contracting Parties (that is to say, in Poland, in accordance with the laws of at least one of the Provinces).

Article 4.

Each party reserves the right to refuse or grant the surrender of its own subjects or citizens to the other party.

Article 5.

The extradition shall not take place if the person claimed has already been tried and discharged or punished, or is still under trial in the State applied to, for the crime or offence for which his extradition is demanded: provided that the discharge of the accused on the ground that the crime or offence was committed abroad shall constitute no hindrance to his subsequent extradition.

If the person claimed should be under examination or under punishment in the State 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.

Extradition shall not be granted if the accused has by lapse of time, in accordance with the laws of that part of the territories of the High Contracting Parties in which he is found, acquired exemption from prosecution or punishment with respect to the crime or offence for which his surrender is claimed.

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 State to which 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 State by which he has been surrendered (whether he has made use of this opportunity or not) or else until having returned there he reappears in the country to which he has been previously surrendered.

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

Article 9.

Subject to the provisions of Articles 19 and 20, the requisition for extradition shall be presented by the diplomatic agent of the High Contracting Party requiring the extradition to the Secretary of State or Minister for Foreign Affairs of the High Contracting Party applied to.

The requisition for the extradition of an accused person must be accompanied by a warrant of arrest issued by the competent authority of the State 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 of the State that 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 of the State applied to shall proceed to the arrest of the fugitive.

Article 11.

In urgent cases a criminal fugitive may be apprehended under a warrant issued by any Police Magistrate, Justice of the Peace, or other competent authority in either State, 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 dominions of the two Contracting Parties 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 terms of thirty days a requisition for extradition shall not have been made by the diplomatic agent of the other State in accordance with the stipulations of this Treaty.

Article 12.

Extradition shall take place only if the evidence be found sufficient, according to the laws of the State applied to (a) 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 (b) 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 in respect of which extradition could, at the time of such conviction, have been granted by the State applied to.

No criminal shall be surrendered until after the expiration of fifteen days from the date of his committal to prison to await the warrant for his surrender.