Nov. 21.] THE NEW ZEALAND GAZETTE. 3367

Article 13.

In the examinations which they have to make in accordance with the foregoing stipulations, the authorities of the State applied to shall admit as valid evidence the sworn depositions or the affirmations of witnesses taken in the other State, 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, provided 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 State, or purport to be certified under the hand of a Judge, Magistrate, or officer of the other State 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 State, 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 State.

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 State, or by any other mode of authentication for the time being permitted by the law of the State to which the application for extradition is made.

Article 14.

If the extradition of an individual is claimed by one of the High Contracting Parties in pursuance of the present Treaty and his extradition is also claimed by one or more other States, the State applied to shall in its absolute discretion determine to which State the extradition shall be granted.

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 State applied to, or the proper tribunal thereof, 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 State 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.

The Government of the Republic of Poland, 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 Danzig on the 9th November, 1920, reserves the right of subsequently declaring that the provisions of the present Treaty are applicable also to the territory of the Free City of Danzig.

Article 19.

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 effected by a notice to that effect given by His Britannic Majesty’s representative at Warsaw, 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, which date shall be specified in the notice, 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 consular officer of the Republic of Poland.

Either High Contracting Party may terminate this Treaty separately in respect of any of the above-mentioned dominions or India. Such termination shall be effected by a notice given in accordance with the provisions of Article 23.

Any notice given under the first paragraph of this Article in respect of one of His Britannic Majesty’s dominions may include any territory in respect of which a mandate on behalf of the League of Nations has been accepted by His Britannic Majesty, and which is being administered by the Government of the dominion concerned ; such territory shall, if so included, be deemed to be territory of His Britannic Majesty for the purpose of the present Treaty. Any notice given under the third paragraph of this Article shall be applicable to such mandated territory.

Article 20.

The requisition for the surrender of a fugitive criminal who has taken refuge in any territory of His Britannic Majesty other than Great Britain and Northern Ireland, the Channel Islands, or Isle of Man, or the dominions or India mentioned in Article 19, shall be made to the Governor, or chief authority, of such territory by the appropriate consular officer of the Republic of Poland.

Such requisition shall be dealt with by the competent authorities of such territory : provided, nevertheless, that if an order for the committal of the fugitive criminal to prison to await surrender shall be made, the said Governor or chief authority may, instead of issuing a warrant for the surrender of such fugitive, refer the matter to His Majesty’s Government in the United Kingdom.

Article 21.

This Treaty shall apply in the same manner as if they were Possessions of His Britannic Majesty to the following British Protectorates—that is to say, the Bechuanaland Protectorate, Gambia Protectorate, Kenya Protectorate, Nigeria Protectorate, Northern Rhodesia, Northern Territories of the Gold Coast, Nyasaland, Sierra Leone Protectorate, Solomon Islands Protectorate, Somaliland Protectorate, Swaziland, Uganda Protectorate, and Zanzibar—and to the following territories in respect of which a mandate on behalf of the League of Nations has been accepted by His Britannic Majesty—that is to say, Cameroons under British mandate, Togoland under British mandate, and the Tanganyika Territory.

Article 22.

If after the signature of the present Treaty it is considered advisable to extend its provisions to any British Protectorates other than those mentioned in the preceding Article or to any British-protected State, or to any territory in respect of which a mandate on behalf of the League of Nations has been accepted by His Britannic Majesty, other than those mandated territories mentioned in Articles 19 and 21, the stipulations of Articles 19 and 20 shall be deemed to apply to such Protectorates or States or mandated territories from the date and in the manner prescribed in the notes to be exchanged for the purpose of effecting such extension.

Article 23.

The present Treaty shall come into force ten days after its publication, in conformity with the forms prescribed by the laws of the High Contracting Parties. It may be terminated by either of the High Contracting Parties by a notice not exceeding one year and not less than six months.

In the absence of an express provision to that effect, a notice given under the first paragraph of this Article shall not affect the operation of the Treaty as between the Republic of Poland and any territory in respect of which notice of accession has been given under Article 19.

The present Treaty shall be ratified, and the ratifications shall be exchanged at Warsaw as soon as possible.

In faith whereof the above-named plenipotentiaries have signed the present Treaty and have affixed thereto their seals.

Done in duplicate in English and Polish at Warsaw this 11th day of January, in the year 1932.

WILLIAM ERSKINE.
AUGUST ZALESKI.
STEFAN SIECZKOWSKI.

His Majesty has acceded to the said Treaty in respect of the following dominions, to wit—the Commonwealth of Australia (including Papua and Norfolk Island) and New Zealand :

And whereas His Majesty has been advised by his Ministers in the aforesaid dominions to take the necessary steps to cause the said-recited Acts to be applied in the case of Poland in respect of the aforementioned dominions, in accordance with the said Treaty :

Now, therefore, His Majesty, by and with the advice of his Privy Council, and, in virtue of the authority committed to him by the said-recited Acts, doth order, and it is hereby ordered, that from and after the 4th day of January, 1935, the said Acts shall apply in respect of the aforementioned dominions in the case of Poland under and in accordance with the said Treaty of the 11th January, 1932.

This Order may be cited as the Poland (Extradition : Commonwealth of Australia and New Zealand) Order in Council, 1934.

E. C. E. LEADBITTER.