Nov. 26.] THE NEW ZEALAND GAZETTE. 2289

Convention between the United Kingdom and Hungary respecting Legal Proceedings in Civil and Commercial Matters.

Department of Justice,
Wellington, 20th November, 1936.

IT is hereby notified for general information that the Convention between the United Kingdom and Hungary respecting legal proceedings in civil and commercial matters signed at Budapest on the 25th September, 1935, and in respect of which ratifications were exchanged at London on 7th May, 1936, has been extended to the Dominion of New Zealand pursuant to the provisions of Article 18 (a) of the said Convention as from the 5th day of November, 1936.

The Registrar of the Supreme Court of New Zealand at Wellington will act as the authority to whom requests for service or Letters of Request should be addressed.

The text of the said Convention is set out hereunder.
H. G. R. MASON, Minister of Justice.

CONVENTION.
His Majesty the King of Great Britain, Ireland, and the British Dominions beyond the Seas, Emperor of India, and His Serene Highness the Regent of the Kingdom of Hungary: being desirous to render mutual assistance in the conduct of legal proceedings in civil and commercial matters, which are being dealt with or which it is anticipated may be dealt with by their respective judicial authorities, have resolved to conclude a Convention for this purpose, and have appointed as their Plenipotentiaries—

His Majesty the King of Great Britain, Ireland, and the British Dominions beyond the Seas, Emperor of India:
For Great Britain and Northern Ireland:
The Honourable Sir Patrick William Maule Ramsay, K.C.M.G., His Majesty's Envoy Extraordinary and Minister Plenipotentiary at Budapest;

His Serene Highness the Regent of the Kingdom of Hungary:
M. Kálmán Kánya de Kánya, Royal Hungarian Minister for Foreign Affairs;
Who, having communicated their full powers, found in good and due form, have agreed as follows:—

I.—PRELIMINARY.
Article 1.
(a) This Convention applies only to civil and commercial matters, including non-contentious matters.
(b) In this Convention the words—
(1) “Territory of one (or of the other) High Contracting Party” shall be interpreted (a) in relation to His Majesty the King of Great Britain, Ireland, and the British Dominions beyond the Seas, Emperor of India, as meaning England and Wales and all territories in respect of which the Convention is in force by reason of extensions under Article 17 or accessions under Article 18; and (b) in relation to His Serene Highness the Regent of the Kingdom of Hungary, Hungary:
(2) “Persons” shall be deemed to mean individuals and artificial persons:
(3) “Artificial persons” shall be deemed to include partnerships, companies societies, and other corporations:
(4) “Subjects or citizens of a High Contracting Party” shall be deemed to include artificial persons constituted or incorporated under the laws of the territory of such High Contracting Party:
(5) “Subjects or citizens of one (or of the other) High Contracting Party” shall be deemed (a) in relation to His Majesty the King of Great Britain, Ireland, and the British Dominions beyond the Seas, Emperor of India, to mean all subjects of His Majesty wherever domiciled, and all persons under His protection; and (b) in relation to His Serene Highness the Regent of the Kingdom of Hungary, all Hungarian citizens.

Article 2.
Legal Protection and Access to the Courts of Justice.
The subjects or citizens of one High Contracting Party shall enjoy in the territory of the other the same rights in respect of the legal protection of person or property and shall have free access to the courts of justice for the prosecution or defence of the rights under the same conditions (including taxes and fees payable) as subjects or citizens of the latter High Contracting Party.

II.—SERVICE OF JUDICIAL AND EXTRA-JUDICIAL DOCUMENTS.
Article 3.
(a) When judicial or extra-judicial documents drawn up in the territory of one of the High Contracting Parties are required by judicial authority situated therein to be served on persons in the territory of the other High Contracting Party, such documents may be served on the recipient by any of the methods provided in Articles 4 or 5 in cases where these articles are applicable.
(b) In Part II of this Convention the expression “country of origin” means the country from which the documents to be served emanate, and the expression “country of execution” means the country in which service of documents is to be effected.

Article 4.
(a) A request for service shall be addressed and sent by a Diplomatic or Consular Officer acting for the country of origin to the competent authority of the country of execution, requesting such authority to cause the document in question to be served.
(b) The request for service shall be drawn up in the language of the country of execution, and shall state the names and descriptions of the parties, the name, description, and address of the recipient, and the nature of the document to be served, and shall enclose the document to be served together with a copy thereof.
(c) The document to be served shall either be drawn up in the language of the country of execution, or be accompanied by a translation into such language, unless the competent authority of the country of execution declares that a translation is unnecessary. Such translation shall be certified as correct by a Diplomatic or Consular Officer acting for the country of origin or by an official or sworn translator of the country of execution or the country of origin.
(d) Requests for service shall be addressed and sent—
In England, to the Senior Master of the Supreme Court of Judicature.
In Hungary, to the Royal Hungarian Ministry of Justice.
If the authority to whom a request for service has been sent is not competent to execute it, such authority shall (except in cases where execution is refused in accordance with paragraph (f) of this Article) of his own motion forward the request to the competent authority of the country of execution.
(e) Service shall be effected by the competent authority of the country of execution, who shall serve the document in the manner prescribed by the municipal law of such country for the service of similar documents, except that, if a wish for some special manner of service is expressed in the request for service, such manner of service shall be followed in so far as it is not incompatible with the law of that country; provided that, if the competent authority of the country of execution has declared the translation to be unnecessary and no translation is sent, such authority may limit his action to effecting service by the transmission of the document to the recipient if he is willing to accept it.
(f) The execution of a request for service, duly made in accordance with the preceding provisions of this Article, shall not be refused unless (1) the authenticity of the request for service is not established, or (2) the High Contracting Party in whose territory it is to be executed considers that his sovereignty or safety would be compromised thereby.
(g) In every instance where a request for service is not executed by the authority to whom it has been sent, the latter will at once inform the Diplomatic or Consular Officer by whom the request was sent, stating the ground on which the execution of the request has been refused or the competent authority to whom it has been forwarded.
(h) The authority by whom the request for service is executed shall furnish a certificate proving the service or explaining the reason which has prevented such service, and setting forth the fact, the manner, and the date of such service or attempted service, and shall send the said certificate to the Diplomatic or Consular Officer by whom the request for service was sent. The certificate of service or of attempted service shall be placed on the copy or attached thereto.
B