Extracts from New Zealand Gazette.

New Zealand Police Gazette, Volume XV, Issue 14, 15 July 1891, Page 127

Extracts from New Zealand Gazette.

(From Gazette, 1891, pages 772, 773, 774, 775, and 77G.) Fixing Sittings of the District Court of Westland.

ONSLOW, Governor

IN pursuance and exercise of the power and authority in this behalf enabling me, I, William Hillier, Earl of Onslow, the Governor of the Colony of New Zealand, do hereby fix and appoint that sittings of the District Court of Westland, for criminal business, shall be held as follows, in addition to those previously fixed and appointed:—

Westland District

In the Courthouse, Hokitika: For criminal business only, on the 9th July and 21st July, 1891. Provided that in case any of the days so fixed as aforesaid shall happen to be a holiday, then the Court appointed for that day shall bo holden on the first day thereafter not being a holiday. As witness the hand of His Excellency the Governor, this twenty-ninth day of June, one thousand eight hundred and ninety-one.

W. P. REEVES,

Season for Shooting Game in North Canterbury extended.

ONSLOW, Governor,

WHEREAS by a warrant made under “ The Animals Protection Act, 1880,” dated the sixteeenth of March, one thousand eight hundred and ninety-one, and published in the New Zealand Gazette of the nineteenth of March, one thousand eight hundred and ninety-one, it is notified that certain game maybe taken or killed in the North Canterbury District from the first of April to the thirtieth of June, one thousand eight hundred and ninety-one : And whereas it is expedient to extend the time during which hares and quail may be taken or killed in the said district: Now, therefore, I, William Hillier, Earl of Onslow, the Governor of the Colony of New Zealand, in exercise of the powers vested in me by the aforesaid “ Animals Protection Act, 1880,” do hereby declare that hares and quail may be taken or killed in the said North Canterbury District, consisting of the Counties of Cheviot, Ashley, Akaroa, and Selwyn, until the thirty-first day of July, one thousand eight hundred and ninety-one. As witness the hand of His Excellency the Governor, this first day of July, one thousand eight hundred and ninety-one. P. A. BUCKLEY.

Inspector of Weights and Measures appointed, Horowhen/ua

Colonial Secretary’s Office, Wellington, 30th June, 1891. HIS Excellency the Governor has been pleased to appoint Constable Timothy O’Rourke to be Inspector of Weights and Measures, under “ The Weights and Measures Act, 1868,” for the County of Horowhenua, vice D. Hannan. P. A. BUCKLEY

Despatch.—Extradition Treaty with the Orange Free State.

Colonial Secretary’s Office, Wellington, 26th June, 1891. THE following despatch, received from Her Majesty’s Principal Secretary of State for the Colonies, is published for general information.

P. A. BUCKLEY.

(Circular.) Downing Street, 9th April, 1891. My Lord, —I have the honour to transmit to you, for publication in the colony under your Government, a copy of an Order of Her Majesty the Queen in Council, dated the 20th of March, 1891, for giving effect to the treaty between Her Majesty and the President of the Orange Free State for the mutual extradition of fugitive criminals, signed at Cape Town on the 20th of June, 1890, and at Bloemfontein on the 25th of June, 1890, the ratifications of which were exchanged at Bloemfontein on the 16th of December, 1890. The treaty came into operation on the 6th instant, in conformity with Article XX. I have, &c., Knutsford.

The Officer Administering the Government pf New Zealand,

[Extract from the London Gazette of Friday, March 27,1891.]

At the Court, at Windsor, the 20th day of March, 1891.

Present: The Queen’s Most Excellent Majesty,

Lord President, Duke of Rutland, Lord Chamberlain. Whereas by the Extradition Acts, 1870 and 1873, it was, amongst other things, enacted that, where an arrangement has been made with any foreign State with respect to the surrender to such State of any fugitive criminals, Her Majesty may, by Order in Council, direct that the said Acts shall apply in the case of such foreign State; and that Her Majesty may, by the same or any subsequent order, limit the operation of the order, and restrict the same to fugitive criminals who are in or suspected of being in the part of Her Majesty’s dominions specified in the order, and render the operation thereof subject to such conditions, exceptions, and qualifications as may be deemed expedient; and that if, by any law made after the passing of the Act of 1870 by the Legislature of any British possession, provision is made for carrying into effect within such possession the surrender of fugitive criminals who are in or suspected of being in such British possession, Her Majesty may, by the Order in Council applying the said Acts in the case of any foreign State, or by any subsequent order, suspend the operation within any such British possession of the said Acts, or of any part thereof, so far as it relates to such foreign State, and so long as such law continues in force there and no longer: And whereas by an Act of the Parliament of t Canada passed in 1886, and entitled “ An Act respecting the Extradition of Fugitive Criminals,” provision is made for carrying into effect within the Dominion the surrender of fugitive criminals:

And whereas by an Order of Her Majesty the Queen in Council, dated the seventeenth day of November, one thousand eight hundred and eighty-eight, it was directed that the operation of the Extradition Acts, 1870 and 1873, should be suspended within the Dominion of Canada so long as the provision of the said Act of the Parliament of Canada of 1886 should continue in force and no longer: And whereas a treaty was concluded on the twentieth and twenty-fifth days of June, one thousand eight hundred and ninety, between Her Majesty and the President of the Orange Free State, for the mutual extradition of fugitive criminals, which treaty is in the terms following:— Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, and His Honour the President of the Orange Free State, in the name of the Government of that Republic, having judged it expedient, with a view to the better administration of justice and to the prevention of crime within the two countries and their jurisdictions, that persons charged with or convicted of the crimes or offences hereinafter enumerated, and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up;

His Excellency Sir Henry Brougham Loch, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint'George, Knight Commander of the Most Honourable Order of the Bath, Governor and Commander-in-Chief of the Colony of the Cape of Good Hope, Her Majesty’s High Commissioner for South Africa, &c., acting on behalf and in the name of Her said Majesty; and His Honour Francis William Reitz, President of the Orange Free State, acting on behalf and in the name of the Government of the Orange Free State, have agreed upon and concluded the following articles: —

Article I. The high contracting parties engage to deliver up to each other, under the circumstances and conditions stated in the present treat}’, those persons who, being accused or convicted of any of the crimes or offences enumerated in Article 11., committed in the territory of the one party, shall be found within the territory of the other party.

Article 11. Extradition shall be reciprocally granted for the following crimes or offences : 1. Murder (including assassination, parricide, 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 sixteen years of age, if the evidence produced justifies commital for those crimes according to the law’s of both the contracting parties. 6. Indecent assault. 7. Kidnapping and false imprisonment, child-stealing. 8. Abduction. 9. Bigamy. 10. Maliciously wounding or inflicting grievous bodily harm.

11. Assault occasioning actual bodily harm. 12. Threats, by letter or otherwise, with intent to extort money or other things of value. 13. Perjury or subornation of perjury. 14. Arson. 15. Burglary or housebreaking, robbery with violence, larceny, or embezzlement. 16. Fraud by a bailee, banker, agent, factor, trustee, director, member, or public officer of any company, made criminal by any law for the time being in force. 17. Obtaining money, valuable security, or goods by false pretences ; receiving any mono}', valuable security, or other property, knowing the same to have been stolen or unlawfully obtained.

18. (a.) Counterfeiting or altering money, or bringing into circulation counterfeited or altered money. ( b .) Forgery, or counterfeiting or altering, or uttering what is forged, counterfeited, or altered. (c.) Knowingly making, without lawful authority, any instrument, tool, or engino adapted and intended for the counterfeiting of coin of the realm. 19. Crimes against bankruptcy law. 20. Any malicious act done with intent to endanger the safety of any person travelling or being upon a railway. 21. .Malicious injury to property, if such offence bo indictable. 22. Crimes committed at sea:— (a.) Piracy by the law of nations. (6.) Sinking or destroying a vessel at sea, or attempting or conspiring to do so. (c.) Revolt, or conspiracy to revolt, by two or more persons on board a ship on the high seas against the authority of the master. (d.) Assault on board a ship on the high seas, with intent to destroy life or to do grievous bodily harm. 23. Dealing in slaves in such manner as to constitute a criminal offence against the laws of both States. The extradition is also to be granted for participation in any of the aforesaid crimes, provided such participation be punishable by the laws of both contracting parties. Extradition may also be granted at the discretion of the State applied to in respect of any other crime for which, according to the laws of both the contracting parties for the time being in force, the grant can be made.

Article 111. Either Government may, in its absolute discretion, refuse in any case to deliver up its own subjects to the other Government.

Article IV.

The extradition shall place if the person claimed on the part of Her Majesty's Government, or the porson claimed on the part of. the Government of the Orange Free State, has already been tried and discharged or punished, or is still under trial in the territory of the Orange Free State or in the United Kingdom respectively, for the crime for which his extradition is demanded.

If the person claimed on the part of Her Majesty’s Government, or on the part of the Government of the Orange Free State, should be under examination for any other crime in the territory of the Orange Free State or in the United Kingdom respectively, his extradition shall be deferred until the conclusion of the trial and the full execuion of any punishment awarded to him.

Article V.

The extradition shall not take place if, subsequently to the commission of the crime, 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 State applied to.

Article VI,

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

Article VII

A person surrendered can in no case be kept in prison, or be brought to trial in the State to which the surrender has been made, for any other crime, 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. This stipulation does not apply to crimes committed after the extradition.

Article VIII

The requisition for extradition shall be made through Her Majesty's High Commissioner for South Africa on behalf of the United Kingdom and Her Majesty’s colonies or foreign possessions, not excluded from this treaty by Article XVIII., and through the Consul-General of the Orange Free State at JjQndon on behalf of the Government of the said State.

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 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 IX. 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 X

A fugitive criminal may be apprehended, under a warrant issued bj 7 any Police Magistrate, Justice of the Peace, or other competent authority in either country, 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 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 ; provided, however, that in the United Kingdom the accused shall, in such ease, be sent as speedily as possible before a Police Magistrate in London. The criminal shall, in accordance with this article, be discharged, as well in the Orange Free State as in the United Kingdom, if within the term of forty-five days a requisition for extradition shall not have been made by the diplomatic agent of his country 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 country which may como into a port of the other.

Article XI. The extradition shall take place only if the evidence be found sufficient, according to the laws of the State applied to, either to justify the committal of the prisoner for trial, in case the crime had been committed in the territory of the same State, or to prove that the prisoner is the identical person convicted by the Courts of the State which makes the requisition, and that the crime 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; and 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.

Article XII

In the examinations which they will have to make in accordance with the foregoing stipulations, the authorities of the State applied to for said extradition shall admit as valid evidence the depositions or statements of witnesses taken in the other State, under oath or under solemn affirmation to toll the truth, according as its legislation may provide, or the copies of these depositions or statements, and likewise the warrants issued and sentences pronounced in the State which demands the extradition, the certificates of the fact of the condemnation, or the judicial documents which prove it, provided the same are authenticated as follows: —

1. A warrant must purport to be signed by a Judge, Magistrate, or officer of the other State. 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 a judicial document stating the fact of, a conviction must purport to be certified by a Judge, Magistrate, or officer of the other State. 4. 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 ; but any other mode of authentication for the time being permitted by law in the State where the examination is taken may be substituted for the foregoing.

Article XIII

If the individual claimed by one of the two 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 upon their respective territories, his extradition shall be granted to that State whose demand is earliest in date,

Article XIV

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 XV,

All articles seized which were in the possession of the person to be surrendered at the time of his apprehension shall, if the competent authority of the State applied to for the extradition has ordered the delivery of such articles, be given up when the extradition takes place; and the said delivery shall extend not merely to the stolen articles, but to everything that may serve as a proof of the crime.

Article XVI,

All expenses connected with extradition shall be borne by the demanding State.

Article XVII. The present treaty shall apply to crimes and offences committed prior to the signature of the treat} 7 .

Article XVIII.

The stipulations of the present treaty shall not be applicable to the South African colonies and possessions of Her Britannic Majesty.

Article XIX,

With the exceptions mentioned in the preceding article, the stipulations of the present treaty shall be applicable to all the colonies and foreign possessions of Her Britannic Majesty, so far as the laws for the time being in force in such colonies and foreign possessions respectively will allow. The requisition for the surrender of a fugitive criminal who has taken refuge in any of such colonics or foreign possessions shall be made to the Governor or chief authority of such colony or possession by the chief consular officer of the Orange Free State in such colony or possession. Such requisition may be disposed of, subject always as nearly as may bo, and so far as the law of such colony or foreign possession will allow, to the provisions of this treaty, by the said Governor or chief authority, who, however, shall be at liberty either to grant the surrender or to refer the matter to his Government.

Her Britannic Majesty shall, however, be at liberty to make special arrangements in the British colonies and foreign possessions for the surrender of Orange Free State criminals who may take refuge within such colonies and foreign possessions, on the basis, as nearly as may be, and so far as the law of such colony or foreign possessions will allow, of the provisions of the present treaty. Requisitions for the surrender of a fugitive criminal emanating from any such colony or foreign possession of Her

Britannic Majesty shall be governed by the rules laid down in the preceding articles of the present treaty.

Article XX,

The present treaty shall come into force ten days after its publication, in conformity with the forms prescribed by 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. The treaty shall be ratified, and the ratifications shall be exchanged at Bloemfontein as soon as possible. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms.

Done in duplicate, at Gape Town, this twentieth day of June, one thousand eight hundred and ninety. (1.5.) Henry B. Loch, High Commissioner, Done in duplicate, at Bloemfontein, this twenty-fifth day of June, one thousand eight hundred and ninety, (1.5.) F. W. Reitz, State President.

And whereas the ratifications of the said treaty were exchanged at Bloemfontein on the sixteenth day of December, one thousand eight hundred and ninety: Now, therefore, Her Majesty, by and with the advice of her Privy Council, and in virtue of the authority committed to her by the said recited Acts, doth order, and it is hereby ordered, that from and after the sixth day of April, one thousand eight hundred and ninety-one, the said Acts shall apply in the case of the Orange Free State pursuant to the arrangement made by the said treaty with the President of the Orange Free State. Provided always, and it is hereby further ordered, that the operation of the said Extradition Acts, 1870 and 1873, shall be suspended within the Dominion of Canada so far as relates to the Orange Free State and to the said treaty, and so long as the provisions of the Canadian Act aforesaid of 188 G continue in force, and no longer; and provided also that the operation of the said Extradition Acts, 1870 and 1873, shall not extend to the South African colonies and possessions of Her Majesty so far as relates to the Orange Free State and to the said treaty. C. L. Peel.