XVI. La présente Convention, laquelle n'est pas applicable aur Colonies, ne sera exécutoire qu'à dater du vingtième jour après s promulgation dans les formes prescrites par les lois des deux pays.

A partir de sa mise à exécution la Convention du 13 Août, 1880,* cessera d'être en vigueur et sera remplacée par la présente Convention, laquelle continuera à sortir ses effets jusqu'à six mois après déclaration contraire de la part de l'un des deux Gouvernements.

Elle sera ratifiée, et les ratifications en seront échangées dans le délai de deux mois, ou plus tôt si faire se peut.

En foi de quoi les Plénipotentiaires respectifs ont signé la présente Convention et y ont apposé leurs cachets.

Fait en double expédition à La Haye, le 4 Novembre, 1893. (L.S.) VAN TIENHOVEN. (L.S.) C. STRUVE.

CONVENTION between the Netherlands and the Orange Free State, for the Extradition of Criminals.-Signed at the Hague, April 24, 1893.

[Ratifications exchanged at the Hague, April 9, 1894.]

(Translation.)

HER Majesty the Queen of the Netherlands, and in her name the Queen-Regent of the Kingdom, and the Right Honourable the State President of the Orange Free State, having agreed to conclude a new Convention relating to the Extradition of Criminals, have for this object appointed as their Plenipotentiaries the following

persons:

Her Majesty the Queen-Regent of the Kingdom of the Netherlands, on her part, M. Gijsbert van Tienhoven, Commander of the Order of the Netherland Lion, &c., Minister for Foreign Affairs; and

The Right Honourable the State President of the Orange Free State, on his part, M. Hendrik Antonie Lodewijk Hamelberg, Commander of the Order of Leopold of Belgium, Consul-General of the Orange Free State in the Netherlands;

Who, after having presented to each other their credentials, which were found in good and proper form, have agreed to the following Articles :

ART. I. The Government of the Netherlands and the Government of the Orange Free State bind themselves, by the provisions enacted in the following Articles, to deliver up to each other all persons, w 3, with *Vol. LXXI, page 139.

the exception of their own subjects, convicted or accused of any of the acts hereafter mentioned, committed outside the territory of the State from which the extradition is demanded:

1.-(a.) Attempt against the life or the liberty of the King, of the reigning Queen, of the Regent, of the State President or of the Head of a friendly State, or undertaken with the object of rendering them incapable to govern;

(b.) Attempt against the life or the liberty of the Queen who is not reigning, of the heir presumptive to the Throne or of a member of the reigning House;

2. Murder, child murder, manslaughter;

3. Threats, made in writing and on certain conditions, so far as the laws of the two countries allow of extradition on that ground; 4. Wilfully causing the abortion of a woman either through herself or by other persons;

5. Injury to the person, so far as the laws of the two countries allow of extradition on that ground;

6. Compelling a woman by force or threats with violence to have carnal connection when not married to her; having carnal connection, when not married to her, with a woman whom the man knows to be in a state of unconsciousness or in a fainting fit; attempted violation (with violence or threats); indecent assault on a person under the age of 14;

7. Instigating persons under age to commit indecent assaults, and all acts having as their object the abetting of fornication among persons under age, which are punishable by the laws of the two countries;

8. Bigamy;

9. Abduction, carrying off, concealment, or substitution of a child;

10. Abduction or carrying off persons under age;

11. Forging or falsifying specie or bank-notes, with the object of issuing or causing to be issued such specie or bank-notes as genuine, or wilfully bringing into circulation bad money or forged

bank-notes;

12. Forging or falsifying stamps and marks or signatures required by law, so far as the laws of the two countries allow of extradition on that ground;

13. Falsehood in writing and with the intention of using the false or falsified writing, so far as the laws of the two countries allow of extradition on that ground; introducing from abroad notes of a bank of circulation established by force of law, with the object of issuing them as genuine, in case the person so acting was aware of their being worthless when he received those notes, and was acting in concert with the forger or his accomplices;

14. False evidence, bribery of witnesses, perjury;

15. Bribery of public officials, so far as the laws of the two countries allow of extradition on that ground, extortion, embezzlement by officials and other persons of the same status ;

16. Arson, if danger to life or property of others is to be feared from it; arson with the object of illegally gaining advantage to one'sself or to another person to the prejudice of an insurer or to the lawful holder of a bill of bottomry;

17. Wilful and unlawful destruction of a building belonging wholly or in part to another person;

18. Open violence in association with other persons with intent to destroy property, so far as the laws of the two countries allow of extradition on that ground;

19. Wilfully and unlawfully causing a vessel to founder or strand, destroying, rendering unserviceable, or damaging a vessel, if danger of life to other persons is to be apprehended;

20. Mutiny and resistance of passengers to the captain and of ordinary seamen to their superiors in rank, so far as the laws of the two countries allow of extradition on that ground;

21. The wilful causing of danger to a railway train, so far as the laws of the two countries allow of extradition on that ground; 22. Theft;

23. Fraud;

24. Abuse of a blank signature;

25. Embezzlement, abuse of trust;

26. Fraudulent bankruptcy.

Under the foregoing descriptions are included attempt and complicity, so far as they are punishable by the laws of the country from which the extradition is demanded.

II. The extradition shall not be conceded

1. When the act was committed in a third State and the Government of that State demands the extradition;

2. When the demand is made on the ground of the same act for which the person claimed has been tried in the country from which the extradition is demanded, and for which he has there been sentenced, dismissed from prosecution, or acquitted;

3. If the period for the prosecution or the punishment has lapsed according to the laws of the country from which the extradition is demanded at the time when the extradition would have taken place.

III. The extradition shall not take place so long as the person claimed is being prosecuted for the same act in the country from which the extradition is demanded.

IV. If the person claimed is being prosecuted or is undergoing punishment for an offence other than that for which his extradition is demanded, his extradition shall not be granted till after the

prosecution instituted in the country from which the extradition. is demanded, and in the case of his being sentenced it shall not be granted until he has undergone the punishment inflicted or has had his sentence remitted. Nevertheless, when, by the laws of the country which claims the extradition, the prosecution should lapse by prescription through such delay, the extradition shall be granted, unless special reasons are opposed to it, and under the obligation of sending back the person extradited, as soon as the prosecution in that country has terminated.

V. The person extradited shall not be prosecuted nor punished in the country to which the extradition is conceded, nor extradited to a third State, for a criminal act not mentioned in the present Convention and committed previous to the extradition, unless in both cases he had the free choice of again quitting the country first named during the period of one month following the termination of the prosecution instituted against him, and, in case of conviction, has undergone the punishment inflicted on him or has had his sentence remitted.

Nor shall he be prosecuted or punished for a criminal offence mentioned in the present Convention and committed previously to the extradition, but for which the extradition was not granted, without the consent of the Government which granted the extradition, and which, if it deems it desirable, shall require the production of one of the documents mentioned in Article VII of the present Convention. The consent of that Government shall in like manner be required to the granting of the extradition of the accused to a third State. That consent, however, shall not be required when the accused person, of his own accord, claims to be tried or to undergo his punishment, or when he has not left the territory of the State to which he is extradited within the time above mentioned.

VI. The provisious of the present Convention are not applicable to political offenders.

No person extradited for any of the acts mentioned in Article I may be prosecuted or punished in the State to which the extradition is granted for a political offence committed by him before his extradition, nor for any act connected with such political offence, unless he had the free choice of leaving the country again, during the month following the termination of the prosecution instituted against him, and in case of his conviction had undergone the punishment inflicted on him or had his sentence remitted.

VII. The extradition shall be demanded by diplomatic intervention, and shall be granted only on the presentation of the original document, or of an authenticated copy, either of the sentence of conviction or of the order for prosecution or of the order by which legal

process is granted with warrant for arrest, or of the warrant for arrest, issued in the form prescribed by the laws of the State demanding the extradition, and in which the act in question is described in such a way that the State from which the extradition is claimed is able to decide whether, according to its laws, it presents a case contemplated by the present Convention, as also to judge of the punishment applicable to the offence.

VIII. The property seized on or in the possession of the person claimed shall be given over to the State that claims his extradition, if the proper authority of the State of which the extradition is demanded has ordered the handing over of such property.

IX. While awaiting the demand for extradition through the diplomatic channel, the provisional arrest of the person whose extradition may be demanded by the present Convention may be applied for: on the part of the Netherlands, by any officer of justice or by any Judge of Instruction (" Rechter Commissaris "); and, on the part of the Orange Free State, by the Attorney-General.

X. All foreigners under provisional arrest according to the provisions of the preceding Article, unless they have to remain in custody for other reasons, shall be set at liberty if the demand for extradition through the diplomatic channel, accompanied by the documents prescribed in the present Convention, has not been made within two months from the date of the warrant for provisional

arrest.

XI. When, in prosecuting for an offence, one of the Governments considers necessary the examination of witnesses who are in the other State, a Commission of Inquiry shall be sent through the diplomatic channel for that object, and the proceeding shall be carried on with due observance of the laws of the country where the witnesses are to be examined. Meanwhile, in urgent cases a Commission of Inquiry may be sent direct by the legal authorities in one State to the legal authorities in the other State.

XII. In a criminal case, relating to a common offence, if the appearance of a witness is necessary or desirable in the other country, his Government shall request him to attend to the invitation made to him, and, in the event of his compliance, travelling and lodging expenses shall be assigned to him according to the tariffs and regulations in force in the country where the examination is to take place, unless the Government requiring his presence shall think it necessary to allow him a higher compensation.

Witnesses of any nationality who, when summoned to appear in one of the two States, present themselves before the Judges of the other State, shall not be prosecuted or arrested for criminal offences previously committed by them in such State, or on account of sentences for offences pronounced against them, nor even on the