17. Attempts against morals, by habitually encouraging or promoting the corruption of minors of either sex;

18. Bigamy;

19. Kidnapping, secreting, or substituting children or concealing birth;

20. Criminal conspiracy;

21. Perjury and suborning witnesses, witnessing falsely ;

22. Corrupt acts and dereliction of duty committed by public functionaries;

23. Subornation of public functionaries or arbitrators;

24. Attempting to hinder free circulation of railway trains; 25. Intentionally destroying telegraphic apparatus and telegraph poles and wires.

III. Political crimes and offences are excepted from the present Convention.

The individual whose surrender shall have been granted shall not in any case be subject to trial or punishment for any political offence or act therewith connected, previous to the extradition, nor for any other common offence previous to that on account of which he shall have been surrendered.

IV. The High Contracting Parties consider as enunciative, and not limitative, the list of crimes above mentioned, and accordingly admit the power of asking and granting on the ground of reciprocity the extradition of the individuals accused or condemned for other crimes not enumerated in the present Convention, provided they be such as are visited with an afflictive or ignominious punishment by the laws of the two countries. In such cases the action of both Governments shall be discretionary and optional.

V. The provisional arrest of the individual accused of any of the crimes above enumerated shall be immediately effected at the instance of the Diplomatic or Consular Agent of the nation claiming him, who shall present a request to the Ministry of Foreign Affairs based upon the existence of a warrant of arrest or other equivalent document issued by the competent authority.

VI. Extradition shall be granted as soon as the demanding Government exhibits in the same way the original or the authentic copy of the Order of Arrest or Decree of Condemnation of the accused, or the sentence against an escaped prisoner issued by the competent authority, in the forms prescribed by the laws of the country demanding the extradition, specifying at the same time the nature and gravity of the acts charged or proved, the penalty applicable thereto, and adding the personal description of the accused, condemned, or escaped individual.

In case of doubt, the respective Governments shall refer the issue to the Courts of Justice, which, after hearing the interested

party, shall pronounce upon the matter; the individual or individuals whose apprehension and surrender may have been asked for being meanwhile detained in provisional custody.

VII. If within the space of three months from the date of such apprehension, duly made in accordance with the form and rules prescribed by the law of the country applied to for the extradition, the party making the application should not present the documents. mentioned in Article VI, the individual detained shall be restored. to liberty, and shall not be liable to be rearrested for the same

reason.

VIII. Should the individual claimed be under prosecution for crimes or offences in the country in which he has sought refuge, his extradition shall be deferred either until his acquittal, or, in case of his condemnation, until the penalty inflicted upon him shall have been enforced,

IX. Extradition shall not be prevented by the inability of an individual to leave the country by reason of obligations contracted with private individuals, who shall retain all the rights of which they shall be entitled to obtain enforcement from the competent authorities.

X. Should the same delinquent or accused, before his extradition has been effected, be claimed at the same time by more than one State, the preference shall be given to that Government in whose territory he shall have perpetrated the most serious of the crimes charged against him, or, in case these should be of equal gravity, to the State which shall have first claimed him.

XI. Extradition shall not take place when the individual claimed shall be a citizen or subject of the State applied to; the latter, however, in such a case shall be obliged to bring him to the justice and sentence of its own Tribunals upon the grounds of the trial instituted where the crime or offence was committed, and to this end the Courts and Judicatures of both countries shall act on a common understanding, and forward each other the papers and letters rogatory which may be necessary in the course of the proceedings.

Individuals naturalized in either country are declared to be included in the provisions of this Article, when the naturalization shall have been antecedent to the crime or offence; when, on the contrary, naturalization shall have been subsequent, extradition may be refused, when five years shall have elapsed since the day of naturalization, if during such a period of time the individual claimed has been domiciled in the territory of the State applied to.

XII. All objects which may furnish evidence of the crime or offence on account of which proceedings are taken, as likewise valuables and articles stolen in the territory of one of the ligh Contracting Parties, or obtained in that of the other by means of

the thefts referred to, shall be sequestrated and delivered by the proper authority to the Government which requested and obtained the extradition.

The said delivery shall be made even when through the death or escape of the accused the extradition cannot take place.

XIII. Extradition may be refused when a penalty or an action for the offence charged upon the individual claimed shall have been ordered according to the laws of the country where he shall have sought refuge.

XIV. The costs of capture, custody, maintenance, and extradition of an individual whom it shall have been agreed to surrender, as well as of the delivery and conveyance of the objects specified in Article XII, shall be at the charge of the two Governments within the limits of their respective territories.

The costs of voyage by sea shall be at the charge of the Government applying for extradition.

XV. The provisions of this Convention shall not be applied to crimes or offences perpetrated before the date of its conclusion [such cases remaining subject to the ruling of Articles XXVIII, XXIX, and XXX of the Treaty of Commerce and Navigation concluded between the High Contracting Parties on the 7th May, 1866,* and ratified on the 10th September, 1867, which, with this exception, are supplanted by the present Convention].t

XVI. The High Contracting Parties agree that controversies which may arise respecting the interpretation or execution of the present Convention, or the consequences of any infraction, should, when the means of composing them directly by amicable agreement shall have been exhausted, be submitted to the decision of Commissions of Arbitration, and that the issue of such arbitration should be mutually obligatory.

The members composing such Commissions shall be chosen by the two Governments by common accord; in default of this, each of the parties shall appoint its own Arbitrator, and the Arbiters appointed shall select a third.

The procedure to be observed in arbitration shall in each case be determined by the Contracting Parties, and, failing this, the Commission of Arbitrators shall consider itself authorized to determine it beforehand.

XVII. This Convention shall remain operative for the period of

*Vol. LX. Page 485.

It was agreed at the exchange of ratifications on the 17th April, 1881, that the words referring to the Treaty of Commerce and Navigation between the respective countries, that Treaty having expired, and having been duly denounced, remain without any force or effect, just as if they had not been inserted in the last part of Article XV.

six years from the day in which, after the preliminary legal sanctions, the respective ratifications shall have been exchanged, and after the expiration of this period until either of the High Contracting Parties shall announce to the other a year in advance its intention to revoke the Convention.

XVIII. The exchange of the ratifications of the present Convention shall take place in the city of Monte Video within the shortest possible term.

In faith whereof the undermentioned Plenipotentiaries have signed the present Convention, and have affixed thereto their seals. Done in duplicate original at Rome, on the 14th day of the month of April, 1879.

(L.S.) DEPRETIS.

(L.S.) ANTONINI Y DIEZ.

BRITISH LETTERS PATENT for the Annexation to the Colony of the Cape of Good Hope of certain British Possessions or Territories in the Transkei, known as Tembuland, Emigrant Tambookieland, Bomvanaland, and Galekaland.-Westminster, August 6, 1880.*

VICTORIA, by the grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, Empress of India: To all to whom these presents shall come, greeting:

WHEREAS it is expedient that certain of our possessions in South Africa, situated in the Transkei, and commonly known as Tembuland, Emigrant Tambookieland, Bomvanaland, and Galekaland, should be annexed to and form part of our Colony of the Cape of Good Hope:

And whereas the Legislative Council and House of Assembly of our said Colony have expressed their desire for such annexation, and have passed the following Joint Resolution, bearing date the 30th day of June, 1876: "That, in the opinion of this House, it is expedient that the country situate between the Umtata and the Tsomo Rivers, known as Tembuland, should be annexed to this Colony, and that the Government take such steps as may place it in a position to introduce a Bill to effect such annexation;" and have also passed the following Joint Resolution, bearing date the 1st day of August, 1878: "That, in the opinion of this House, it is expedient that the tracts of country situated in the Transkei, known respectively as Bomvanaland, ceded to this Government by arrange

*Revoked, and new Letters Patent issued, 2nd October, 1884.

ment with the native Chief Moni, and Galekaland obtained by conquest, should be annexed to this Colony, and that the Government take such steps as may place it in a position to introduce a Bill to effect such annexation:" And whereas the said Legislative Council and House of Assembly have not yet passed any such Joint Resolution in respect of the country situate between the Tsomo and Indwe Rivers, known as Emigrant Tambookieland, but it hath been represented to us that the annexation thereof is desired by our said Colony: Now we do, by these our Letters Patent, under the Great Seal of our United Kingdom of Great Britain and Ireland, authorize our Governor for the time being of our said Colony of the Cape of Good Hope, by Proclamation under his hand and the public seal of the said Colony, to declare that, from and after a day to be therein mentioned, the said possessions and territories, or as much thereof as to him, after due consideration and consultation with his Ministers, shall seem fit, shall be annexed to and form part of our said Colony. And we do hereby authorize and direct our said Governor to determine, and by Proclamation to signify, the limits of the said possessions and territories so annexed.

2. And we do further direct our said Governor not to issue any such Proclamation as aforesaid until the Legislative Council and House of Assembly of our said Colony of the Cape of Good Hope shall have passed a Joint Resolution affirming the expediency of annexing Emigrant Tambookieland to our said Colony, nor until the Legislature of our said Colony shall have passed an Act providing that the said possessions and territories shall become part of our said Colony, and be subject to the laws in force therein except in so far as they may be modified by a special Code of Laws and Regulations to be included in or framed in pursuance of the said Act, nor until such special Code shall have received our approval, to be conveyed through one of our Principal Secretaries of State. The said Act or Special Code may be modified by any Law or Laws to be from time to time passed by the Legislature of our said Colony for the government of the said possessions and territories so annexed: Provided that every such Law shall be reserved by our said Governor for the signification of our pleasure thereon.

3. And we do hereby reserve to us, our heirs and successors, full power and authority, from time to time, to revoke, alter, or amend these our Letters Patent as to us or them shall seem meet.

4. And we do further direct and enjoin that these our Letters Patent shall be read and proclaimed at such place or places as our said Governor shall think fit within our said Colony of the Cape of Good Hope.

In witness whereof we have caused these our Letters to be made Patent.