Extradition Treaty with the Republic of the Equator. immediately to the Secretary of State a certificate of the committal and a report upon the case. "After the expiration of a period from the committal of the prisoner, which shall never be less than fifteen days, the Secretary of State shall, by order under his hand and seal, order the fugitive criminal to be surrendered to such person as may be duly authorized to receive him on the part of the Government of Her Majesty. "2. In the case of a person convicted : "The course of proceeding shall be the same as in the case of a person accused, except that the warrant to be transmitted by the Minister or other Diplomatic Agent in support of his requisition shall clearly set forth the crime of which the person claimed has been convicted, and state the fact, place and date of his conviction. The evidence to be produced before the Magistrate charged with the investigation of the case shall be such as would, according to the laws of Ecuador, prove that the prisoner was convicted of the crime charged. 66 ARTICLE IV. "A fugitive criminal may, however, be apprehended under a warrant issued by any Police Magistrate 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 person issuing the warrant, justify the issue of a warrant if the crime had been committed or the prisoner convicted in that part of the dominions of the two Contracting Parties in which he exercises jurisdiction; Provided, however, that in the United Kingdom the accused shall, in such case, be sent as speedily as possible before a Police Magistrate in London, and that he shall be discharged, if within thirty days a requisition shall not have been made for his surrender by the Diplomatic Agent of his country, in the manner directed by Articles II and III of this treaty. "The same rule shall apply to the cases of persons accused or convicted of any of the crimes specified in this Treaty, committed on the high seas, on board any vessel of either country, which may come into any port of the other. 66 ARTICLE V. "If the fugitive criminal who has been committed to prison be not surrendered and conveyed away within two months after such committal, or within two months after the decision of the court, upon the return to a writ of habeas corpus in the United Kingdom, he shall be discharged from custody, unless sufficient cause be shown to the contrary. แ ARTICLE VI. "When any person shall have been surrendered by either of the High Contracting Parties to the other, such person shall not, until he has been restored, or had an opportunity of returning to the country from whence he was surrendered, be triable or tried for any offence committed in the other Extradition Treaty with the Republic of the Equator. other country prior to the surrender, other than the particular offence on account of which he was surrendered. ARTICLE VII. "In any case where an individual convicted or accused in Ecuador of any of the crimes described in the present Treaty, and who shall have taken refuge in the United Kingdom, shall have obtained naturalization there, such naturalization shall not prevent the search for, arrest and surrender of such individual to the Ecuadorian authorities, in conformity with the said Treaty. "In like manner the surrender shall take place on the part of Ecuador in any case where an individual accused or convicted in England of any of the same crimes who shall have taken refuge in Ecuador shall have obtained naturalization there. (( ARTICLE VIII. "No accused or convicted person shall be surrendered, if the offence in respect of which his surrender is demanded shall be deemed by the party upon whom it is made to be one of a political character, or if he prove to the satisfaction of the Police Magistrate, or of the Court before which he is brought on habeas corpus, or to the Secretary of State, that the requisition for his surrender has in fact been made with a view to try or to punish him for an offence of a political character. ARTICLE IX. Warrants, depositions, or statements on oath, issued or taken in the dominions of either of the two High Contracting Parties, and copies thereof, and certificates of or judicial documents stating the fact of conviction, shall be received in evidence in proceedings in the dominions of the other if purporting to be signed or certified by a Judge, Magistrate or officer of the country where they were issued or taken. "Provided such warrants, depositions, statements, copies, certificates, and judicial documents are authenticated by the oath of some witness, or by being sealed with the official seal of the Minister of Justice, or some other Minister of State. 66 ARTICLE X. "The surrender shall not take place if, since the commission of the acts charged, the accusation, or the conviction, exemption from prosecution or punishment has been acquired by lapse of time, according to the laws of the country where the accused shall have taken refuge. " ARTICLE XI. "If the individual claimed by one of the two Contracting Parties, in pursuance of the present Treaty, should be also claimed by one or several other Extradition Treaty with the Republic of the Equator. other Powers, on account of other crimes committed upon their territory, his surrender shall, in preference, be granted in compliance with that demand which is earliest in date. แ ARTICLE XII. "If the individual claimed should be under prosecution, or in custody, for a crime or offence committed in the country where he may have taken refuge, his surrender may be deferred until he shall have been set at liberty in due course of law. "In case he should be proceeded against or detained in such country on account of obligations contracted towards private individuals, his surrender shall nevertheless take place, the injured party retaining his right to prosecute his claims before the competent authority. 66 ARTICLE XIII. "Every article found in the possession of the individual claimed at the time of his arrest shall be seized, in order to be delivered up with his person at the time when the surrender shall be made. Such delivery shall not be limited to the property or articles obtained by stealing or by fraudulent bankruptcy, but shall extend to everything that may serve as proof of the crime. It shall take place even when the surrender, after having been ordered, shall be prevented from taking place by reason of the escape or death of the individual claimed. "ARTICLE XIV. "Each of the two 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 consent to surrender in pursuance of the present Treaty. 66 ARTICLE XV. "The stipulations of the present Treaty shall be applicable to the foreign or colonial possessions of the two High Contracting Parties. "The requisition for the surrender of a fugitive criminal who has taken refuge in a foreign or colonial possession of either Party, shall be made to the Governor or chief authority of such possession by the Chief Consular officer of the other at the seat of Government; or, if the fugitive has escaped from a foreign or colonial possession of the party on whose behalf the requisition is made, by the Governor or chief authority of such possession. "Such requisitions may be disposed of, subject always, as nearly as may be, to the provisions of this Treaty, by the respective Governors or chief authorities, who, however, shall be at liberty either to grant the surrender, or to refer the matter to their Government. "Her Britannic Majesty shall, however, be at liberty to make special arrangements in the British Colonies and foreign possessions for the surrender of Ecuadorian criminals who may take refuge within such Colony, on the basis, as nearly as may be, of the provisions of the present Treaty. "ARTICLE Extradition Treaty with the Republic of the Equator, &c. 66 ARTICLE XVI. "The present Treaty shall come into operation two months after the exchange of the ratifications. Due notice shall in each country be given of the day. 66 Either Party may, at any time, terminate the Treaty on giving to the other six months' notice of his intention. "ARTICLE XVII. "The present Treaty shall be ratified, and the ratifications shall be exchanged at the capital of Ecuador within eight months after the approbation of the Legislative Power according to the laws of each Country. "In witness whereof the respective Plenipotentiaries have signed the same in duplicate, and have affixed thereto the seal of their arms. 66 Done at Quito, capital of the Republic of Ecuador, the 20th September, one thousand eight hundred and eighty. (L.S.) FRED. DOUGLAS HAMILTON, (L S.) CORNELIO E. VERNAZA.” And whereas the ratifications of the said Treaty were exchanged at Quito, on the nineteenth day of February, one thousand eight hundred and eighty-six. 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 second day of July, one thousand eight hundred and eighty-six, the said Acts shall apply in the case of the Equator, and of the said Treaty with the Republic of the Equator. Provided always, and it is hereby further ordered, that the operation of the said Acts shall be suspended within the Dominion of Canada so far as relates to the Republic of the Equator and to the said Treaty, and so long as the provisions of the Canadian Acts aforesaid continue in force, and no longer. C. L. PEEL. TREATY WITH SPAIN. DOWNING STREET, 10th June, 1886. SIR, I have the honour to transmit to you, for information and publication in the Colony under your Government, a copy of a Parliamentary Paper containing the Convention between the Governments of Great Britain and Spain respecting the commercial relations of the two countries, signed at Madrid on the 26th of April last. I have the honor to be, Sir, Your most obedient humble servant, The Officer administering the Government of Canada. CONVENTION Treaty with Spain. CONVENTION between the Governments of Great Britain and Spain respecting the Commercial Relations of the two Countries. Signed at Madrid, 26th April, 1886. The Government of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the Government of Her Majesty the Queen Regent of Spain, being desirous of facilitating the commercial relations of their respective countries, have named as their representatives for that purpose The Government of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Sir F. Clare Ford, Her Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary at Madrid, &c. &c. The Government of Her Majesty the Queen Regent of Spain, His Excellency Senor Don Segismundo Moret y Pendergast, Minister of State, &c., &c.; Who, being duly authorized by their respective Governments, have agreed upon the following Articles : ARTICLE I. The Government of Her Majesty the Queen Regent of Spain will grant to the United Kingdom of Great Britain and Ireland, and to Her Britannic Majesty's Colonies and foreign possessions, most-favoured nation treatment in all that concerns commerce, navigation and Consular rights and privileges in Spain, and in the Spanish Colonies and foreign possessions, co-extensive in amount of benefit with that accorded to France and Germany under the Treaties of the 6th February, 1882, and the 12th July, 1883. The provisions of this Convention shall come into operation on the 1st July next, unless by mutual consent any other date may be fixed, and on condition that on that date the alcoholic scale, according to which duties are levied on Spanish wines on their introduction into the United Kingdom of Great Britain and Ireland, is modified in accordance with the terms of the following Article. ARTICLE II. The Government of Her Britannic Majesty will continue to grant to Spain, her Colonies and foreign possessions, most-favoured nation treatment in the United Kingdom of Great Britain and Ireland, and in Her Britannic Majesty's Colonies and foreign possessions, in all that concerns commerce, navigation, and Consular rights and privileges, They will, in addition, apply to Parliament for the necessary authority to provide that the limit of the lower half of the alcoholic scale shall extend up to, but not exceed, 30 degrees of proof spirit. ARTICLE III. The present Convention has been drawn up subject to the sanction of the Legislatures of the United Kingdom of Great Britain and Ireland and of Spain respectively. When approved, it shall remain in force until the 30th |