Governors or chief authorities, who however shall be at liberty either to grant the extradition or to refer the matter to their own Government. Her Britannic Majesty shall nevertheless be at liberty to make special arrangements in the British Colonies and foreign possessions for the surrender to His Italian Majesty of criminals who may have taken refuge in such Colonies or possessions, always in conformity, so far as possible, with the provisions of the present Treaty. Finally, it is agreed that this stipulation does not apply to the Island of Malta, the Ordinance of the Maltese Government of the 21st of February 1863, remaining in full force. Article XIX. The High Contracting Parties declared that the present stipulations apply as well to persons accused or convicted, whose crimes, on account of which the extradition is demanded, may have been committed previously, as to those whose crimes may be committed subsequently to the date of this Treaty. Article XX. The present Treaty shall come into operation ten days after its publication according to the forms prescribed by the laws of High Contracting Parties. Either party may at any time put an end to this Treaty, which, however, shall remain in force for six months after the notice for its termination. This Treaty shall be ratified, and the ratifications shall be exchanged at Rome within six weeks, or sooner if possible. NETHERLANDS. Date of Treaty, 26th September, 1898. Date of Order in Council, 2nd February, 1899. Article I. The High Contracting Parties engage to deliver up to each other those persons who, being accused or convicted of a crime or offence committed in the territory of the one Party, shall be found within the territory of the other Party, under the circumstances and conditions stated in the present Treaty. Article II. The crimes or offences for which the extradition is to be granted are the following :— 1. Murder, including infanticide, or attempt, or conspiracy to murder, including such crimes when directed against the Sovereign, his heir, or any other person whomsoever, provided that the crime is not of a political character. 2. Manslaughter, including the manslaughter of a child. 3. Assault occasioning actual bodily harm. 4. Maliciously wounding or inflicting grievous bodily harm. 5. Counterfeiting or altering money, or uttering counterfeit or altered money. 6. Forgery, counterfeiting or altering, or uttering what is forged, counterfeited or altered. 7. Embezzlement; fraud by a bailee, banker, agent, factor, trustee, or director or member of public officer of any Company, made criminal by any law for the time being in force; or larceny. 8. Malicious injury to property if the offence be indictable. 9. Obtaining money, goods, or valuable securities by false pretences. 10. Crimes against bankruptcy law. 11. Perjury, or subornation of perjury. 12. Rape. 13. Carnal knowledge or any attempt to have carnal knowledge of a girl under 16 years of age. 14. Indecent assault. 15. Administering drugs or using instruments with intent to procure the miscarriage of a woman. 16. Abduction. 17. Child stealing. 18. Kidnapping of minors and their false imprisonment. 20. Arson. 21. Robbery with violence. 22. Any malicious act done with intent to endanger the safety of a railway train. 23. Threats by letter or otherwise, with intent to extort. 24. Piracy by law of nations. 25. Sinking or destroying a vessel at sea, or attempting to do so. 26. Assaults on board a ship on the high seas, with intent to destroy life, or do grievous bodily harm. 27. Revolt by two or more persons on board a ship on the high seas, against the authority of the master. 28. Dealing in slaves in such a manner as to constitute a criminal offence against the laws of both States. Extradition is also to be granted for participation in any of the aforesaid crimes, provided such participation be an extradition crime by the laws of the State applied to. In the foregoing cases extradition shall take place only when the crime, if committed within the jurisdiction of the country on which the claim for surrender is made, would constitute an extradition crime by the laws of that country. 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 III. Either Government may, in its absolute discretion, refuse to surrender its own subjects to the other Government. Article IV. The extradition shall not take place if the person claimed on the part of the British Government, or the person claimed on the part of the Netherland Government, has already been tried and discharged or punished, or is actually upon his trial, within the territory of the other of the two Contracting Parties, for the crime for which his extradition is demanded. If the person claimed on the part of the British Government, or if the person claimed on the part of the Netherland Government, should be under examination, or is undergoing sentence under a conviction, for any other crime within the territories of the two High Contracting Parties respectively, his extradition shall be deferred until after he has been discharged whether by acquittal, or on expiration of his sentence, or otherwise. 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 may 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, on account of any other matters, than those for which the extradition shall have taken place, until he has been restored, or had an opportunity during one month 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 the Diplomatic Agents of the High Contracting Parties respectively. 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 the 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. Pending the presentation of the demand for extradition through the Diplomatic channel, a fugitive criminal may be apprehended under a warrant issued by 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 case, be sent as speedily as possible before a Magistrate. He shall, in accordance with this article, be discharged as well in the Netherlands as in the United Kingdom, if within the term of twenty-day a requisition for extradition shall not have been made by the Diplomatic Agent of the demanding 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 come into a port of the other. Article XI. If the fugitive have been arrested in the British dominions he shall forthwith be brought before a competent Magistrate, who is to examine him, and to conduct the preliminary investigation of the case, just as if the apprehension had taken place for a crime committed in the British dominions. In the examination which they have to make in accordance with the foregoing stipulations, the authorities of the British dominions shall admit as valid evidence depositions or statements or oath or affirmations of witnesses taken in the Netherlands, or copies thereof, and likewise the warrants and sentences issued therein, and certificates of, or judicial documents stating the fact of, a conviction provided the same are authenticated as follows: 1. A warrant must purport to be signed by a Judge, Magistrate, or Officer of the Netherlands. 2. Depositions, or affirmations, or the copies thereof, must purport to be certified under the hand of a Judge, Magistrate, or Officer of the Netherlands, to be the original depositions or affirmations, or to be the true copies thereof, as the case may require. 3. A certificate of, or judicial document stating the fact of, a conviction must purport to be certified by a Judge, Magistrate, or officer of the Netherlands. 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 State of the Netherlands; but any other mode of authentication for the time being permitted by the law in that part of the British dominions where the examination is taken may be substituted for the foregoing. Article XII. If the fugitive have been arrested in the dominions of the Netherlands the officer of justice shall prefer a requisition within three days after the arrest, or, if the arrest have not taken place, or if it have taken place prior to the application for the extradition, then within three days after the receipt of authority for that purpose |