from the Netherland Government in order that the person claimed may be interrogated by the Court, and that it may express its opinion as to the grant or refusal of extradition. Within fourteen days after the interrogatory the Court shall forward its opinion and its decision, with the papers in the case, to Minister of Justice. The extradition shall only be granted on the production, either in original or in authenticated copy. 1. Of a conviction; or, 2. (a) Of a warrant of arrest (which, by the law of the British dominions, is the only document which is granted when it is adjudged upon evidence taken on oath that the accused ought to be taken into custody), issued in the form prescribed by British law, and indicating the offence in question sufficiently to enable the Netherland Government to decide whether it constitutes, in contemplation of Netherland law, a case provided for by the present Treaty ; and (b) Of the evidence. In the examinations which they have to make in accordance with the foregoing stipulations, the authorities of the Netherland dominions shall admit as valid evidence depositions or statements on oath, of the affirmations of witnesses taken in the British dominions, 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 British dominions. 2. Depositions or affirmations, or the copies thereof, must purport to be certified under the hand of a Judge, Magistrate, or Officer of the British dominions, to be original depositions or affirmations or to be 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 British dominions. 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 one of the Principal Secretaries of State, or some other Minister of State of the British dominions, but any other mode of authentication for the time being permitted by law in that part of the dominions of the Netherlands where the examination is taken may be substituted for the foregoing. Article XIII. The extradition shall not take place unless the evidence be found sufficient, according to the laws of the State applied to, either to justify the committal of the prisoner for trial, if the crime had been committed in the territory of the said 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. The fugitive criminal shall not be surrendered until the expiration of fifteen days from the date of his being committed to prison to await his surrender. Article XIV. 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 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 thereof, 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. The respective Governments mutually renounce all claim for the repayment of expenses incurred by them in the arrest and maintenance and transport of the person to be surrendered, and all other expenses which may be incurred within the limits of their respective territories until the person to be surrendered is placed on boardship, together with the expenses of giving up and returning all seized articles and of sending and return the papers containing proof of the crime, other documents, and they reciprocally agree to bear all such expenses themselves. The above stipulations, however, shall not apply to extradition to and from Canada, as regards which Colony all the expenses shall be borne by the demanding State. Article XVII. If in any criminal matter pending in any Court or Tribunal of one of the two countries it is thought desirable to take the evidence of any witness in the other, such evidence may be taken by the judicial authorities in accordance with the laws in force on this subject in the country where the witness may be; and any expense incurred in taking such evidence shall be defrayed by the country in which it is taken. Article XVIII. The stipulations of the present Treaty shall apply to the Colonies and foreign possessions of the two High Contracting Parties, but being based upon the legislation of the mother country, shall only be observed on either side so far as they may be compatible with the laws in force in those Colonies or possessions. The demand for the extradition of an officer who has taken refuge in a Colony or foreign possession of either Contracting Party may also be made directly to the Governor or principal functionary of that Colony or possession by the Governor or principal functionary of a Colony or possession of the other Contracting Party when the two Colonies or foreign possessions are situated in Asia, Australia (including New Zealand and Tasmania), the Pacific and Indian Oceans or South or East Africa. The same rule shall be followed if the two Colonies or foreign possessions are situated in America (including the West India Islands). The said Governors or principal functionaries shall have the power either of granting the extradition or of referring the question to their Government. In all other cases, the demand for extradition shall be made to through the Dipolmatic channel. The period of provisional arrest provided for in Article X shall for the purposes of this Article be extended to sixty days. Article XIX. From the day when the present Treaty shall come into force the Treaty of Extradition between the two countries of the 19th June, 1874, shall cease to have effect; but the present Treaty shall apply to all crimes within the Treaty, whether committed before or after the day when it comes into force. Article XX. The present Treaty shall be ratified, and the ratifications shall be exchanged as soon as possible. The Treaty shall come into force three months after the exchange of the ratifications. It may be terminated by either of the High Contracting Parties at any time on giving to the other six months? notice of its intention to do so. PORTUGAL Date of Treaty, 17th October, 1892. Date of Order in Council, 3rd March, 1894. Article I. The High Contracting Parties engaged to deliver up to each other those persons who, being accused or convicted of a crime or offence committed in the territory of one 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 assassination, infanticide, and poisoning), or attempt or conspiracy to murder. 2. Manslaughter. 3. Maliciously wounding or inflicting grievous bodily harm. 5. Counterfeiting or altering money, either metallic or of any other kind representing the first named, or uttering counterfeit or altered money of any of those kinds. 6. Knowingly making any instrument, tool, or engine adapted and intended for counterfeiting coin. 7. Forgery, counterfeiting or altering, or uttering what is forged or counterfeited or altered. 8. Embezzlement or larceny. 9. Malicious injury to property, if the offence be indictable. 10. Obtaining money, goods or valuable securities by false pretences. 11. Receiving money, valuable security, or other property, knowing the same to have been stolen, embezzled, or unlawfully obtained. 12. Crimes against bankruptcy law. 13. Fraud by a bailee, banker, agent, factor, trustee, or director or member, or public officer, of any Company, made criminal by any law for the time being in force. 14. Perjury, or subordination of perjury. 15. Rape. 16. Carnal knowledge, or any attempt to have carnal knowledge of a girl under 16 years of age. 17. Indecent assault. 18. Administering drugs or using instruments with intent to procure the miscarriage of a woman, 19. Abduction. 20. Bigamy. 21. Child-stealing. 22. Abandoning children, exposing or unlawfully detaining them. 23. Kidnapping and false imprisonment. 24. Burglary or house-breaking. 25. Arson. 26. Robbery with violence. 27. Any malicious act done with intent to endanger the safety of any person in a railway train. 28. Threats by letter or otherwise, with intent to extort. 30. Sinking or destroying a vessel at sea, or attempting or conspiring to do so. 31. Assault on board a ship on the high seas, with intent to destroy life or to do grievous bodily harm. 32. Revolt, or conspiracy to revolt, by two or more persons on board a ship on the high seas against the authority of the master. 33. 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 one of the aforesaid crimes, provided such participation be punishable by the laws of both the 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. The Portuguese Government will not deliver up any person either guilty or accused of any crime punishable with death. Article III. The Portuguese Government will not grant the extradition of any Portuguese subject, and her Britannic Majesty's Government will not grant the extradition of any British subject; but in the case of a naturalised subject, this Article shall only be applicable if the naturalization was obtained previous to the commission of the crime giving rise to the application for extradition. 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 Portuguese Government, has already been tried and 11 M, EA |