Extradition Treaty with Emperor of Austria, &c.

claimed, the delivery of the above-mentioned objects shall take place nevertheless.

ARTICLE XVI.

Each of the Contracting Parties shall defray the expenses occasioned by the arrest within its territories, the detention, and the conveyance to its frontier, of the persons to be surrendered, in pursuance of this Treaty.

ARTICLE XVII.

The stipulations of the present Treaty shall be applicable to the Colonies and foreign possessions of Her Britannic Majesty.

The requisition for the surrender of a fugitive criminal who has taken refuge in any of such Colonies or foreign possessions shall be made to the Governor or chief authority of such Colony or possession by the chief Consular officer of Austria-Hungary in such Colony or possession.

Such requisitions may be disposed of, subject always, as nearly as may be, to the provisions of this Treaty, by the said Governor or chief authority, who, however, shall be at liberty either to grant the surrender, or to refer the matter to his Government.

Her Britannic Majesty shall, however, be at liberty to make special arrangements in the British Colonies and foreign possessions for the surrender of Austro-Hungarian criminals who may take refuge within such Colonies and foreign possessions, on the basis as nearly as may be of the provisions of the present Treaty.

The requisition for the surrender of a fugitive criminal from any Colony or foreign possession of Her Britannic Majesty shall be governed by the rules laid down in the preceding articles of the present Treaty.

ARTICLE XVIII.

This present Treaty shall come into force ten days after its publication, in conformity with the forms prescribed by the laws of the High Contracting Parties. It may be terminated by either of the High Contracting Parties, but shall remain in force for six months after notice has been given for its termination.

The Treaty shall be ratified, and the ratifications shall be exchanged at Vienna as soon as possible.

In witness whereof, the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their

arms.

Done

Extradition Treaty with Emperor of Austria, &c., &c.

Done at Vienna, the 3rd day of December, in the year Our Lord One thousand eight hundred and seventy-three.

of

And whereas the ratifications of the said Treaty were exchanged at Vienna on the tenth instant:

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 Act, doth order, and it is hereby ordered, that from and after the thirtieth day of March, one thousand eight hundred and seventy-four, the said Act shall apply in the case of the said Treaty with the Emperor of Austria.

ARTHUR HELPS.

TREATY BETWEEN HER MAJESTY AND THE KING OF THE NETHERLANDS

At the Court at Osborne House, Isle of Wight, the 6th day of August, 1874.

PRESENT:

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS by an Act of Parliament made and passed

in the Session of Parliament holden in the thirty-third and thirty-fourth years of the reign of Her present Majesty, intituled: "An Act for amending the Law relating to the Extradition of Criminals," it was amongst other things enacted, that where an arrangement has been made with any foreign State with respect to the surrender to such State of any fugitive criminals, Her Majesty may, by Order in Council, direct that the said Act shall apply in the case of such foreign State; and that Her Majesty may, by the same or any subsequent order, limit the operation of the order, and restrict the same to fugitive criminals who are in or suspected of being in the part of Her Majesty's dominions specified in the order, and render the operation thereof subject to such conditions, exceptions, and qualifications as may be deemed expedient:

And whereas a Treaty was concluded on the nineteenth day of June last between Her Majesty and the King of the Netherlands,

Extradition Treaty with King of the Netherlands.

Netherlands, for the Mutual Extradition of Fugitive Criminals, which Treaty is in the terms following:

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the King of the Netherlands, having judged it expedient, with a view to the better administration of justice and to the prevention of crime between the two countries, that persons charged with or convicted of the crimes hereinafter enumerated, and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up, their said Majesties have named as their Plenipotentiaries to conclude a Treaty for this purpose, that is to say:

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Honorable Sir Edward Alfred John Harris, a Vice-Admiral in Her Majesty's Royal Navy, Knight Commander of the Most Honorable Order of the Bath, Her Majesty's Envoy Extraordinary and Minister Plenipotentiary to His Majesty the King of the Netherlands;

And His Majesty the King of the Netherlands, M. Joseph Lodewyck Hendrik Alfred Baron Gericke van Herwynen, Commander of the Order of the Netherland Lion, Knight Grand Cross of the Oaken Crown of Luxemburg, &c., &c., His Majesty's Minister for Foreign Affairs; and M. Gerrit de Vries, Commander of the Order of the Netherland Lion, His Majesty's Minister of Justice.

Who, after having communicated to each other their res pective full powers, found in good and due form, have agreed upon and concluded the following articles:

ARTICLE I.

It is agreed that Her Britannic Majesty and His Majesty the King of the Netherlands shall, on requisition made in their name by their respective Diplomatic Agents, deliver up to each other reciprocally any persons who, being accused or convicted of any of the crimes hereinafter specified, committed within the jurisdiction of the requiring party, shall be found within the territories of the other party.

ARTICLE II.

The crimes for which the extradition is to be granted are the following:

1. Murder (including assassination, parricide, infanticide, and poisoning), or attempt to murder;

2. Manslaughter;

3. Counterfeiting or altering money, or uttering counterfeit or altered money;

Extradition Treaty with King of the Netherlands.

4. Forgery, counterfeiting or altering of public or private documents, including forgery, counterfeiting or altering of paper money, bank notes or other public securities;

5. Embezzlement or larceny, comprehending any larceny that by the Netherland Penal Law is not considered as "vol simple ";

6. Obtaining money or goods by false pretences, including the crimes designated in the Netherland Penal Law as peculation, abstraction, or misapplication by bailees or public accountants;

7. Crimes against Bankruptcy Law which by the Netherland Penal Law are considered as fraudulent bankruptcy; 8. Perjury;

9. Rape; 10. Arson:

The extradition is also to take place for participation in any of the aforesaid crimes, provided such participation be punishable by the laws of both the contracting parties.

ARTICLE III.

No subject of the Netherlands shall be given up by the Government of the Netherlands to the Government of the United Kingdom; and no subject of the United Kingdom shall be delivered up by the Government thereof to the Government of the Netherlands.

With reference to the application to the present Treaty, are comprised in the denomination of "subjects," not only naturalized citizens of the country, but also such foreigners, as according to the laws of either of the contracting parties, are assimilated to subjects, as well as such foreigners, who being domiciled in the country, and having married a citizen thereof, have one or more children by that marriage born there.

ARTICLE IV.

The extradition shall not take place if the person claimed on the part of the Government of the United Kingdom, or the person claimed on the part of the Government of the Netherlands, has already been tried and discharged, or punished, or is still under trial, in the Netherlands or in the United Kingdom, respectively, for the crime for which his extradition is demanded.

If the person claimed on the part of the Government of the United Kingdom, or if the person claimed on the part of the Government of the Netherlands, should be under examination for any other crime in the Netherlands or in the United Kingdom, respectively, his extradition shall be

deferred

Extradition Treaty with King of the Netherlands.

deferred until the conclusion of the trial, and the full execution of any punishment awarded to him.

The extradition shall also be deferred if the person claimed should be detained for debt by a sentence passed before the requisition for the surrender, under the laws of the country where he shall be found.

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 to punish him for an offence of a political character.

ARTICLE VII.

A person surrendered can 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 or on account of any other matters than those for which the extradition shall have taken place, until he has been restored or has had the opportunity of returning to the country from whence he was surrendered.

The period of one month shall be considered as the limit of the period during which the prisoner may, with the view of securing the benefits of this Article, return to the country from whence he was 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.