Portugal engages to maintain telegraphic service between the coast and the River Ruo, which shall be open to the use of the subjects of the two Powers without any differential treatment. Great Britain and Portugal engage to give every facility for the connection of telegraphic lines constructed in their respective spheres. Details in respect to such connection, and in respect to questions relating to the settlement of through tariffs and other charges, shall, if not settled by common consent, be referred to the arbitration of experts under the prescribed conditions. Article XVI. All differences not specifically mentioned in the preceding Articles which may arise between the two Governments with regard to this Convention shall be submitted to arbitration. Article XVII. The present Convention shall be ratified, and the ratifications shall be exchanged at London as soon as possible. In witness whereof the respective Plenipotentiaries have signed the present Convention, and have affixed thereto the seal of their arms. Done in duplicate at London, the twentieth day of August, in the year of Our Lord one thousand eight hundred and ninety. Salisbury. 23. GRANDE-BRETAGNE, PORTUGAL. Arrangement relatif aux sphères d'influence des Parties contractantes en Afrique; signé à Londres le 14 novembre 1890. Parliamentary Papers presented to both Houses of Parliament by command of Her Majesty. December 1890. [C. 6212]. Africa No. 2 (1890/91). The Undersigned, duly authorized to that effect by their respective Governments, have agreed as follows: I. The Government of Hist Most Faithful Majesty the King of Portugal and the Algarves engages to decree at once the freedom of navigation of the Zambesi and of the Shiré. II. The Government of His Most Faithful Majesty the King of Portugal and the Algarves engages also to permit and to facilitate transit over the waterways of the Zambesi, the Shiré, and the Pungué, and also over the land ways which supply means of communication where those rivers are not navigable. III. The Government of His Most Faithful Majesty the King of Portugal and the Algarves further engages to facilitate communications between the Portuguese ports on the coast and the territories included in the sphere of action of Great Britain, especially as regards the establishment of postal and telegraphic communications, and as regards the transport service. IV. The Government of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the Government of His Most Faithful Majesty the King of Portugal and the Algarves, engage to recognize the territorial limits indicated in the Convention of the 20th August, 1890, in so far that from the date of the present Agreement to the termination thereof neither Power will make Treaties, accept Protectorates, or exercise any act of sovereignty within the spheres of influence assigned to the other party by the said Convention. But neither Power will thereby be held to prejudge any question whatever which may arise as to the said territorial limits in the course of the ulterior negotiations. V. The present Agreement shall come into operation from the date of its signature, and shall remain in force for a period of six months. Done at London, the 14th day of November, 1890. Salisbury. 24. GRADE-BRETAGNE, ORANGE (ÉTAT LIBRE D'). Convention d'extradition; signée à Cape Town le 20 juin et à Bloemfontein le 25 juin 1890*). Parliamentary Papers presented to both Houses of Parliament by Command of Her Majesty. April 1891. Orange Free State No. 1 (1891) [C.-6313]. Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, and his Honour the President of the Orange Free State, in the name of the Government of that Republic, having judged it expedient, with a view to the better administration of justice. and to the prevention of crime within the two countries and their jurisdictions, that persons charged with or convicted of the crimes or offences hereinafter enumerated, and being fngitives from justice, should, under certain circumstances, be reciprocally delivered up; His Excellency Sir Henry Brougham Loch, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Knight Commander of the Most Honourable Order of the Bath, Governor and *) Les ratifications ont été échangées à Bloemfontein le 25 juin 1890. Nouv. Recueil Gén. 2e S. XVIII. L Commander-in-chief of the Colony of the Cape of Good Hope, Her Majesty's High Commissioner for South Africa, &c., acting on behalf and in the name of Her said Majesty; And his Honour Francis William Reitz, President of the Orange Free State, acting on behalf and in the name of the Government of the Orange Free State, Have agreed upon and concluded the following Articles: Article I. The High Contracting Parties engage to deliver up to each other, under the circumstances and conditions stated in the present Treaty, those persons who, being accused or convicted of any of the crimes or offences enumerated in Article II, committed in the territory of the one Party, shall be found within the territory of the other Party. Article II. Extradition shall be reciprocally granted for the following crimes or offences: 1. Murder (including assassination, parricide, infanticide, poisoning), or attempt or conspiracy to murder. 2. Manslaughter. 3. Administering drugs or using instruments with intent to procure the mis-carriage of women. 5. Unlawful carnal knowledge, or any attempt to have unlawful carnal knowledge, of a girl under 16 years of age, if the evidence produced justifies commital for those crimes according to the laws of both the Contracting Parties. 6. Indecent assault. 7. Kidnapping and false imprisonment, child-stealing. Abduction. 8. 9. Bigamy. 10. Maliciously wounding or inflicting grievous bodily harm. 11. Assault occasioning actual bodily harm. 12. Threats, by letter or otherwise, with intent to extort money or other things of value. 13. Perjury or subornation of perjury. 14. Arson. 15. Burglary or housebreaking, robbery with violence, larceny, or embezzlement. 16. Fraud by a bailee, banker, agent, factor, trustee, director, member, or public officer of any Company, made criminal by any law for the time being in force. 17. Obtaining money, valuable security, or goods by false pretences; receiving any money, valuable security, or other property, knowing the same to have been stolen or unlawfully obtained. 18. (a.) Counterfeiting or altering money, or bringing into circulation counterfeited or altered money. (b.) Forgery, or counterfeiting or altering, or uttering what is forged, counterfeited, or altered. (c.) Knowingly making, without lawful authority, any instrument, tool, or engine adapted and intended for the counterfeiting of coin of the realm. 19. Crimes against Bankruptcy Law. 20. Any malicious act done with intent to endanger the safety of any person travelling or being upon a railway. 21. 22. Malicious injury to property, if such offence be indictable. Crimes committed at sea: (a). Piracy by the law of nations. (b). Sinking or destroying a vessel at sea, or attempting or conspiring to do so. (c). Revolt, or conspiracy to revolt, by two or more persons on board a ship on the high seas against the authority of the master. (d). Assault on board a ship on the high seas, with intent to destroy life or to do grievous bodily harm. 23. Dealing in slaves in such manner as to constitute a criminal offence against the laws of both States. The extradition is also to be granted for participation in any of the aforesaid crimes, provided such participation be punishable by the laws of both 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. Article III. Either Government may, in its absolute discretion, refuse in any case to deliver up its own subjects to the other Government. Article IV. The extradition shall not take place if the person claimed on the part of Her Majesty's Government, or the person claimed on the part of the Government of the Orange Free State, has already been tried and discharged or punished, or is still under trial in the territory of the Orange Free State or in the United Kingdom respectively, for the crime for which his extradition is demanded. If the person claimed on the part of Her Majesty's Government, or on the part of the Government of the Orange Free State, should be under examination for any other crime in the territory of the Orange Free State or in the United Kingdom respectively, his extradition shall be deferred until the conclusion of the trial and the full execution of any punishment awarded to him. 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 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 an opportunity 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 Her Majesty's High Commissioner for South Africa on behalf of the United Kingdom and Her Majesty's Colonies or foreign possessions, not excluded from this Treaty by Article XVIII, and through the Consul - General of the Orange Free State at London on behalf of the Government of the said State. The requisition for the extradition of an accused person must be accompanied by a warrant of arrest insued 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 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. 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, |