69

A.—2

State of any fugitive criminals, Her Majesty may, by Order in Council, direct tbat the said Acts 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, aud 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 thirty-first day of March, one thousand eight hundred and seventy-four, between Her Majesty and the Swiss Confederation, 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 the Swiss Confederation, having judged it expedient, with a view to the better administration of justice and to the prevention of crime within their respective territories and jurisdictions, that persons charged with, or convicted of, the crimes hereinafter enumerated, and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up, 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, Alfred Guthrie Graham Bonar, Esquire, Her Envoy Extraordinary and Minister Plenipotentiary to the Swiss Confederation; And the Federal Council of the Swiss Confederation, Joseph Martin Kniisel, Member of the Swiss Federal Council; Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following Articles: — Article I. The High Contracting Parties engage to deliver up to each other those persons who, being accused or convicted of a crime committed in tho 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 11. The crimes for which the extradition is to be granted are the following:— (1.) Murder (including infanticide) and attempt to murder. (2.) Manslaughter. (3.) Counterfeiting or altering money, uttering or bringing into circulation counterfeit or altered money. (4.) Forgery, or counterfeiting, or altering, or uttering what is forged, or counterfeited, or altered; comprehending the crimes designated in the penal codes of either State as counterfeiting or falsification of paper money, bank-notes, or other securities, forgery or other falsification of other public or private documents, likewise the uttering or bringing into circulation, or wilfully using such counterfeited, forged, or falsified papers. (5.) Embezzlement or larceny. (6.) Obtaining money or goods by false pretences. (7.) Crimes against bankruptcy law. (8.) Fraud committed 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. (9.) Rape. (10.) Abduction of minors. (11.) Child-stealing or kidnapping. (12.) False imprisonment. (13.) Burglary, or housebreaking with criminal intent. (14.) Arson. (15.) Robbery with violence. (16.) Threats by letter or otherwise with intent to extort. (17.) Perjury or subornation of perjury. (18.) Malicious injury to property, if the offence be indictable. The extradition is also to take place for participation in any of the aforesaid crimes as an accessory before or after the fact. Article 111. No Swiss shall be delivered up by Switzerland to the Government of the United Kingdom and no subject of the United Kingdom shall be delivered up by the Government thereof to Switzerland. Article IV. The extradition shall not take place if the person claimed on the part of the Government ot the United Kingdom, or the person claimed on the part of the Swiss Government, has already been tried and discharged or punished, or is still under trial, in one of the Swiss Cantons, or m the United Kingdom respectively, for the crime for which his extradition is demanded.