Belgium, order in Council directing that the extradition acts shall apply in the case of, and of the supplementary convention of March 5, 1907. (Statutory rules and orders, 1907, no. 544.) 1d.

Bulgaria, agreement between the Post office of the United Kingdom and the Post office of, for the exchange of postal and telegraph money orders. 1907. Post office. (cd. 3721.) 21d.

Cyprus, order in council making further provision for the government of the island of. (Statutory rules and orders, 1907, no. 539.) 1d. Ecuador, accession of, to the convention signed at Geneva, August 22, 1864, for the amelioration of the condition of the wounded in armies in the field. Aug. 3, 1907. Foreign office. (cd. 3732.) d.

Expanding bullets and asphyxiating gases, accession of the United Kingdom to the declarations signed at The Hague, July 29, 1899, respecting. August 30, 1907. Foreign office. (ed. 3751.) 1d.

International exhibitions, report of the committee on the participation of Great Britain in great. 1907. Board of trade. (cd. 3772), 7d.; (cd. 3773), 3s. 1d.

Italy, agreement between the United Kingdom and, respecting the importation of drugs and medical preparations. July 9, 1907. Foreign office. (ed. 3735.) d.

Morocco, agreement between the United Kingdom and the United States of America respecting protection of patents in. June 24, 1907. Foreign office. (ed. 3752.)

d.

Newfoundland fisheries, exchange of notes establishing a modus vivendi between the United Kingdom and the United States of America. with regard to the. Sept. 4 and 6, 1907. Foreign office. (cd. 3754.) ¿d.

Foreign office. (cd. 3734.) d. further correspondence relating to Foreign office. (ed. 3765.) 1s. 8d.

Newfoundland fisheries, notes exchanged with the American ambassador on the subject of the. 1907. Newfoundland fishery question, the. [Oct., 1906, to Sept., 1907.] Norway, order in Council directing that the extradition acts shall apply in the case of the Kingdom of. (Statutory rules and orders, 1907, no. 545.) 1d.

Portugal, declaration between the United Kingdom and, respecting boundaries in Central Africa (Barotseland). Signed at London, Aug. 12, 1903. Foreign office. (cd. 3731.) d.

Russia, convention between the United Kingdom and, relating to

Persia, Afghanistan and Thibet. Signed at St. Petersburgh, Aug. 31, 1907. Foreign office. (ed. 3753.) 1d.

Russia, convention signed on Aug. 31, 1907, between Great Britain and, containing arrangements on the subject of Persia, Afghanistan and Thibet. Foreign office. (ed. 3750.)

Sanitary convention, international. Foreign office. (ed. 3730.) 6d.

14d.

Signed at Paris, Dec. 3, 1903.

Sleeping sickness, proceedings of the first international conference on the, held at London in June, 1907. Foreign office. (ed. 3778.) 6d. State papers, British and foreign. 1902-1903. Vol. 96. 1906. Foreign office. 10s.

Sugar convention, correspondence respecting the additional act to the Brussels, of March 5, 1902, signed at Brussels, Aug. 28, 1907. Foreign office. (ed. 3780.) 44d.

Sweden, agreement between the United Kingdom and, respecting the estates of deceased seamen. Oct. 5, 1907. Foreign office. (cd. 3779.)

*d.

Venezuela, accession of, to the convention signed at Geneva, July 6, 1906, for the amelioration of the condition of the wounded and sick in armies in the field. July 8, 1907. Foreign office. (ed. 3733.)

d.

BOLIVIA

Mensaje del Presidente constitucional de la República al Congreso ordinario de 1907. 43 p.

CANADA

France, convention respecting the commercial relations between Canada and. Ottawa, 1907. 47 p.

ECUADOR

Relaciones exteriores, memoria del Ministro de, a la Convencion nacional de 1906. Quito. XX., 204 p. Ministerio de relaciones exteriores.

PHILIP DE WITT PHAIR.

JUDICIAL DECISIONS INVOLVING QUESTIONS OF

Extradition

INTERNATIONAL LAW

THE KING V. THE GOVERNOR OF BRIXTON PRISON.

Ex parte VAN DER AUWERA.

[1907] 2 King's Bench Division, 157.

Crime Committed in Belgium - Prescriptive Period for Punishment - Order of Committal to Await Surrender Made Within Prescriptive Period, but During Time Prisoner Serving Sentence for Crime Committed in England - Arrest under Order of Committal After Expiration of Prescriptive Period Extradition Act, 1870 (33 & 34 Vict., c. 52), s. 3, sub-s. 3; ss. 10, 11- Extradition Treaty Between United Kingdom and Belgium of October 29, 1901, arts. 9, 11— Belgium Penal Code, arts. 92, 96.

Rule nisi calling on the governor of Brixton Prison to shew cause why the applicant, Michel Louis van der Auwera, who had been committed to Brixton Prison by a metropolitan magistrate, there to await his surrender to the Belgian Government, should not be brought up and discharged upon the ground that, by art. 92 of the Belgian Penal Code, the offence for which the applicant was sentenced was no longer punishment in Belgium, the period of prescription having expired. On June 28, 1901, the prisoner was convicted of larceny in Belgium in his absence par contumace. The time for appealing expired on July 9 following. The prescriptive period of five years, which is fixed by art. 92 of the Belgian Penal Code,' then began to run. On February 8,

1 The following translation of the material portions of the Belgian Penal Code, the Code d'Instruction Criminelle, and the Treaty between the United Kingdom and Belgium for the Mutual Surrender of Fugitive Criminals, dated October 29, 1901, was used by the Court:

Belgian Penal Code, art. 92: "Correctional punishment will be lost by prescription after five completed years, counting from the date of the decree or judgment given in the last resort, or counting from the day when the judgment given in first instance could not longer be contested by way of appeal."

66

Art. 96: Prescription of punishment" (that is, the period after which exemption from punishment takes place through lapse of time) "will be interrupted by the arrest of the convicted person."

Code d'Instruction Criminelle, s. 476: "If the accused surrenders, or is

1906, he was arrested in England on a charge of obtaining money by false pretences in England. On March 9, 1906, he was committed for trial at the Central Criminal Court in regard to that charge, and on April 4, 1906, was sentenced to twelve months' hard labour. On March 9, 1906, he was committed to His Majesty's prison at Brixton by a metropolitan magistrate under s. 10 of the Extradition Act, 1870, there to await the warrant of a Secretary of State for his surrender, which had been claimed by the Belgian Government for the larceny of which he had been convicted in Belgium, and on the same day the magistrate certified his committal to the Under-Secretary of State for the Home Department. On being liberated on the expiry of the sentence on arrested before his sentence has been extinguished by prescription, the judgment by default and all the proceedings against him from the date of the warrant for his arrest shall be nullified as of right, and the case shall be proceeded with in ordinary form."

+

* *

Sec. 641: "In any case, those who have been condemned by default or for contumacy, and whose sentence has been prescribed, shall not be allowed to appear and purge their contempt or contumacy."

Treaty between the United Kingdom and Belgium for the Mutual Surrender of Fugitive Criminals, dated October 29, 1901, art. 1, clause 29: "In no case can the surrender be made unless the crime shall be punishable according to the laws in force in both countries with regard to extradition."

Art. 9: "The surrender shall not take place if, since the commission of the acts charged, the accusation, or the conviction, exemption from prosecution or punishment, has been acquired by lapse of time, according to the laws of the country where the accused shall have taken refuge."

Art. 11: "If the individual claimed should be under process, or condemned by the Courts of the country where he has taken refuge, his surrender may be deferred until he shall have been set at liberty in due course of law. In case he should be proceeded against or detained in such country on account of obligations contracted towards private individuals, his surrender shall, nevertheless, take place, the injured party retaining his right to prosecute his claims before the competent authority."

Extradition Act, 1870 (33 & 34 Vict., c. 52), s. 3, sub-s. 3: "A fugitive criminal who has been accused of some offence within English jurisdiction, not being the offence for which his surrender is asked, or is undergoing sentence under any conviction in the United Kingdom, shall not be surrendered until after he has been discharged, whether by acquittal or on expiration of his sentence or otherwise."

Sec. 10: "In the case of a fugitive criminal accused of an extradition crime, if the foreign warrant authorizing the arrest of such criminal is duly authenticated, and such evidence is produced as (subject to the provisions of this Act) would, according to the law of England, justify the committal for trial of the prisoner if the crime of which he is accused had been committed in England,

November, 1907.

9 GERMANY-ITALY. Treaty signed respecting literary and artistic property. This treaty, like that between Belgium and Germany of October 19, is in pursuance of the resolution of the Paris conference of 1896 in favor of simplification of particular literary arrangements between union states; Germany, Belgium and Italy being members of the international union for the protection of literary and artistic property. Dr. d'auteur, January, 1908. 12 GUATEMALA. Executive order. Prohibiting entry of Chinese even though possessed of Guatemalan passports. Due to abuse of passports. El Guatemalteco, November 13.

14 RUSSIA. Third Duma opened at St. Petersburg. Times, November 14, 15; Mem. dipl., November 17; R. of R., 37:91.

14 COSTA RICA-GUATEMALA

HONDURAS-NICARAGUA-SALVADOR.

Opening of peace conference in Washington. Adjourned December 20. Eight treaties signed on the latter date providing for (1) general peace and amity, (2) additional articles to same, (3) the creation of a Central American court of justice, (4) uniform extradition laws, (5) annual conferences for uniformity in monetary systems, tariffs, weights and measures, (6) the establishment. of better means of communication and transportation, (7) the establishment of a pedagogic institute in Costa Rica, (8) the establishment of a Central American Bureau similar in its functions to the Bureau of American Republics. Proceedings and treaties in B. A. R., December. B. oficial de la secretaría de relaciones exteriores (Mexico), October, 1907.

15 FRANCE GREAT BRITAIN. Arrangement signed at London to prevent as far as possible evasion of duties on successions. Ratifications exchanged at London, December 9, 1907. J. O., December 14; Times, December 14. French decree of ratification, December 13, 1907. Text in B. de statistique, 31:585; also in R. de dr. int. privé, 3:976; study on same by Wahl, id., 1908, No. 1.

16 PRUSSIA-SWEDEN.

Convention signed at Berlin for establishment

of ferry service for transfer of trains between Sassnitz and Trelleborg. Mem. dipl., November 24.

16 BELGIUM. Invitation to foreign powers to participate in Brussels Exposition in 1910.