THE HONGKONG GOVERNMENT GAZETTE, 28TH AUGUST, 1886.
"ARTICLE XI.
801
“If the individual claimed by one of the two Contracting Parties, in pursuance of the present Treaty, should be also claimed by one or several other Powers, on account of other crimes committed upon their territory, his surrender shall, in preference. be granted in compliance with that demand twhich is earliest in date.
X
“ARTICLE XII.
"If the individual claimed should be under prosecution, or in custody, for a crime or offence committed in the country where he may have taken refuge, his surrender may be deferred until he shall have been set at liberty in due course of law.
46
In case he should be proceeded against or detained in such country on account of obligations ontracted towards private individuals, his surrender shall nevertheless take place, the injured party retaining his right to prosecute his claims before the competent authority.
66
"ARTICLE XIII.
Every article found in the possession of the individual claimed at the time of his arrest shall be seized, in order to be delivered up with his person at the time when the surrender shall be made. Such delivery shall not be limited to the property or articles obtained by stealing or by fraudulent bankruptcy, but shall extend to everything that may serve as proof of the crime. It shall take place even when the surrender, after having been ordered, shall be prevented from taking place by reason of the escape or death of the individual claimed.
"ARTICLE XIV.
Each of the two Contracting Parties shall defray the expenses occasioned by the arrest within its territories, the detention, and the conveyance to its frontier. of the persons whom it may consent to surrender in pursuance of the present Treaty.
"ARTICLE XV.
"The stipulations of the present Treaty shall be applicable to the foreign or colonial possessions of the two High Contracting Parties.
"The requisition for the surrender of a fugitive critainal who has taken refuge in a foreign or colonial possession of either Party, shall be made to the Governor or chief authority of such possession by the Chief Consular Officer of the other at the seat of Government; or, if the fugitive has escaped from a foreign or colonial possession of the Party on whose behalf the requisition is made, by the Go- vernor on chief authority of such possession.
"Such requisitions may be disposed of, subject always, as nearly as may be, to the provisions of +his Treaty, by the respective Governors or chief authorities, who, however, shall be at liberty either to grant the surrender, or to refer the matter to their Government.
"Her Britannic Majesty shall, however, be at liberty to make special arrangements in the British *Colonies and foreign possessions for the surrender of Ecuatorian criminals who may take refuge within
such Colony, on the basis, as nearly as may be, of the provisions of the present Treaty.
"ARTICLE XVI.
"The present Treaty shall come into operation two months after the exchange of the ratifications. Due notice shall in each country be given of the day.
"Either Party may at any time terminate the Treaty on giving to the other six months' notice of its intention.
ARTICLE XVII.
"The present Treaty shall be ratified, and the ratifications shall be exchanged at the capital of Ecuador within eight months after the approbation of the Legislative Power according to the laws of each country.
"In witness whereof the respective Plenipotentiaries have signed the same in duplicate, and have affixed thereto the seal of their arms.
"Done at Quito, capital of the Republic of Ecuador, the 20th September, one thousand eight hundred and eighty.
"(L.S.) "(L.S.)
FRE. DOUGLAS HAMILTON. CORNELIO E. VERNAZA."
And whereas the ratifications of the said Treaty were exchanged at Quito, on the nineteeth day of February, one thousand eight hundred and eighty-six.
Now, therefore, Her Majesty, by and with the advice of the Privy Council, and in virtue of the authority committed to her by the said recited Acts; doth order, and it is hereby ordered, that from and after the second day of July, one thousand eight hundred and eighty-six, the said Acts shall apply in the case of the Equator, and of the said Treaty with the Republic of the Equator.
Provided always, and it is hereby further ordered that the operation of the said Acts shall be suspended within the Dominion of Canada so far as relates to the Republic of the Equator and to the said Treaty, and so long as the provisions of the Canadian Acts aforesaid continue in force, and no longer.
C. L. PEEL.