Page:United States Statutes at Large Volume 18 Part 2c.djvu/444

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ITALY, 1868. 437 4. The crnne of burglary, defined to be the action of breaking and entering by night into the house of another with the intent to commit felony; and the_cr1m_e of robbery, defined to be the action of feloniously purl forcibly taking from the person of another goods or money, by vioence or putting him in tear. 5. The crnne ot forgery, by which is understood the utterance of fopged papers, the counterfeiting of public, sovereign, or Government ac s. G. The fabrication or circulation of counterfeit money, either coin or paper, of public bonds, bank-notes, and obligations, and in general of any title and instrument of credit whatsoever, the counterfeiting of seals, dies, stamps, and marks of State and public administrations, and the utterance thereof. 7. The embezzlement of public moneys, committed within the jurisdiction of either party, by public officers or depositors. 8..E[llb8ZZl€lDftIlC by any person or persons hired or salaried, to the [See additional detringent of their employers, when these crimes are subject to infamous *“'“°I°¤ P· **38-] pnnis ment. Anrrcrn Ill. The provisions of this treaty shall not apply to any crime or offcnce Political offenses of a political character, and the person or persons delivered up for the **0* i¤¤l¤<l¤<i· crimes enumerated in the preceding article shall in no case be tried for any ordinary crime, committed previously to that for which his or their surrender is asked. ARTICLE IV. I f the person whose surrender may be claimed, pursuant to the stipu- R<>*=¤¤¢i¤¤ <>f ¤¢>· lations of the present treaty, shall have been arrested for the commission °“’°d I‘°"“§"""{ "lf of offences in the country where he has sought an asylum, or shall have ;·;,°;;,,_°r Om 0 ` been convicted thereof, his extradition may be deferred until he shall have been acquitted, or have served the term of imprisonment to which he may have been sentenced. ARTICLE V. Requisitions for the surrender of fugitives from justice shall be made R°‘l*}*§**i°¤¤ f°*' by the respective Diplomatic Agents of the contracting parties, or in °‘°"‘°h°'°"‘ the event of the absence of these from the country or its seat of Gov- _ _ ernment, they may be made by superior consular officers. If the per- Wim! f•¤8lF*V° Son Whose extradition may be asked for shall have been convicted of a °°""°°°d°f °"m°‘ crime, a copy of the sentence of the court in which he may have been convicted, authenticated under its seal, and an attestation of the official character of the judge by the proper executive authority, and of the latter by the Minister or Consul of the United States or of Italy, respectively, shall accompany the requisition. When, however, the fugitive When fugitive shall have been merely charged with crime, a duly authenticated copy g‘,*:;§°‘l Wth of the warrant for his arrest in the country where the crime may have ‘ been committed, or of the depositions upon which such warrant may have been issued, must accompany the requisition as aforesaid. The President of the United States, or the proper executive authority in Italy, may then issue a warrant for the apprehension of the fugitive, in order that he may be brought before the proper judicial authority for examination. If it should then be decided that, according to law and the evidence, the extradition is due pursuant to the treaty, the fugitive may be given up according to the forms prescribed in such cases. Anrrcmc V1. The ex enses of the arrest detention, and transportation of the per- E¤p¢=¤¤<>¤_¤f M- sons claiiiied, shall be paid by the Government in whose name the requi- "°“ "“d d°l"'°"l" sition shall have been made.