Page:United States Statutes at Large Volume 24.djvu/1045

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1016 TREATYJAPAN. Arun. 29, 1886. 6. Burglary, dehned to be the breaking and entering by night-time into the house of another person with the intent to commit a felony therein; and the act of breaking and entering the house of another, whether in the day or nighttime, with the intent to commit a felony therein. 7. The act of entering, or of breaking and entering, the offices of the Government and public authorities, or the offices of banks, bankinghouses, savings-banks, trust companies, insurance or other companies, with the intent to commit a felony therein. 8. Perjury, or the subornation of perjury. 9. Rape. 10. Arson. _ 11. Piracy by the law of nations. 12. Murder, assault with intent to kill, and manslaughter, committed on the high seas, on board a ship bearing the flag of the demanding country. 13. Malicious destruction of, or attempt to destroy, railways, trams, vessels. bridges, dwellings, public edifices, or other buildings, when the act endangers human life. Anrioru III. Persons already If the person demanded be held for trial in the country on which the ¤¤d°¥‘ ¤"°¤l>· demand is made, it shall be optional with the latter to grant extradition or to proceed with the trial: Provided that, unless the trial shall be for the crime for which the fugitive is claimed, the delay shall not prevent ultimate extradition. Anrrcrn IV. Political odences If it be made to appear that extradition is sought with a view to try ¤<>¤ i¤<=l¤d¢d· or punish the person demanded for an offence of a political character, surrender shall not take place; nor shall any person surrendered be tried or punished for any political offence committed previously to his extradition, or for any offence other thanthat in respect of which the extradition is granted. Anrrcrn V. Requisition;. The requisition for extradition shall be made through the diplomatic agents of the contracting parties, or, in the event of the absence ot' these from the country or its seat of government, by superior consular officers. convicts. If the person whose extradition is requested shall have been convicted of a crime, a copy of the sentence of the court in which he was 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 Japan, as the Persona charged case may be, shall accompany the requisition. When the fugitive is with crime- merely charged with crime, a duly authenticated copy of the warrant of arrest in the country making the demand and of the depositions on which such warrant may have been issued, must accompany the requisition. Evidence. The fugitive shall besurrendered only on such evidence of criminality as according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the crime had been there committed. Anrrcrn VI. Provisional de. On being iniormed by telegraph, or other written communication f¤¤¢i•>¤- through the diplomatic channel, that a lawful warrant has been issued by competent authority, upon probable cause, for the arrest of a fugitive criminal charged with any of the crimes enumerated in Article IL of