Page:United States Statutes at Large Volume 31.djvu/1868

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

1816 TREATY—-—ORANGE FREE STATE. Ocronmz 28, 1896. i ’ ARTICLE VIII. T*i¤l°*?l>’f°*¤**¤¤¤€ No erson surrendered b either of the hi h contractin arties to iieieawmch swam the otiher shall,. without hyis consent, free]? granted afdppublicly declared by him, be triable or tried or be punished for any crime or offense committed prior to his extradition, other than that for which he was delivered up, until he shall have an- opportunity of returning to the country from which he was surrendered. Arvrrcrn IX. Piswsul of articles ·All articles seized which are in the possession of the person to be °°1"d‘ surrendered at the time of his apprehension, whether being the proceeds of the crime or offense charged, or being material as evidence in making proof of the crime or offense, shall, so far as practicable and in conformity with the laws of the respective countries, be given u when the extradition takes place. Nevertheless, the rights of third parties with regard to such articles shall be duly respected. ARTICLE X. t Person claimed by If the individual claimed by one of the high contracting parties, in e§§s_ or m°”° °°““` pursuance of the present Treaty, shall also be claimed by one or several other Powers on account of crimes or offenses committed within their respective jurisdictions, his extradition shall be granted to the State whose demand is first received: Provided, that the Government from which extradition is sought is not bound by Treaty to give preference otherwise. Arrrxcmi XI. EXPenses. The expenses incurred in the arrest, detention, examination and delivery of fugitives under this Treaty shall be borne by the State in whose name the extradition is sought: Provided, that the demanding Government shall not be compelled to bear any expense for the services of such public officers of the government from which extradition is sought as receive a fixed salary; and, Provided, that the charge for the services of such public officers as receive only fees or perquisites shall not exceed their customary fees for the acts or services performed by them had such acts or services been performed in ordinary criminal proceedings under the laws of the country of which they are officers. Arrrroma XH. Effect. The present Treaty shall take effect on the 30th day after the date of the exchange of ratiiications, and shall not operate retroactively. On the day on which it becomes operative however, the extradition articles in the Treaty of December 22, 1871, between the two High Contractin Parties which has been denounced to take effect in January, 1895, shag terminate. J Du’°*i°¤· ew- The ratiiications of the present Treaty shall be exchanged at Wash- · ington as soon as possible and it shall remain in force for a lperiod of six months after either of the contracting Governments s all have given notice of a purpose to terminate it. In witness whereof the respective plenipotentiaries have signed the above articles and have hereunto aflixed their seals. Done in duplicate at the city of ‘Washington, this 28th day of October one thousand eight hundred and ninety-six. Signatures. Rronaizo OLNEY [SEAL.] __ CHARLES D. Pimzom. [sean.]