Page:United States Statutes at Large Volume 50 Part 2.djvu/438

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TREATIES Person under pros- ecution in country where found. ARTICLE VI. If an accused person whose extradition may be claimed pursuant to the provisions of this Treaty be actually under prosecution, out on bail, in custody or sentenced for a crime or offense committed in the State to which he has fled, his extradition may be deferred until such proceedings are brought to an end and until he shall have been set at liberty in due course of law. ARTICLE VII. Person claimed by If the extradition of an accused person, which is requested by one of the two Contracting Parties, is also requested by one or more other powers, on the ground of treaty provisions, for crimes or offenses committed within their jurisdiction, the person must be surrendered to that State whose request was first received, unless it is withdrawn. Existing treaties This Article shall not affect treaties which were already concluded with other States not affected. by one of the Contracting Parties at a previous period with other States. ARTICLE VIII. Neither country Under the provisions of this Treaty, neither of the High Contract- bound to deliver up its own citizens; ex- ing Parties shall be bound to surrender its own citizens, with the ception. exception of cases in which such citizenship has been acquired after commission of the crime for which extradition is sought. The deci- sion as to whether the person whose extradition is requested is its own citizen, belongs to the State to which the application for requi- sition is made. ARTICLE IX. ecxpenses of arrest. The cost of transporting the fugitive shall be borne by the Gov- ernment which has made the request for extradition. The competent officials of the country in which the extradition proceedings are to take place shall assist the officials of the Government requesting the extradition before the judges and magistrates by every legal means at their disposal. The Government which requested the extradition is liable for reimbursement of costs only for the subsistence and lodg- ing of the fugitive, which have arisen prior to the extradition through the arrest, detention, the investigation proceedings and the Offcials of surren- delivery of the fugitive. However, the officials of the surrendering dering Government, compensation. Government who shall in the course of their duty, receive specified fees for the services performed, instead of other compensation or payment, shall be entitled to receive from the Government asking extradition, the customary fees for the acts or services performed by them in the same manner and to the same amount as though such acts or services had been performed in ordinary criminal pro- ceedings under the law of the country of which they are officers. ARTICLE X. Articles seized with Everything found in the possession of an accused person, at the time of the arrest, if it is the proceeds of the crime or offense, or may be material as evidence, shall so far as practicable under the laws of the two High Contracting Parties be delivered up with his person at the time of surrender. Nevertheless, the rights of third persons with regard to the articles referred to shall be duly respected. 1344