Page:United States Statutes at Large Volume 50 Part 2.djvu/440

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AiBTCLE XI. Territory affected. The provisions of the present Treaty shall be applicable to all terri- tory wherever situated, belonging to one of the High Contracting Parties, or in the occupancy or control of one of them, during such occupancy or control. Requisitions. Requisitions for the extradition of fugitives from justice shall be made by the diplomatic representatives of the Contracting States. In the event of the absence of such representatives from the country or its seat of Government, or if extradition is sought from a terri- tory outside of the United States of America or the Principality of Liechtenstein, in the manner specified in Article I, the requests may be made by superior consular officers. Arest. The arrest of the fugitive shall take place in accordance with the provisions of the laws of the States concerned. If, after examination on the basis of the provisions of law and the evidence, it is decided that the extradition must be granted under this Treaty, extradition of the fugitive shall be carried out in accordance with the legal regulations provided for such cases. Release, if formal A person provisionally arrested shall be released, if, within two request not forthoom- p pvs aresdt ing; time limitaton. months counted from the day of opening the proceedings in the United States of America, and in Liechtenstein, from the day of the arrest, the formal requisition for surrender with the documentary evidence hereinafter described has not been made by the diplomatic representative of the Government making the request, or in his absence, by a consular officer thereof, in the above-mentioned manner. Ppers required. If the accused person has been sentenced for the crime or offense for which his extradition is requested, a duly authenticated copy of the sentence of the court which pronounced the sentence shall be produced. When the accused person is merely charged with a crime, a duly authenticated copy of the warrant for arrest issued in the Anec, p. 138. State where the act was committed, shall be produced, with the proofs of guilt mentioned in Article I of this Treaty. ARTICLE XII. RBatiionb. This Treaty, the English and German texts of which are equally authoritative, shall be ratified by the High Contracting Parties in accordance with the constitutional provisions applicable to them and shall go into effect on the day of the exchange of the instruments of ratification, which shall take place at Berne as soon as possible. ArICLE XIII. DUraton. This Treaty shall remain in force for a period of five years, and in case neither of the High Contracting Parties gives notice a year prior to the expiration of this period of its intention to terminate the Treaty, it shall remain in force until the expiration of a year from the day on which one of the High Contracting Parties denounces it. Bsinatres. In witness whereof the above-mentioned plenipotentiaries have signed this Treaty and have hereunto affixed their seals. Done in duplicate at Berne on May twentieth, nineteen hundred and thirty six. [SEnA] HUGH R WIsoN [sAL] MOTrA 1346 TREATIES