Citizens. Neither party obliged to deliver its own citizens.

Treaty made for eight years and continuable indefinitely;
may be terminated by either party on twelve months' notice.

XXI. DOMINICAN REPUBLIC, FEB. 8, 1 867.

Crimes. \. Murder (including assassination, parricide, in-
fanticide and poisoning). 2. Attempt to commit murder. 3.
Rape. 4 Forgery. 5. Counterfeiting of money. 6. Arson.
7. Robbery, with violence, intimidation, or forcible entry of an
inhabited house. 8. Piracy. 9. Embezzlement by public offi-
cers, or by persons hired or salaried to the detriment of their
employers, when these crimes are subject to infamous punish-
ment

Surrender is made by the executives.

Political offenses and crimes committed prior to the date of
the treaty are exempt.
9



130 HOW TO PROCEED.

Treaty was concluded for a term of eight years from en-
change of ratifications and then indefinitely, either party now-
having privilege to arrest its operations by giving twelve
months' notice to the other.

XXII. ITALY, MARCH 23, 1 868.

Crimes. 1. Murder, comprehending the crimes designated
in the Italian penal code by the terms of parricide, assassina-
tion, poisoning and infanticide. 2. Attempt to commit murder.
3. Rape. 4 Arson. 5 Piracy. 6 Mutiny on board a ship,
whenever a crew or a part thereof, by fraud or violence against
the commander, have taken possession of the vessel. 7. Burg-
lary, defined to be the action of breaking and entering by night
into the house of another with intent to commit felony. 8.
Robbery, defined to be the action of feloniously and forcibly
taking from the person of another goods or money, by violence
or putting him in fear. 9. Forgery, by which is understood
the utterance of forged papers, the counterfeiting of public
sovereign or government acts. 10. Fabrication or circulation
of counterfeit money, either coin or paper, of public bonds,
bank notes and obligations, and, in general, of any title and in-
strument of credit whatsoever, the counterfeiting of seals, dies,
stamps and marks of State and public administrations, and the
utterance thereof. M, The embezzlement of public moneys
committed within the jurisdiction of either party, by public of-
ficers or depositors. r"2. Embezzlement by any person or per-
sons hired or salaried to the detriment of their employers, when
these crimes are subject to infamous punishment.

Political offenses are exempt.

Persons delivered up for any of the crimes enumerated
shall not be tried for any ordinary crime committed previously
to that for which his surrender is asked.

New Crime. If fugitive has committed a new crime in the



EXTRADITION TREATIES. 131

country to which he has fled, his extradition may be deferred
until he is discharged from that.

Requisitions shall be made by the diplomatic agents of the
contracting parties, or, if they are absent, by superior consular
officers.

Convicts and fugitives charged with crime are alike extra-
dited.

The treaty was made for five years from date of ratification,
and if neither party gave notice six months before expiration
of time of a desire to withdraw, then it was to continue for an-
other five years under same conditions. It can now be arrested
at the end of any five years from the date of its ratification by
either party giving six months' previous notice.

Additional Article, Jan. 21, 1869. The concluding paragraph
of second article, relating to crimes, was amended so as to
read : Embezzlement by any person, or persons, hired or sal-
aried, to the detriment of their employers, when these crimes
are subject to infamous punishment according to the laws of
the United States, and criminal punishment according to the
laws of Italy.

XXIII. REPUBLIC OF SALVADOR, MAY 23, 1870.

Crimes. 1. Murder, comprehending the crimes designated
in the penal codes of the contracting parties by the terms
homicide, parricide, assassination, poisoning and infanticide.
2. Attempt to commit murder. 3. Rape. 4. Arson. 5. Pi-
racy. 6. Mutiny on board a ship whenever a crew, or part
thereof, by fraud or violence against the commander, have
taken possession of the vessel. 7. Burglary, defined to be the
action of breaking and entering by night into the house of an-
other, with intent to commit felony. 8. Robbery, defined to
be the action of feloniously and forcibly taking from the per-
son of another goods or money by violence, or putting him in
fear. 9. Forgery, by which is understood the utterance of



132 HOW TO PROCEED.

forged papers, the counterfeiting of public, sovereign or gov-
ernment acts. 10. Fabrication or circulation of counterfeit
money, either coin or paper, of public bonds, bank-notes, and
obligations, and, in general, of all things being titles or instru-
ments of credit, the counterfeiting of seals, dies, stamps, and
marks of State and public administration, and the utterance
thereof. 1 1 . Embezzlement of public moneys, committed within
the jurisdiction of either party, by public officers or depositors.
12. Embezzlement by any person or persons, hired or salaried.
to the detriment of their employers, when these crimes are
subject to infamous punishment.

Political crimes are exempt, and a person delivered up to
be tried for one of these enumerated crimes shall not be tried
for any ordinary crime committed before the one for which he
was extradited.

New Crime. Same as Norway and Sweden.

In no case does either of the high contracting parties deliv-
er up its own subjects or citizens. If the crime complained of
is one for which he would be punished in his own country, the
evidence, information, documents, instruments or tools used in
its commission, etc., may be transmitted to his country for the
purpose of prosecuting the case there.

Requisitions shall be made by the respective diplomatic
agents of the contracting parties, or in their absence, by su-
perior consular officers.

Convicts and persons charged with crime are both extra-
dited.

Treaty made for ten years from date of exchange of ratifi-
cations, and if neither party gives six months' notice of desire
to withdraw, it shall continue ten years longer and so on.

XXIV. NICARAGUA JUNE 25, 1870.

Crimes. 1. Murder, comprehending assassination, parri-
cide, infanticide and poisoning. 2. Rape. 3. Arson. 4. Pi-



EXTRADITION TREATIES. 1 33

racy. 5. Mutiny on board a ship, whenever the crew or a part
thereof, by fraud or violence against the commander, have
taken possession of the vessel. 6. Burglary, defined same as
in Republic of Salvador. 7. Robbery, defined same as in Re-
public of Salvador. 8. Forgery, by which is understood the
utterance of forged papers, the counterfeiting of public, sov-
ereign or government acts. 9 Fabrication or circulation of
counterfeit money, either coin or paper, of public bonds, bank
notes, and obligations, and, in general, of all titles or instru-
ments of credit, the counterfeiting of seals, dies, stamps and
marks of State and public administrations, and the utterance
thereof. 10. Embezzlement of public moneys, committed
within the jurisdiction of either party, by public officers or de-
positors. 1 1 . Embezzlement by any person or persons hired
or salaried, to the detriment of their employers, when these
crimes are subjected to infamous punishment.

Political offenses are exempt.

Persons delivered up shall not be tried for any ordinary
crime committed previously to that for which their surrender
is asked.

New Crime. If the fugitive has committed a new crime in
the country in which he has sought asylum, and has been ar-
rested or convicted therefor, his extradition may be deferred
until he shall have been acquitted, or served out his term of
imprisonment.

Requisitions shall be made by the respective diplomatic
agents of the contracting parties, or, in their absence, by su-
perior consular officers.

Convicts are extradited. A copy of the sentence of the
court in which he may have been convicted, authenticated un-
der 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 Nicaragua,
respectively, shall accompany the requisition.



134 HOW TO PROCEED.

If the fugitive is charged with crime only, then a duly au-
thenticated copy of the warrant for his arrest in the country
where the crime may have been committed, and of the deposi-
tions upon which such warrant may have been issued, must
accompany the requisition

The executives of the respective countries issue the war-
rants for the apprehension of the fugitive and he is brought
before the proper judicial tribunal for examining the question
of extradition.

Treaty continues in force five years from the date of ratifi-
cation, and if neither party gives the other six months' previ-
ous notice of its intention to withdraw, the treaty shall con-
tinue five years longer, and so on.

XXV. PERU, SEPTEMBER 12, 1870.
Crimes. 1. Murder, comprehending the crimes of parri-
cide, assassination, poisoning and infanticide. 2 Rape, abduc-
tion by force. 3. Bigamy. 4. Arson. 5. Kidnaping, defin-
ing the same to be the taking or carrying away of a person by
force or deception 6. Robbery, highway robbery, larceny.
7. Burglary, defined to be the action of breaking and entering
by night time into the house of another person with intent to
commit a felony. 8. Counterfeiting or altering money, the intro-
duction or fraudulent commerce of and in false coin or money ;
counterfeiting the certificates or obligations of the government,
of bank notes and of any other documents of public credit,
the altering and use of the same; forging or altering judicial
judgments or decrees of the government or courts, of the seals,
dies, postage stamps and revenue stamps of the government,
and the use of the same; forging public and authentic deeds
and documents, both commercial and of banks, and the use of
the same. 9. Embezzlement of public moneys, committed
within the jurisdiction of either party, by public officers or
bailees, and embezzlement by any person hired or salaried. 10.



EXTRADITION TREATIES. 1 35

Fraudulent bankruptcy, n. Fraudulent barratry. 12. Muti-
ny on board of a vessel when the persons who compose the
crew have taken forcible possession of the same, or have trans-
ferred the ship to pirates. 13. Severe injuries intentionally
caused on railroads, to telegraph lines or to persons by means
of explosion of mines or steam-boilers. 14. Piracy.

Political offenses are exempt.

Enumerated crimes committed anterior to the date of ex-
change of ratifications are also excluded.

Neither party delivers up its own citizens.

Convicts are extradited A condemnatory sentence, or or-
der of arrest, or other process equivalent to such order, must
be sent with the demand. The character and gravity of the
imputed acts and the dispositions of the penal laws, relative to
the^case, must also be stated The documents sent with the de-
mand must be originals or certified copies, legally authorized
by the tribunals, or by a competent person. If possible, a de-
scription of the person sought to be extradited should be sent,
or other proof toward his identity

If the person accused is not a citizen of either of the coun-
tries the one granting the requisition will inform the Govern-
ment of the country to which the accused or condemned be-
longs, of the demand made, and if the last named Government
reclaims the individual on its own account for trial in its own
tribunals, the Government on which the demand was made
may, at will, deliver the criminal to the State in whose terri-
tories the crime was committed, or to that to which the crim-
inal belongs.

If an accused person is demanded under this treaty, and
also at the same time by some other Government, he shall be
delivered to the one charging the gravest offense, and when the
offenses are of a like nature and gravity, the delivery shall be
made to the Government making the first demand, and if the



136 HOW TO PROCEED.

dates be the same, then to the nation to which the criminal
may belong.

New Crime. If the person claimed is accused or sentenced
in the country where he may have taken refuge, for a crime or
misdemeanor committed in that country, his delivery may be
delayed until the definitive sentence releasing him be pronoun-
ced, or until such time as he may have complied with the pun-
ishment inflicted on him in the country where he took refuge.

In cases not admitting of delay, and especially in those
where there is danger of escape, each of the two Governments
authorized by the order for apprehension, may, by the most
expeditious means, ask and obtain the arrest of the person ac-
cused or sentenced, on condition of presenting the said order
for apprehension as soon as may be possible, not exceeding four
months.

Treaty continues in force until abrogated by mutual con-
sent, and the party desiring to withdraw must give twelve
months' notice to the other of such desire.

This treaty provides for the delivery of persons charged
with these crimes, whether as principals, accessories or accom-
plices.

XXVI. ORANGE FREE STATE, DECEMBER 22, 1 87 1.

Crimes. 1. Murder (including assassination, parricide, in-
fanticide and poisoning). 2. Attempt to commit murder. 3.
Rape. 4. Forgery, or the emission of forged papers. 5. Ar-
son. 6. Robbery with violence, intimidation or forcible entry
of an inhabited house. 7. Piracy. 8. Embezzlement by pub-
lic officers, or by persons hired or salaried, to the detriment of
their employers, when these crimes are subject to infamous
punishment.

Surrender is made by the executives.

Political offenses are excluded.



EXTRADITION TREATIES. 1 37

Offenses committed before the date of the treaty are ex-
cluded.

Treaty was concluded for ten years from date of ratification,
and then indefinitely from year to year, each party having the
privilege to withdraw by giving to the other twelve months'
notice of a desire to do so.

XXVII. ECUADOR, JUNE 28, l8j2.

Crimes. i. Murder, including assassination, parricide, in-
fanticide and poisoning. 2. Rape. 3. Arson. 4. Piracy and
mutiny on ship-board, when the crew or a part thereof, by
fraud or violence against the commanding officer, have taken
possession of the vessel. 5. Burglary, this being understood
as the act of breaking or forcing an entrance into another man's
house with intent to commit crime. 6. Robbery, this being
defined as the act of taking from the person of another, goods
or money with criminal intent, using violence or intimidation.
7. Forgery, which is understood to be the willful use or cir-
culation of forged papers or public documents. 8. Fabrica-
tion or circulation of counterfeit money, either coin or paper,
of public bonds, bank bills and securities, and, in general, of any
kind of titles to or instruments of credit, the counterfeiting of
stamps, dies, seals and marks of the State and of the admin-
istrative authorities and the sale or circulation thereof. 9. Em-
bezzlement of public property, committed within the jurisdic-
tion of either party, by public officers or depositaries.

Political offenses are exempt.

Crimes committed previously to the one for which the per-
son is extradited are also exempt.

New Crime. Extradition may be deferred until crime com-
mitted in country of refuge is atoned for.

Requisitions are made by the diplomatic agents, or, in their
absence, by superior consular officers.

Convicts may be extradited and in this case the requisition



138 HOW TO PROCEED.

must be accompanied by a copy of the sentence of the court
that has convicted him, authenticated under seal, and an attes-
tation of the official character of the judge who signed it,
made by the proper executive authority ; also by an authenti-
cation of the latter by the Minister or Consul of the United
States or Ecuador, respectively. When the fugitive is merely
charged with crime, a duly authenticated copy of the warrant
for his arrest in the country where the crime has been com-
mitted, and of any evidence in writing upon which such warrant
may have been issued, must accompany the requisition. The
executive may then order the arrest, in order that he may be
brought before the judicial authority, which is competent to
examine the question of extradition. If the evidence and law
show the case to be within the treaty the fugitive will be de-
livered.

The treaty was made for ten years from ratification, and in
case neither party gives to the other one year's notice of its in-
tention to terminate the same, it shall continue in force for an-
other ten years, and so on.

XXVIII. THE OTTOMAN EMPIRE, AUGUST II, 1 874.

Crimes. Persons shall be delivered up who shall have been
convicted of, or be charged, according to the provisions of this
convention, with any of the following crimes:

1, Murder, comprehending the crimes designated by the
terms of parricide, assassination, poisoning and infanticide.
2. The attempt to commit murder. 3. Rape. 4. Arson. 5.
Piracy and mutiny on board a ship, whenever the crew, or a
part thereof, by fraud or violence againt the commander, have
taken possession of the vessel. 6. Burglary, defined to be the
action of breaking and entering by night into the house of an-
other, with intent to commit felony. 7. Robbery, defined to
be the action of feloniously and forcibly taking from the per-
son of another, goods or money, by violence or putting him in



EXTRADITION TREATIES. 139

fear. 8. Forgery, by which is understood the utterance of
forged papers, the counterfeiting of public, sovereign or gov-
ernment acts. 9. Fabrication or circulation of counterfeit
money, either coin or paper, of public bonds, bank notes and
obligations, and, in general, of all things being titles and instru-
ments of credit, the counterfeiting of seals, dies, stamps and
marks of State and public administrations, and the utterance
thereof. 10. Embezzlement of public moneys, Committed
within the jurisdiction of either party, by public officers or de-
positors. 1 1 . Embezzlement by any person or persons, hired
or salaried, to the detriment of their employers, when these
crimes are subject to infamous punishment.

Political crimes are exempt.

Persons delivered up for one of the enumerated crimes
shall not be tried for any ordinary crime committed previously
to that for which he was extradited.

New Crime. Persons arrested or convicted of a crime in the
country in which he has sought refuge may not be surrendered
until he shall have been acquitted or have served out his term
of imprisonment to which he may have been sentenced.

Requisitions shall be made by the diplomatic agents, or, in
case of their absence, by superior consular officers. In case of
a convict 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 the Sublime Porte, respectively, shall accom-
pany the requisition.

When the fugitive is charged with crime only, a duly au-
thenticated copy of the warrant for his arrest, or of the deposi-
tions upon which such warrant was based, must accompany
the requisition. The executive may then issue a warrant for
the apprehension of the fugitive in order that he may be



I40 HOW TO PROCEED.

brought before the proper judicial authority for examination.
If the law and the evidence show the case to be within the
provisions of this treaty then he shall be surrendered.

Neither of the parties is obliged to deliver up its own
citizens.

The treaty was made for five years from exchange of ratifi-
cations, but if neither party gives to the other six months'
notice of its intention to terminate the treaty the convention
shall remain in force five years more and so on.

XXIX. SPAIN, JANUARY 5, 1 877.

Crimes. Persons charged with or convicted of any of the
following crimes shall be delivered up : 1. Murder, compre-
hending the crimes designated by the terms of parricide, assas-
sination, poisoning or infanticide. 2. Attempt to commit
murder. 3. Rape. 4. Arson. 5. Piracy or mutiny on board
ship when the crew or other persons on board, or part thereof,
have by fraud or violence against the commander, taken pos-
session of the vessel. 6. Burglary, defined to be the act of
breaking and entering into the house of another in the night
time with intent to commit a felony therein. 7. The act of
breaking and entering the offices of the Government and public
authorities, or offices of banks, banking-houses, savings banks,
trust and insurance companies, with intent to commit a felony
therein. 8. Robbery, defined to be the felonious and forcible tak-
ing from the person of another, goods or money, by violence or
putting him in fear. 9. Forgery, or the utterance of forged
papers. 10. Forgery or falsification of the official acts of the
Government or public authority, including courts of justice,
or the uttering or fraudulent use of any of the same. 1 1 . Fab-
rication of counterfeit money, whether coin or paper, counter-
feit titles or coupons of public debt, bank notes or other instru-
ments of public credit ; of counterfeit seals, stamps, dies and
marks of State or public administration, and the utterance,



EXTRADITION TREATIES. 141

circulation, or fraudulent use of any of the above mentioned
objects. 12. Embezzlement of public funds, committed within
the jurisdiction of one or the other party, by public officers or
depositaries. 13. Embezzlement by any person or persons,
hired or salaried, to the detriment of their employers, when
these crimes are subject to infamous punishment. 14. Kid-
naping, defined to be the detention of a person or persons in
order to exact money from them or for any other unlawful end.

Political offenses are not extraditable.

Persons surrendered by virtue of this treaty shall not be
tried or punished for any crime or offense other than that for
which they were extradited, unless it be one of the crimes
enumerated above and committed subsequent to the exchange
of ratifications, and no person shall be extradited for any crime
committed previous to the ratification of the treaty.

If from lapse of time or other lawful cause the criminal is
exempt from prosecution or punishment in the country in
which the crime was committed he shall not be surrendered.

New Crime. If the one accused be actually under prose-
cution, out on bail or in custody for a crime or offense com-
mitted in the country where he has sought asylum, or shall
have been convicted thereof, his extradition may be deferred
until such proceedings be determined, and until he shall have
been set at liberty in due course of law.

If the criminal fugitive, claimed by one of the parties to
this treaty, is also at the same time claimed by some other
nation under treaty with it, then he shall be delivered to the
one whose demand is the earliest in date.

Neither party is obliged to deliver up its own citizens or
subjects.

Everything found in the possession of the fugitive at the
time of his arrest which may be material as evidence in prov-
ing his crime shall, so far as practicable, be delivered up with



142 HOW TO PROCEED.

his person at the time of his surrender, but the rights of third
parties in regard to such articles shall be duly respected.

This treaty applies to all foreign or colonial possessions of
either of the contracting parties.

Requisitions shall be made by the respective diplomatic
agents, or if they are absent, or if extradition is sought from a
colonial possession, then by superior consular officers. Upon
their request a warrant of arrest is issued and the fugitive
brought before the court that the evidence of criminality may
be heard and considered. If the evidence be deemed sufficient
*%* the prisoner will be surrendered. If he is a convict the party
asking his surrender must present a copy of the sentence of
the court before which he was convicted, duly authenticated.
If he is merely charged with crime, a duly authenticated copy
of the warrant of arrest in the country where the crime was
committed, and of the depositions upon which it was issued,
shall be produced with such other proof as may be deemed
competent.

The treaty may be terminated at any time by either party
giving to the other six months' notice of a desire to withdraw.

XXX. THE NETHERLANDS, MAY 22, l88o.

Crimes. Persons shall be delivered up who shall have
been charged with, or convicted of, any of the following crimes: