1. Murder, comprehending the crimes of assassination, parri-
cide, infanticide and poisoning. 2. The attempt to commit
murder. 3. Rape. 4. Arson. 5. Burglary, or the correspond-
ing crime in the Netherlands law under the description of
thefts committed in an inhabited house by night, and by
breaking in, by climbing or forcibly. 6. Breaking into and
entering public offices, or the offices of banks, banking-houses,
savings banks, trust companies, or insurance companies, with
intent to commit theft therein, and also the thefts resulting
from such act. 7. Robbery, or the corresponding crime pun-
EXTRADITION TREATIES. 1 43
ished in the Netherlands law under the description of theft
committed with violence or by means of threats. 8. Forgery,
or the utterance of forged papers, including the forgery or fal-
sification of official acts of the government or public authority
or courts of justice affecting the title or claim to money or
property. 9. Counterfeiting, falsifying, or altering of money,
whether coin or paper, or of bank notes, or instruments of
debt created by National, State or Municipal Governments, or
coupons thereof, or of seals, stamps, dies or marks of State,
or the utterance or circulation of the same. 10. Embezzle-
ment by public officers charged with the custody or receipt of
public funds. 11. Embezzlement by any person or persons
hired or salaried, to the detriment of their employers, where
the offense is subject to punishment by the law of the Nether-
lands as abus de confiance, if extradition is demanded by the
United States, or is subject to punishment as a crime in the
United States, if extradition is demanded by the Netherlands.
Political offenses are exempt, and all acts connected with
such crimes or offenses. No person having been extradited
under this treaty shall afterward be tried for any political of-
fense committed prior to his extradition. Crimes committed
before ratification of treaty are exempt. A person shall not be
punished or tried for any crime other than the one for which
he was extradited, unless it be one of the crimes enumerated
above, and committed subsequent to the exchange of ratifi-
cation.
A fugitive criminal, exempt from prosecution or punish-
ment by lapse of time or otherwise, in the country demanding
his surrender, shall not be delivered up ; nor in case his ex-
tradition is asked for the same crime for which he has been
tried, convicted or acquitted in that country, or so long as he
is under prosecution for the same.
New Crime. If fugitive has committed a new crime in the
m
144 HOW TO PROCEED.
country in which he has taken refuge, the surrender may be
deferred until he is duly set at liberty from that offense.
If two or more demands are made at the same time, for the
same fugitive, the one shall be given the preference which is
earliest in date.
Citizens are not delivered up by either party.
Everything found in possession of the criminal at the time
of his arrest, which may be valuable as evidence in proving
the crime, shall so far as is practicable, duly respecting the
rights of third parties interested, be delivered up with his per-
son at the time of surrender.
Requisitions shall be made by the diplomatic agents of the
parties, or if they be absent, by consular officers.
Convicts. If the fugitive has been convicted of a crime, a
copy of the sentence of the court in which he may have been
convicted, authenticated under its seal and accompanied by an
attestation of the official character of the judge by the proper
authority, shall be furnished.
If the fugitive is only charged with crime, a duly authenti-
cated copy of the warrant of arrest in the country where the
crime was committed, and of the depositions upon which such
warrant was issued, shall be produced, authenticated as above
provided, with such other evidence as may be deemed compe-
tent in the case.
The treaty took effect on the twentieth day after its pro-
mulgation, and continues until either party shall terminate it
by giving to the other six months' notice.
XXXI. BELGIUM, JUNE 1 3, 1 882.
Crimes. Persons shall be delivered up who shall be convict-
ed of or charged with any of the following crimes : 1 . Murder,
comprehending the crimes designated in the Belgian Penal Code
by the terms parricide, assassination, poisoning and infanticide.
2. Attempt to commit murder. 3. Rape, or attempt to com-
EXTRADITION TREATIES. 1 45
mit rape. 4. Bigamy. 5. Abortion. 6. Arson. 7. Piracy,
or mutiny on shipboard whenever the crew, or part thereof,
shall have taken possession of the vessel by fraud or by vio-
lence against the commander. 8. Burglary, defined to be the
act of breaking and entering by night into the house of an-
other, with the intent to commit felony. 9. Robbery, defined
to be the act of feloniously and forcibly taking from the per-
son of another money or goods by violence, or putting him in
fear ; and the corresponding crimes punished by Belgian laws,
under the description of thefts committed in an inhabited
house by night, and by breaking in by climbing or forcibly,
and thefts committed with violence or by means of threats. 10.
Forgery, by which is understood the utterance of forged pa-
pers, and also the counterfeiting of public, sovereign, or gov-
ernmental acts. 11. Fabrication or circulation of counterfeit
money, either coin or paper, or of counterfeit public bonds,
coupons of the public debt, bank notes, obligations, or, in gen-
eral, anything being a title or instrument of credit ; the coun-
terfeiting of seals and dies, impressions, stamps, marks of
State and public administrations, and the utterance thereof.
12. Embezzlement of public moneys, committed within the
jurisdiction of either party by public officers and depositaries.
13. Embezzlement by any person, or persons, hired or salaried
to the detriment of their employers, when the crime is subject
to punishment by the laws of the place where it was commit-
ted. 14. Willful and unlawful destruction, or obstruction, of
railroads, which endangers human life. 15. Reception of arti-
cles obtained by means of one of the crimes or offenses pro-
vided for by this treaty.
Extradition may also be granted for the attempt to commit
any of the crimes above enumerated when such attempt is
punishable by the laws of both contracting parties.
A person surrendered under this convention shall not be
I46 HOW TO PROCEED.
tried or punished in the country to which his extradition has
been granted, nor given up to a third power for a crime or of-
fense, not provided for by the present convention and commit-
ted previously to his extradition, until he shall have been al-
lowed one month to leave the country after having been dis-
charged ; and, if he shall have been tried and condemned to
punishment, he shall be allowed one month after having suf-
fered his penalty, or having been pardoned.
He shall moreover not be tried or punished for any crime
or offense provided for by this convention committed previous
to his extradition, other than that which gave rise to the extra-
dition, without the consent of the Government which surren-
dered him.
The consent of that Government shall likewise be required
for the extradition of the accused to a third country, unless the
accused himself shall ask of his own accord to be tried or to
undergo his punishment, or when he shall not have left within
the space of time above specified the territory of the country to
which he has been surrendered.
Political offenses are exempt ; also offenses connected there-
with. When a person has been extradited under this treaty
he shall in no case be prosecuted and punished in the State to
which he was extradited on account of a political crime com-
mitted by him previous to such extradition, or on account of
an act connected with such political crime unless he has been
at liberty to leave the country for one month after having been
tried, and in case of condemnation, for one month after having
suffered his punishment, or having been pardoned.
An attempt against the life of the head of a foreign Gov-
ernment, or against that of any member of his family, when
such attempt comprises the act either of murder, or assassina-
tion, or of poisoning, shall not be considered a political of-
fense, or an act connected with such an offense.
EXTRADITION TREATIES. 147
Citizens are not surrendered by either party.
New Crime. As in other treaties the fugitive is retained
until the new crime is atoned for, or he is acquitted.
Requisitions shall be made by the diplomatic agents of the
contracting parties, or, in the event of their absence, by supe-
rior consular officers.
If the fugitive is a convict, a copy of the sentence of the
court in which he was convicted under its seal, and 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 Belgium, respectively, shall accompany the
requisition. When the fugitive is only charged with crime, a
duly authenticated copy of the warrant for his arrest in the
country where the crime was committed, and of the deposi-
tions upon which such warrant was issued, must accompany
the requisition as aforesaid.
The executives issue the warrant for the apprehension of
the fugitive, and he is brought before the proper judicial
tribunal, and if decided that, according to the law and evi-
dence, the extradition is due pursuant to the treaty, the fugi-
tive may be given up.
When proceedings are barred against the fugitive by limit-
ation of time or otherwise, extradition shall not be granted.
Articles found in possession of accused and obtained
through the commission of the acts with which he is charged,
or that may be used as evidence of the crime for which his ex-
tradition is demanded, shall be seized, if the competent au-
thority shall so order, and shall be surrendered with his person.
But the rights of third parties in such articles shall be re-
spected.
Treaty took effect thirty days after exchange of ratifications
and continues until either party shall give to the other six
months' notice of a desire to withdraw.
This treaty superseded the one of March 19, 1874.
148 HOW TO PROCEED.
XXXII. SPAIN (SUPPLEMENTARY), AUGUST J, 1 882.
Paragraph 5 of article 11., of the treaty of Jan. 5, 1877, re-
lating to piracy or mutiny is abrogated and the following sub-
stituted :
5. Crimes committed at sea :
(a.) Piracy as commonly known and defined by the law of
nations.
(6.) Destruction or loss of a vessel caused intentionally, or
conspiracy and attempt to bring about such destruction or
loss, when committed by any person or persons on board of
said vessel, on the high seas.
(c.) Mutiny or conspiracy by two or more members of the
crew or other persons on board of a vessel on the high seas, for
the purpose of rebelling against the authority of the captain or
commander of such vessel, or by fraud or violence, taking
possession of such vessel.
Paragraph 12, of said article, is amended to read as follows:
12. The embezzlement or criminal malversation of public
funds, committed within the jurisdiction of one or the other
party, by public officers or depositaries.
Paragraph 13, of the same article is amended to read as
follows :
13. Embezzlement by any person or persons hired, salaried
or employed, to the detriment of their employers or principals,
when the crime or offense is punishable by imprisonment or
other corporal punishment by the laws of both countries.
Paragraph 1 4, of said article, is amended to read as follows :
14. Kidnaping of minors or adults, defined to be the abduc-
tion or detention of a person or persons, in order to exact
money from them or from their families, or for any other un-
lawful end.
In continuation and as forming a part of said article, relat-
ing to crimes, shall be added the following paragraphs;
EXTRADITION TREATIES. 149
15. Obtaining by threats of injury or false devices, money,
valuables, or other personal property, and the purchase of the
same with the knowledge that they have been so obtained,
when the crimes or offenses are punishable by imprisonment
or other corporal punishment by the laws of both countries.
16. Larceny, defined to be the theft of effects, personal
property or money, of the value of twenty-five dollars or more.
17. Slave-trade, according to the laws of each of the two
countries, respectively.
18. Complicity in any of the crimes or offenses enumerated
in the convention of January 15, 1877, as well as in these ad-
ditional articles, provided that the persons charged w T ith such
complicity be subject as accessories to imprisonment or other
corporal punishment by the laws of both countries.
The following provisions were also added:
When the fugitive is arrested and brought before the ex-
amining court, if it shall appear that the warrant for his arrest
was issued upon a request sent by telegraph, the judge or mag-
istrate may at his discretion hold the accused for a period not
exceeding twenty-five days, that legal evidence of his guilt
may be furnished and laid before the examining court; and if at
the end of twenty-five days such evidence is not produced, the
person arrested shall be released, provided that the examina-
tion of the charges preferred against the accused shall not be
actually going on.
In every case of request for extradition under the treaty of
January 5, 1877, and of these additional articles, the legal offi-
cers or fiscal ministry of the country where the proceedings
are had shall assist the officers of the Government demanding
the extradition, before the respective judges and magistrates,
by every legal means within their or its power; and no claim
whatever for compensation shall be made against the Govern-
ment demanding extradition, except in case of those officers
150 HOW TO PROCEED.
who are paid by special fees for their services, and they shall
be entitled to receive from the Government demanding the
surrender the customary fees for the services performed by
them, according to the rule or law of compensation for such
services in the country of which they are officers.
All the provisions of the aforesaid convention of January
5, 1877, not abrogated by this supplementary treaty, apply to
these articles with the same force as to the said original con-
vention.
XXXIII. GRAND DUCHY OF LUXEMBURG, OCT. 29, 1 883.
Crimes. Persons shall be delivered up who shall be con-
victed of or charged with any of the following crimes: 1.
Murder, including parricide, assassination, poisoning and in-
fanticide. 2. Attempt to commit murder. 3. Rape, or attempt
to commit rape. 4. Bigamy. 5. Abortion. 6. Arson. 7.
Piracy or mutiny on shipboard, whenever the crew, or a part
thereof, shall have taken possession of the vessel by fraud or
violence against the commander. 8. Burglary, defined to be
the act of breaking and entering by night into the house of an-
other with intent to commit felony. 9. Robbery, defined to be
the act of feloniously and forcibly taking from the person of
another money or goods, by violence or putting him in fear,
and the corresponding crimes punished by the laws of Luxem-
burg under the description of thefts committed in an inhabited
house by night, and by breaking in by climbing or forcibly,
and thefts committed with violence or by means of threats.
10. Forgery, by which is understood the utterance of forged
paper, and also the counterfeiting of public, sovereign or gov-
ernmental acts. 1 1 . Fabrication or circulation of counterfeit
money, either coin or paper, or of counterfeit public bonds,
coupons of the public debt, bank notes, obligations, or, in
general, any thing being a title or instrument of credit; the
counterfeiting of seals and dies, impressions, stamps and marks
EXTRADITION TREATIES. 151
of State and public administration, and the utterance thereof.
12. Embezzlement of public moneys committed within the
jurisdiction of either party by public officers or depositaries.
13. Embezzlement by any person or persons hired or salaried,
to the detriment of their employers, when the crime is subject
to punishment by the laws of the place where it was commit-
ted. 14. Willful and unlawful destruction or obstruction of
railroads, which endangers human life.
Reception of articles obtained by means of one of the
crimes or offenses provided for by the present convention.
Extradition may also be granted for the attempt to commit
any of the crimes above enumerated when such attempt is
punishable by the laws of both contracting parties.
A person surrendered under this convention shall not be
tried or punished or given up to a third power for a crime or
offense, not provided for by the present convention and com-
mitted previously to his extradition, until he shalj have been
allowed one month to leave the country after being discharged
or one month after suffering his penalty or being pardoned.
He may be tried or punished for any crime or offense pro-
vided for by this convention committed previous to his extra-
dition, other than that for which he was extradited, and notice
of the purpose to so try him, with specifications of the offense
charged, shall be given the Government which surrendered
him, which may demand the same papers and proofs as in a
case of ordinary extradition under this treaty.
The consent of that Government shall likewise be required
for the extradition of the accused to a third country unless the
accused shill ask of his own accord to be tried or to undergo
his punishment, or unless he shall not have left the country
within the space of time specified above.
Political offenses are exempt.
A person extradited for any of the enumerated offenses
152 HOW TO PROCEED.
shall not be subsequently tried or punished for any political
offense committed previously to his extradition, or on account
of any act connected with such political offense, unless he has
been at liberty to leave the country for one month after hav-
ing been tried, and if convicted, for one month after expiration
of sentence or pardon.
An attempt against the life of the head of a foreign Gov-
ernment, or against that of any member of his family when
such an attempt comprises the act either of murder, or assas-
sination, or of poisoning, shall not be considered a political of-
fense or an act connected with such an offense.
Citizens are not delivered up by either party.
New Crime. Same as Belgium.
Requisitio7i shall be made through the respective diplomatic
channels, or, in their absence, by the superior consular officers.
If the fugitive is a convict, a copy of the sentence of the
court in which he was convicted, authenticated under its seal,
and 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 Luxemburg, must accom-
pany the requisition. If the fugitive is merely accused of crime,
a duly authenticated copy of the warrant for his arrest, and of
the depositions upon which such warrant was issued, must ac-
company the requisition.
The executives issue the warrants for apprehension and if
upon examination before the proper tribunal the case is found
to be within the provisions of the treaty the surrender will be
made.
If proceedings have been barred in the country where crime
was committed by lapse of time or for other cause, extradition
will not be granted. Articles found in possession of accused
party and obtained through commissions of crime charged, or
that may be used as evidence to prove said crime, shall be
EXTRADITION TREATIES. 153
seized and surrendered with his person; but the rights of third
persons interested in them shall be respected.
Treaty took effect thirty days after ratification and con-
tinues until terminated by either party giving to the other six
months' notice of a desire to do so.
XXXIV. JAPAN, APRIL 29, 1 886.
Crimes. Persons accused or convicted of one of the crimes or
offenses named below, committed in the jurisdiction of one and
found in the jurisdiction of the other, shall be delivered up. 1.
Murder, and assault with intent to commit murder. 2. Counter-
feiting or altering money, or uttering or bringing into circula-
tion counterfeit or altered money; counterfeiting certificates or
coupons of public indebtedness, bank notes, or other instru-
ments of public credit of either of the parties, and the utter-
ance or circulation of the, same. 3. Forgery, or altering and
uttering what is forged or altered. 4. Embezzlement or crim-
inal malversation of the public funds, committed within the
jurisdiction of either party, by public officers or depositaries.
5. Robbery. 6. Burglary, defined to be the breaking and en-
tering 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 night-
time, 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 the banks,
banking-houses, savings-banks, trust companies, insurance or
other companies, with intent to commit a felony therein. 8.
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, trains, vessels, bridges, dwellings,
public edifices, or other buildings, when the act endangers
human life.
154 HOW TO PROCEED.
If the person demanded be held for trial in the country on
which the demand is made, the latter may, at its option, deliv-
er him up or proceed with trial, but unless the said trial shall
be for the same crime for which he is demanded, the delay
shall not prevent ultimate extradition.
Political offenses are exempt.
Persons surrendered for an extraditable crime shall not
then be tried or punished for a political offense committed pri-
or to his extradition, nor for any offense other than that in re
spect of which the extradition is granted.
Requisition is made through the diplomatic agents, or in
their absence, by superior consular officers.
If the fugitive is 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 of Japan, shall accompany the
requisition. If he is merely charged with crime, a duly au-
thenticated copy of the warrant of arrest and of the depositions
upon which such warrant was issued, must accompany the
requisition.
On being informed by telegraph or other written commu-
nication through a 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
above enumerated crimes, and on being assured that a request
for the surrender of such criminal is about to be made, each
Government will endeavor to procure so far as it lawfully may
the provisional arrest of such criminal and keep him in safe
custody for a reasonable time, not to exceed two months, to
await the production of the documents upon which the claim
for extradition is founded.
Neither party delivers up its own citizens.
EXTRADITION TREATIES. 1 55
Treaty went into force sixty days after ratification and may
be terminated at any time by either party giving to the other
six months' notice of a desire to do so.
XXXV. NORTH GERMAN CONFEDERATION, FEB. 22, 1 868.
This treaty is denominated a "Convention relative 'to
Naturalization," but the third Article refers to extradition and
is as follows:
"The convention for the mutual delivery of criminals, fugi-
tives from justice, in certain cases, concluded between the
United States on the one part and Prussia and other States of
Germany on the other part, the sixteenth day of June, one
thousand eight hundred and fifty-two, is hereby extended to all
the States of the North German Confederation."
This completes the list of extradition treaties now in force
between the United States and foreign countries. It will be
seen that almost the whole civilized world is covered by these
treaties. It will be observed that these conventions grow in
the number of crimes made extraditable, and in the elaboration