Page:United States Statutes at Large Volume 43 Part 2.djvu/490

1838 EXTRADITION TREATY-—LlTHUANIA. Aran. 9, 1924. he has sought as lum, or shall have been convicted thereof, his extradition may b%+£f€¥P€(l·rHi1Cll‘SUClI proceedings be determined, and until he shall have been set at liberty in due course of law. v_ _ . . ARTICLE VII. 0n§§‘{§Q)']j¤,j}g;f¤°d "Y If a fugitive criminal claimed by one of the parties hereto, shall be also claimed by one or more powers pursuant to treaty provisions, on account of crimes committedyithin their jurisdiction, such_ criminal shall be delivered to that State whose demand is first received. ARTICLE VIII. deijgjgggogvvj-:¤;{fi>;eug1¤ .» Under the stipulations of this Treaty, neither of the High Con- ` tracting Parties shall be bound to deliver up its own citizens. ARTICLE IX. Expenses- The expense of arrest, detention, examination and transportation of the accused shall be paid by the Government which has preferred the demand for"extrad1tion. . V ARTICLE X. ‘ h<;*gigj*=*¤S i“EVery‘thiTig‘f61Ti1H"in'"fhe` pdssession of the fu itive criminal at the ` time of his arrest, whether being the proceeds of the crime or offense, ‘ or which may be material as evidence in making proof of the crime, shall so far as practicable, accordin to the laws of either of the High Contracti§ Parties, be delivered up with his person at the time of surrender. evertheless, the rights of.a third party,withi regard to the articles referred to, shall be duly respected. · r"ARTICLE ·XI. Territory mated. The stipulations of the mpresent Treaty shall be applicable to all territory wherever situat , belonging to either of t "e· High Contracting Parties or in the occupancy. and under the control of either of them, during such occupanc or control. aequamm. Requisitions for the surremller of fugitives from justice shall be made by the respective diplomatic agents of the High Contracting Parties. In the event of the absence o such agents from the country or its seat of Government, or where extradition is sought from territory included in the preceding paragraphs, other than the United States or Lithuania, requisitions may be made by superior consular P'°°""'"°· officers. It shall be comjifetent for such diplomatic or superior consular officers to ask and o tain a mandate or preliminary warrant of arrest for the person whose surrender is sought, whereupon the jludges and magistrates of the two Governments shall respectively ave power and authority, upon complaint made under oath or in any other judicially prescribed form to issue a warrant for the ag Erehension of the person charged, in order that he or she may_ rought before such `udgeeortma 'strate, that the evidence of cruninality maybe heard and consifelred and if, on_ such hearing, the evidence be deemed sufficient to sustain the char it shall be the duty of the examining judge or magistrate to certigilit to the proper executive authority, that a warrant may issue for the surrender of the fu `tive. » ` U¤’¤°¤* me In cgise of urgency, the application for arrest and detention may be addressed direct y to the competent magistrate in conform1ty to the statutes in force. -