Page:United States Statutes at Large Volume 43 Part 2.djvu/541

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EXTRADITION 'l`Rl£.*\TY—}¥lI[A}i\RIA. ltiimen 19, 1924. 1889 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. xarionn viii. * If a .fugitive criminal claimed by one of the parties hereto, shall ¤¤ii$fi»i»sn€?a?»§ii°°°1 by be also claimed by one or more powers pursuant to treaty provisions, ‘ on account of crimes committed within their jurisdiction, such criminal shall be delivered to that State whose demand is first received. ARTICLE VIII. Under the stipulations of this Treaty, neither of the High Con- uehi$Zilii§o$¤°ii1Z1iiileii¤(i tracting Parties shall be bound to deliver up its own citizens. ARTICLE IX. The expense of arrest, detention, examination and transportation E“’°"°“‘ of the accused shall be paid by the Government which has preferred the demand for extradition. ARTICLE X. Everything found in the possession of the fugitive criminal at the s6fZ$ti"»i»iiilrirfii;ifiii$i°i°s time of 11is 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, according to the laws of either of-the High Contracting Parties, be delivered up with his person at the time of snrrende1·. Nevertheless, the rights of a third party with regard to the articles referred to, shall be duly respected. ARTICLE XI. The stipulations of the present Treaty shall be applicableio all 1°""°'y"m"°°° territory wherever situated, belonging to either of the High Contracting Parties or in the occupancy and under the control of either - of them, during such occupancy or control. . _ _ Requisitions for the surrender of fugitives from just-ice shall be R*"*“"““°"“· made by the respective diplomatic agents of the High Contracting Parties. In the event of the absence of such agent 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.Bulgaria, requisitions may be made by superior\consular officers. It shall be competent for such diplomatic or superior, con- P"°°°°“’°‘ sular officers to ask and obtaizta mandate=m· preliminary warrant. of arrest for the person whose surrender is sought, whereupon the judges and magistrates of the two Governments shall respectively harp power and authority, upon complaint made under oath, to issue a warrant for the apprehension of the person charged, in order that he or she may be brought before such judge or magistrate, that the evidence of criminality ma be heard and considered and if, on such' hearing, the evidence be dleemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify it to the proper executive authority,‘that a warrant may issue for the surrender of the fugitive. In case of urgency, the application for arrest and detention may U'“°'"°"`“S‘ be addressed directly to the competent. magistrate in conformity to the statutes in force. .