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United States Department of State / Papers relating to the foreign relations of the United States, with the annual message of the president transmitted to Congress December 2, 1902

Servia,   pp. 938-942 PDF (313.3 KB)

Page 940

and offenses mentioned in this Treaty, provided such participation may be
punished in the United States as felony and in Servia as crime or offense
as before specified. 
 Requisitions for the surrender of fugitives from justice shall be made by
the Governments of the high contracting parties through their diplomatic
agents, or in the absence of such through their respective superior consular
 If the person whose extradition is requested shall have been convicted of
a crime or offense, a duly authenticated copy of the sentence of the Court
in which he has been convicted, or if the fugitive is merely charged with
crime, a duly authenticated copy of the warrant of arrest in the country
where the crime has been committed, and of the depositions or other evidence
upon which such warrant was issued, shall be produced. 
 The extradition of fugitives under the provisions of this Treaty shall be
carried out in the United States and in Servia, respectively, in conformity
with the laws regulating extradition for the time being in force in the State
on which the demand for surrender is made. 
 Where the arrest and detention of a fugitive in the United States are desired
on telegraphic or other information in advance of the presentation of formal
proofs, complaint on oath, as provided by the statutes of the United States,
shall be made by an agent of the Government of Servia before a judge or other
magistrate authorized to issue warrants of arrest in extradition cases. 
 In the Kingdom of Servia the diplomatic or consular officer of the United
States shall apply to the Foreign Office, which will immediately cause the
necessary steps to be taken in order to secure the provisional arrest and
detention of the fugitive. 
 The provisional detention of a fugitive shall cease and the prisoner be
released if a formal requisition for his surrender, accompanied by the necessary
evidence of criminality, has not been produced under the stipulations of
this Treaty, within two months from the date of his provisional arrest and
 Neither of the high contracting parties shall he bound to deliver up 
its own citizens or subjects under the stipulations of this Ti~eaty. 
 A fugitive criminal shall not be surrendered if the offense in respect of
which his surrender is demanded be of a political character, or if he proves
that the requisition for his surrender has, in fact, been made with a view
to try or punish him for an offense of a political character. 
 No person surrendered by either of the high contracting parties to the other
shall be triable or tried, or be punished, for any political crime or offense,
or for any act connected therewith, committed previously to his extradition.

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