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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 941

 &ER VIA 941 
 If any questions shall arise as to whether a case comes within the provisions
of this article, the decision of the authorities of the Government on which
the demand for surrender is made, or which may have granted the extradition,
shall be final. 
 Extradition shall not be granted, in pursuance of the provisions of this
Treaty, if legal proceedings or the enforcement. of the penalty for the act
committed by the person claimed has become barred by limitation, according
to the laws of the country to which the requisition is addressed. 
 No person surrendered by either of the high contracting parties to the other
shall, without his consent, freely granted and publicly declared by him,
be triable or tried or be punished for any crime or offense committed prior
to his extradition, other thaim that for which he ~s delivered up, until
he shall have had an opportunity of returning to the country from which he
was surrendered. 
 All articles seized which are in the possession of the person to be surrendered
at the time of his apprehension, whether being the proceeds of the crime
or offense charged, or being material as evidence in imiaking proof of the
crime or offense, shall, so far as practicable and in conformity with the
laws of the respective countries, he given up to the Country making the demand,
when the extradition takes place. Nevertheless, the rights of third parties
with regard to such articles shall be duly respected. 
 If the individual claimed by one of the high contracting parties, in pursuance
of the present Treaty, shall also be claimed by one or several other powers
on account of crimes or offenses committed within their respective jurisdictions,
his extradition shall be granted to the State whose demand is first received:
Provided, that the Governnient from which extradition is sought is not bound
by treaty to give preference otherwise. 
 The expenses incurred in the arrest, detention, examination, and delivery
of fugitivesunder this Treaty shall be borne by the State in whose name the
extradition is sought: Provided, that the demanding Government shall not
be compelled to bear any expense for the services of such public officers
of the Government from which extradition is sought as received a fixed salary;
and, provided, that the charge for the services of such public officers as
receive only fees or perquisites shall not exceed their customary fees for
the acts or services performed by them had such acts or services been performed
in ordinary criminal proceedings under the laws of the country of which they
are officers. 

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