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When the person whose extradition is asked has been sentenced for the offense which occasioned the demand for extradition, such demand shall be accompanied by a certified copy of the sentence pronounced; if the person demanded is merely charged with an offense, the demand shall be accompanied by a duly certified copy of the warrant of arrest issued by the competent magistrate of the country in which the offense was committed, and by certified copies of the depositions or other evidence upon the basis of which the warrant was issued. These documents shall contain an accurate statement of the offense charged, of the place where and the time when it was committed. They shall be accompanied by a certified copy of the provisions of law applicable to the offenses charged, as shown by statute or judicial decision, and by the evidence necessary to establish the identity of the person demanded.
The extradition procedure shall be governed by the regulations in force at the time of the demand, in the State upon which the demand is made.
When it is desired to procure the arrest of a fugitive, by telegraph or otherwise, before the regular papers have been presented, the procedure in the United States shall be to apply to a Judge or Magistrate authorized to issue warrants of arrest in extradition cases, and to present a complaint on oath, as provided by the laws of the United States.
To procure the provisional arrest of a fugitive in Switzerland, the diplomatic representative or a consular agent of the United States shall apply to the President of the Confederation who will order the necessary steps to be taken.
The provisional detention of a fugitive shall cease, and the person arrested shall be released, if a formal demand for extradition, accompanied by the necessary papers, is not presented, in the manner provided in the present Treaty, within two months after the day of arrest.
Extradition shall not be granted for political crimes or offenses. No person surrendered under the present Treaty, for a common crime, shall be prosecuted or punished for a political offense committed before his extradition.
If the question arises in a particular case, whether the offense committed is or is not of a political character, the Authorities of the State upon which the demand is made shall decide.
Extradition shall not be granted when, under the laws of the State upon which the requisition is made, or under those of the State making the requisition, the criminal prosecution or penalty imposed is barred by limitation.
No person surrendered by either of the Contracting States to the other shall be prosecuted or punished for any offense committed before the demand for extradition, other than that for which the extradition
is granted, unless he expressly consents to it in open Court, which consent shall be entered upon the record, or unless, having been at liberty during one month after his final release to leave the territory of the State making the demand, he has failed to make use of such liberty.
The State to which a person has been surrendered shall not surrender him to a third State, unless the provisions contained in the first paragraph of the present Article have been fulfilled.
When the person whose extradition is demanded is prosecuted, or has been convicted, in the State of refuge, for another offense, the extradition may be postponed until the close of the criminal prosecution or the expiration of the penalty.
If the extradition of the person demanded by either of the two contracting States is likewise demanded by one or more other States, for offenses committed by the said person in the territory, preference shall be given to the State whose requisition is based upon the most serious offense, unless the State upon which the requisition is made is bound by Treaty to give preference to another.
If the offenses are of equal gravity, the demand first presented shall have preference, unless the State upon which the requisition is made is bound by Treaty to give preference to another State.
All articles seized which are in the possession of the person demanded, at the time of his arrest, shall, at the time of the extradition be delivered up with his person, and such delivery shall extend, not only to articles acquired by means of the offense with which the accused is charged, but to all other articles that may serve to prove the offense.
The rights of third parties to the articles in question shall, however, be duly respected.
The expenses incurred in the arrest, detention, examination and surrender of the fugitive shall oe borne by the State making the demand. The State making the demand shall not, however, be charged for the services of such officials of the Government upon which the demand is made, as receive a fixed salary; for the services of officials receiving only fees, no higher fees shall be charged than those to which such officials are entitled under the laws of the country for services rendered in ordinary criminal cases.
The present treaty shall go into effect thirty days after the exchange of ratifications. This Treaty repeals Articles XIII, XIV, XV, XVI and XVII of the Treaty of November 25, 1850, between the Swiss Confederation and the United States of America; and the provisions in those Articles shall henceforward apply only to demands for extradition pending at the time when the present Treaty goes into effect.
The ratifications shall be exchanged at Washington as soon as pos sible. After the denunciation of this Treaty by either of the Contracting Governments, the Treaty shall still remain in force for six months after the day of the denunciation.
In witness whereof, the respective Plenipotentiaries have signed the foregoing Articles, and have affixed their seals.
Done in duplicate at Washington, in the English and French languages, the 14th day of May 1900.
JOHN HAY [SEAL.
The admission of Texas into the United States, December 29, 1845, rendered the treaties concluded in 1838, obsolete.
Concluded April 11, 1838; ratification advised by the Senate June 13,
1838; ratified by the President June 21, 1838; ratifications exchanged July 6, 1838; proclaimed July 6, 1838. (Treaties and Conventions,
By this treaty Texas agreed to pay $11,750 in settlement of claims of citizens of the United States for the capture of the brigs Pocket and Durango, and other injuries.
Concluded April 25, 1838; ratification advised by the Senate May 10,
1838; ratified by the President October 4, 1838; ratifications exchanged October 12, 1838; proclaimed October 13, 1838. (Treaties and Conventions, 1889, p. 1079.)
This treaty provided for a commission to survey and mark the boundary between the United States and Texas.
TREATY OF AMITY, COMMERCE, AND NAVIGATION.
Concluded October 2, 1886; ratification advised by the Senate, with
amendment, January 19, 1888; ratified by the President February 7, 1888; ratifications exchanged August 1, 1888; proclaimed September 18, 1888. (Treaties and Conventions, 1889, p. 1205.)
VIII. Whaling and fishing ships.
X. Deserters from ships. IV. Commerce and navigation: im- XI. Consular officers. ports.
XII. Consular jurisdiction. V. Shipping charges.
XIII. Religious freedom. VI. Coaling station in Tonga.
XIV. Duration. VII. Privileges to steam mail ships. XV. Ratification.
The United States of America, and the King of Tonga, mutually desirous of maintaining and strengthening their relations and interests; have resolved to conclude a treaty of amity, commerce and navigation; and to this end have empowered as their representatives: The President of the United States; George H. Bates, Special Commissioner of the United States to Tonga; And His Majesty, the King of Tonga; The Reverend Shirley Waldemar Baker, Premier of the Kingdom of Tonga; Who, after producing to each other their respective powers, have agreed upon the following Articles:
There shall be perpetual peace and ainity between the United States of America and the King of Tonga, his heirs and his successors.
The citizens of the United States shall always enjoy, in the dominions of the King of Tonga, and Tongan subjects shall always enjoy in the United States, whatever rights, privileges and immunities are now accorded to citizens or subjects of the most-favored nation; and no rights, privileges or immunities shall be granted hereafter to any foreign state or to the citizens or subjects of any foreign state by either of the High Contracting Parties, which shall not be also equally and unconditionally granted by the same to the other High Contracting Party, its citizens or subjects; it being understood that the Parties hereto affirm the principle of the law of nations that no privi. lege granted for equivalent or on account of propinquity or other special conditions comes under the stipulations herein contained as to favored nations.