Wilful désertion of minor or dépendent children

24. Extradition shall also take place for participation m any of the crimes before mentioned as an accessory before or after the fact; provided such participation be punishable by imprisonment .by the laws of both the High Contracting Parties.

The provisions of the présent Treaty shall not import a claim of extradition for any crime or offense of a political character, nor for acts connected with such crimes or offenses; and no person surrendered by or to either of the High Contracting Parties in virtue of this Treaty shall be tried or punished for a political crime or offense. When the offense charged comprises the act either of murder or assassination or of poisoning, either consummated or attempted, the fact that the offense was commited or attempted against the life of the Sovereign or Head of a foreign State or against the life of any member of his family, shall not be deemed sufficient to sustain that such crime or offense was of a political character; or was an act connected with crimes or offenses of a political character.

Article IV.

No person shall be tried for any crime or offense other than that for which he was surrendered.

Article V.

A fugitive criminal shall not be surrendered under the provisions hereof, when, from tapse of time or other lawful cause* according to the laws of the place within the jurisdiction of which the fugitive may be found, the criminal is exempt from prosecution or pjinishment for the offense for which the surrender is asked.

Article VI.

If a fugitive criminal whose surrender may be claimed pursuant to the stipulations hereof, be actually under prosecution, out on bail or in custody, for a crime or offense committed in the country where he has

310 Etats-Unis d'Amérique, Lettonie

90ught asylum, or sball hâve beeo convicted thereof, his extradition may be deferred until such proceediogs be determined, and until he shall bave been set at liberty in due course of law.

Article VII.

If a fugitive crimioal claimed by ooe of the parties hereto, shall be also claimed by ooe or more powers pursuant to treaty provisions, on accouot of crimes committed within their jurisdiction, such criminnl shall b* delivered to that State whose demand is first received.

Article VIII.

Under the stipulations of this Treaty, neither of the High Contracting Parties shall be bound to deliver up its own citizens.

Article EX

The expense of arrest, détention, examination and transportation 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 crimioal at the time of his arrest, wbether being the proceeds of the crime or offense, or which may be material as évidence 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 surrender. Nevertheless, the rights of a third party with regard to the articles referred to, shall be duly respected.

Article XI.

The stipulations of the présent Treaty shall be applicable to ail 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.

Réquisitions for the surrender of fugitives from justice shall be made by the respective diplomatie agents of the High Contracting Parties. In the event of the absence of such agents from the country or its seat of Government, or where extradition is sought from territory included in the preceding paragraphs, other than Latvia or the United States, réquisitions may be made by superior consular officers. It shall be compétent for such diplomatie or superior consular officers to ask and obtain a mandate or prelimioary warrant of arrest for the person whose surrender is sought, whereupon the judges and magistrates of the two Governments shall respectively hâve power and authority, upon complaint made under oath, to issue a warrant for the appréhension of the person charged, in order that he or she may be brought before such judge or magistrate, that the évidence of criminality may be heard and considered and if, on such hearing, the évidence be deemed suffîcient to sustain the charge, it shall be the duty

Extradition. 311

of the axamining judge or magistrate to certify it to the proper executive authority, that a warrant may issue for the surrender of tbe fugitive.

In case of urgency, the application for arrest and détention may be addressed direct! y to tbe compétent magistrate in conformity to the statu tes in force.

The person provisionally arrested shall be released, unless within two moutlis from the date of arrest in Latvia, or from the date of corn mitment in the United States, the formai réquisition for surrender with the documentary proofs hereinafter prescribed be made as aforesaid by the diplomatie agent of the demanding Government or, in his absence, by a consular officer thereof.

If the fugitive criminal shall hâve been convicted of the crime for wbich his surrender is aked, a copy of the sentence of tbe court before which such conviction took place, duly authenticated, shall be produced. If, however, the fugitive is merely charged with crime, a duly authenticated copy of the warrant of arrest in tbe country wbere the crime was commited, and of the dépositions upon whicb such warrant may hâve been issued, shall be produced, with such other évidence or proof as may be deemed compétent in the case.

Article XII.

In every case of a request made by either of tbe High Contracting Parties for the arrest, détention or extradition of fugitive criminals, the appropriate légal officers of the country wbere the proceedings of extradition are had, shall assist the officers of the Government demanding the extradition before the respective judges and magistrates, by every légal means within their power; and no claim whatever for compensation for any of the services so rendered shall be made against the Government demanding the extradition; provided, however, that any officer or officers of the surrendering Government so giving assistance, who shall, in tbe usual course of their duty, receive no salary or compensation other than spécifie fées for services performed, shall be entitled to receive from the Government demanding the extradition the custoinary fées for the acts or services performed by them, in the same manner and to the same amount as thought such acts or services had been performed in ordinary criminal proceedings under the laws of the country of which they are officers.

Article XIII.

The présent Treaty shall be ratified by the High Contracting Parties in accordance with their respective constitutional methods and shall take effect on the date of the exchange of ratifications which shall take place at Riga as soon as possible.

Article XIV.

The présent Treaty shall remain in force for a period of ten years, and in case neither of the High Contracting Parties shall hâve given notice one year before the expiration of that period of its intention to terminate

312 Etats-Unis d'Amérique, Espagne.

the Treaty, it shall continue in force until the expiration of one year from the date on which such notice of termination shall be given by either of the High Contracting Parties.

In witness whereof the above-named Plenipotentiaries hâve signed the présent Treaty inti hâve hereunto affixed their seals.

Done in duplicate at Riga this sixteenth day of October, nineteen hundred and twenty-three.

[Seal.] F. W. B. Coleman.

[Seal.] G. Albat,