Crimes against Bankruptcy Law

19. Any malicious act donc with intent to endanger persons in a railway train.

20. Malicious injury to property, if such off'ence be indictable.

21. Crimes committed at sea: — (a.) Piraoy by the law of nations.

ExlradUion. 733

(b), Sinking or destroying a vessel ai sea, or attempting or conspiring to do BO.

(c) Revoit, or conspiracy to revoit, by two or more persons on board a ship on ihe high seas againet the authoritj of the master.

(d.) Assanlt on board a ship on the high seas with intent to destroy life, or to do grievons bodily harm.

22. Dealing in slaves in snch manner as to constitnte an offence against the laws of both coontries.

The extradition is also to take place for participation in any of the aforesaid crimes as an accessory before or after the fact, provided snch participation be punishable by the laws of both Contracting Parties.

Art. III. No Salvadorian shall be delivered up by the Government of Salvador to the Government of the United Kingdom, and no subject of the United Eingdom shall be delivered up by the Government thereof to the Government of Salvador.

Art. IV. The extradition shall not take place if the person claimed on the part of the Government of the United Kingdom, or the person claimed on the part of the Government of Salvador, has already been tried and discharged or punished , or is still nnder trial in the terri tory of Salvador or in the United Kingdom respectively for the crime for which his extradition is demanded.

If the person claimed on the part of the Government of the United Eingdom, or on the part of the Government of Salvador, should be nnder examination for any other crime in the territory of Salvador or in the United Kingdom respectively, his extradition shall be deferred until the conclusion of the trial and the fuU exécution of any punishment awarded to him.

Art. V. The extradition shall not take place if, subsequently to the commission of the crime, or the institution of the pénal prosecution or the conviction thereon, exemption t'rom prosecution or punishment has been acquired by lapse of tirae, according to the laws of the State applied to.

Art. VI. A fugitive criminal shall not be surrendered if the offence in respect of which his surrender is demanded is one of a political character, or if he prove that the réquisition for his surrender has, in fact, been made with a view to try or punish him for an offence of a political character.

Art. VII. A person surrendered can in no case be kept in prison or be brought to trial in the State to which the surrender has been made, for any other crime, or on account of any other matters, than those for which the extradition shall hâve taken place. This stipulation does not apply to crimes committed after the extradition.

Art. VIII. The réquisition for extradition shall be made through the Diplomatie Agents of the High Contracting Parties respectively.

The réquisition for the extradition of an accused person must be accompanied by a warrant of arrest issned by the compétent anthority of the State requiring the extradition, and by snch évidence as, according to the laws of the place where the accused is found, woold justify his arrest if the crime had been committed there.

If the réquisition relates to a person alreacly oonviotedi it must be

Nouv. Mecueil Oén, V S. VUl. Bbb

734 Grande - Bretagne , Salvador,

aceompanied by the sentence of oondemnalion passed against tfae convicted person by the compétent Court of the State that makes the réquisition for ektradition.

A réquisition for extradition cannot be fbnnded solely on sentences passed in coniumaciam y but persons oonvicted for contumacy sball be deemed to be accused persons.

Art. IX. If the réquisition for extradition be in accordance with the foregoing stipulations, the compétent authorities of the State appKed to shall proceed to the arrest of the fugitive.

The prisoner is then to be brougfat before a compétent Magistrate, who is to examine him, and to conduct the preliminary investigation of the case, just as if the appréhension had taken place for a crime committed in the same country.

Art. X. A fugitive criminal may be apprehended under a warrant issued by any Police Magistrate, Justice of the Peace, or other compétent authority in either country, on such infbrmation or complaint, and such évidence, or afber such proceedings as would, in tbe opinion of the authority issuing the warrant, justify the issue of a warrant if the crime had been committed or the person eonvicted in that part of the dominions of tbe two Gontracting Parties in whieh the Magistrate, Justice of Uie Peace, or other compétent authority exercises jurisdiction : provided, howevef, that in the United Kingdom the accused d»ll, in such case, be sent as speedily as possible before a Police Magistrate in London. He shall, in accordance with this Article, be discharged, as well in Salvador as in the United Kingdom, if within the tenu of thirty days a réquisition for extradition shall not bave been made by the Diplomatie Agent of his country in accordance with the stipulations of this Treaty.

The same rule shall apply to the cases of persons accused or convicted of any of the crimes or ofPences specified in this Treaty, and committed on the high seas on board any vessel of either country which may corne into a port of the other.

Art. XL The extradition shall take place only if the évidence be found sufQcient, according to the laws of the State applied to, either to justify the committal of the prisoner for trial, in case the crime had been committed in the territory of the same State, or to prove that the prisoner is the identical person convicted by tbe Courts of the State whidi makes the réquisition, and no criminal shall be surrendered until after the expiration of fiteen days from the date of his committal to prison to await the waiTant for his surrender.

Art. XII. In the examinations which they bave to make in accordance with the foregoing stipulations, the authorities of the State applied to shall admit as entirely valid évidence the sworn dépositions or statemcnts of witnesses taken in the other State, or copies thereof, and likewise the warrants and sentences issued theroto, provided such documents purport to be signed or certified by a Judge , Magistrate , o)c Officer of such State, and are authenticated by the oath of some witness, or by being sealed with the officiai seal of the Miniater of Justice, or some other Minister of State.

ExbraéiUon. 735

Art. XIII. If the individnal claimed by onc of the two High Contracting Parties in pnrsaance of the présent Treatj should be also claimed by one or several otber Powers , on account of other crimes or offences commit ted upon their respective territories, his extradition shall be granted to that State whose demand is earliest in date; unless any other arangement should bave been made between the différent Governments to détermine the préférence, «ither on account of the gravity of the crime or offence, or for any other reason.

Art. XIV. If safQcient évidence for the extradition be not produced within two months from the date of the appréhension of the fugitive, he shall be set at liberty.

Art. XV. AU articles seized which where in the possession of the person to be surrendered at the time of bis appréhension shall, if the compétent authority of the State applied to for the extradition bas ordered the delivcry of such articles, be given up when the extradition takes place ; and the said delivery shall extend, not merely to the stolen articles, but to everything that may serve as a proof of the crime.

Art. XVI. The High Gontracting Parties renonnce any claim for the reimbursement of the expenses incarred by them in the arrest and maintenance of the person to be surrendered and his conveyancc till placed on board ship; they reciprocally agrée to bear such expenses themselves.

Art. XVII. The stipulations of the présent Treaty shall be applicable to the Colonies and foreign Possessions of Her Britannic Majesty.

The réquisition for the surrender of a fugitive criminal who has taken refuge in any of such Colonies or foreign Possessions shall be made to the Govemor or chief authority of such Colony or Possession by the Chief Consular Oificer oi the Republic of Salvador in such Colony or Possession.

Such réquisition may be disposed of, subject always, as nearly as may be , to the provisions of this Treaty , by the said Govemor or chief authority, who, however, shall be at liberty either to grant the surrender or to refer the matter to his Government.

Her Britannic Majesty shall, however, be at liberty to make spécial arrangements in the British Colonies and foreign Possessions for the surrender of Salvadorian criminals who may take refuge within such Colonies and foreign Possessions, on the basis, as nearly as may be, of the provisions of the présent Treaty.

The réquisition for the surrender of a fugitive criminal from any Colony or foreign Possession of Her Britannic Majesty shall be governed by the rules laid down in the preceding Articles of the présent Treaty.

Art. XVUI. The présent Treaty shall come into force ten days after its publication, in conformity with the forms prescribed by the laws of the High Gontracting Parties. It may be terminated by either of ihe High Gontracting Parties, but shall remain in force for six months after notice bas been given for its t^rmination.

The Treaty, after receiving the approval of the Congress of Salvador, shall be ratified and the ratifications shall be exchanged at London as 80on as possible.

Bbba

736 Grande-Bretagne^ Samoa.

In wiinesg wbereof the respective PlenipotentiarieB haTe signed the MUDe, and haye affized thereto the seal of their aima.

Done ai Paris, the twentj-third day of Jane, in the year of cfwr Lord one tbotuand eight hnndred and eighty-one.

Lifotu. J. M. Torreê Caieedo,