Forgery, or the utterance of forged papers

10. The forgery or falsification of the officiai acts of the Government or public authority, including courts of justice, or the uttering or fraudulent use of any of the same.

11. The fabrication of coùnterfeit money, whether coin or paper, counterfeit titles or coupons of public debt, bank- notes or other instruments of public crédit; of coùnterfeit seals, stamps, dies and marks of state or public administrations, and the utterance, circulation, or fraudulent use of any of the above-mentioned objects. ,

12. The embezzlement of public funds, committed within the jurisdiction of one or the other party, by public officers or depositaries.

13. Embezzlement by any person or persons, hired or salaried, to the détriment of their employers , when thèse crimes are subject to infamous punishment.

14. Kidnapping defined to be the détention of a person or persons in order to exact money from the or for any other unlawful end.

Art. III. The provisions of this Convention shall not import claim of extradition for any crime or offence of a political character, nor for

Espagne , Etats-Unis.

acts connectée! with such crimes or offences; and no person surrendered by or to either of the contracting parties in virtue of this Convention shall be tried or punished for any political crime or offence, nor for any act connected therewith, committed previously to the extradition.

Art. IV. No person shall be subject to extradition in virtue of this Convention for any crime or offence committed previous to the exchange of the ratifications hereof; and no person shall be tried for any crime or offènee other than that for which he was surrendered , unless such crime be one of those enumerated in Article II, and shall have been committed subséquent to the exchange of the ratifications hereof.

Art. V. A fugitive criminal shall not be surrendered under the provisions hereof when, from lapse of time or other lawful cause, according to the laws of the place within the jurisdiction of which the crime was committed, the criminal is exempt from prosecution or punishment for the offence for which the surrender is asked.

Art. 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 offence committed in the country where he has sought asylum — or shall have been convicted thereof — his extradition may be deferred until such proceedings be determined and until such criminal shall have been set at liberty in due course of law.

Art. VII. If a fugitive criminal claimed by one of the parties hereto shall be also claimed by one or more powers pursuant to treaty provisions on account of crimes committed within their jurisdiction , such criminal shall be delivered, in préférence, in accordance with that demand which is the earliest in date.

Art. VIII. Neither of the contracting parties shall be bound to deliver up its own citizens or subjects under the stipulations of this Convention.

Art. IX. The expenses of the arrest, détention, examination, and transportation of the accused shall be paid by the Government which has preferred the demand for extradition.

Art. X. Every thing found in the possession of the fugitive criminal at the time of his arrest which may be material as évidence in making proof of the crime shall, so far as practicable, be delivered up with his person at the time of the surrender. Nevertheless , the rights of a third party, with regard to the articles aforesaid, shall be duly respected.

Art. XI. The stipulations of this Convention shall be applicable to ail foreign or colonial possessions of either of the two contracting parties.

Réquisitions for the surrender of fugitives from justice shall be made by the respective diplomatie agents of the 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 a colonial possession of one of the contracting parties, réquisition may be made by superior consular officers.

It shall be compétent for such représentatives or such superior consular officers to ask and obtain a mandate or preliminary warrant of arrest for the person whose surrender is sought, whereupon the judges and ma-

Etats-Unis, Mexique.

gistrates 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 sufficient to sustain the charge , it shall be the duty of the examining judge or magistrate to certify the sarae to the proper executive authority, that a warrant may issue for the surrender of the fugitive.

If the fugitive criminal shall have been convicted of the crime for which his surrender is asked, a copy of the sentence of the 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 the country where the crime was committed, and of the dépositions upon which such warrant may have been issued, shall be produced, with such other évidence or proof as may be deemed compétent in the case.

Art. XII. This Convention shall continue in force from the day of the exchange of the ratifications thereof, but either party may at any time terminate the same on giving to the other six month's notice of its intention so to do.

In testimony whereof the respective Plenipotentiaries have signed the présent Convention in triplicate, and have hereunto affixed their seals.

Done at the city of Madrid, in triplicate, English and Spanish, this fifth day of January, in the year of our Lord one thousand eight hundred and seventy-seven.

Caleb Cushîng.

Ferndo. Calderon y Collantes.