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

Article V.

If the fugitive criminal who has been committed to prison be not surrendered and conveyed away within two months after such committal (or within two months after the decision of the Court, upon the return to a writ of habeas corpus in the United Kingdom), he shall be discharged from custody, unless sufficient cause be shown to the contrary.

Article VI.

When any person shall have been surrendered by either of the High Contracting Parties to the other, such person shall not, until he has been restored or had an opportunity of returning to the country from whence he was surrendered, be triable or tried for any offence committed in the other country prior to the surrender, other than the particular offence on account of which he was surrendered.

Article VII.

No accused or convicted person shall be surrendered, if the offence in respect of which his surrender is demanded shall be deemed by the Government upon which it is made to be one of a political character, or if in the United Kingdom he prove to the satisfaction of the Police Magistrate, or of the Court before which he is brought on habeas corpus, or to the Secretary of State, or in Denmark, to the satisfaction of the Minister of Justice of His Majesty the King of Denmark, that the requisition for his surrender has in fact, been made with a view to try or to punish him for an offence of a political character.

Article VIII.

Warrants, depositions, or statements on oath, issued or taken in the dominions of either of the two High Contracting Parties, and copies thereof, and certificates of or judicial documents stating the fact of conviction, shall be received in evidence in proceedings in the dominions of the other, if purporting to be signed or certified by a Judge, Magistrate, or officer of the country where they were issued or taken, and provided they are authenticated by the oath of some witness, or by being sealed with the official seal of the Minister of Justice, or some other Minister of State.

Article IX.

The surrender shall not take place if, since the commission of the acts charged, the accusation, or the conviction, exemption from prosecution or punishment has been acquired by lapse of time, according to the laws of the country where the accused or convicted person shall have taken refuge.

Article X.

If the individual claimed should be under prosecution, or in custody, for a crime or offence committed in the country where he may have taken refuge, his surrender may be deferred until he shall have been set at liberty in due course of law.

In case he should be proceeded against or detained in such country on account of obligations contracted towards private individuals, his surrender shall nevertheless take place, the injured party retaining his right to prosecute his claims before the competent authority.

Article XI.

Every article found in the possession of the individual claimed at the time of his arrest, shall be seized, in order to be delivered up with his person at the time when the surrender shall be made. Such delivery shall not be limited to the property or articles obtained by stealing or by fraudulent bankruptcy, but shall extend to everything that may serve as proof of the crime. It shall take place even when the surrender, after having been ordered, shall be prevented from taking place by reason of the escape or death of the individual claimed.

Article XII.

Each of the two contracting Parties shall defray the expenses occasioned by the arrest within its territories, the detention, and the conveyance to its frontier, of the persons whom it may consent to surrender in pursuance of the present Treaty.

Article XIII.

The stipulations of the present Treaty shall be applicable to the colonies or Foreign Possessions of the two High Contracting Parties, in the following manner :

The requisition for the surrender of a fugitive criminal who has taken refuge in a Colony or Foreign Possession of either of the two Contracting Parties, shall be made to the Governor or Chief Authority of such Colony or Possession by the Chief Consular Officer of the other Party in such Colony or Possession; or, if the fugitive has escaped

from a Colony or Foreign Possession of the Party on whose behalf the requisition is made, by the Governor or Chief Authority of such Colony or Possession.

Such requisitions may be disposed of, subject always, as nearly as may be, to the provisions of this Treaty, by the respective Governors or Chief Authorities, who, however, shall be at liberty either to grant the surrender, or to refer the matter to their Government.

Her Britannic Majesty and His Majesty the King of Denmark shall, however, be at liberty to make special arrangements in their Colonies and Foreign Possessions for the surrender of criminals who may take refuge therein, on the basis, as nearly as may be, of the provisions of the present Treaty.

Article XIV.

The present Treaty shall come into operation ten days after its publication, in conformity with the forms prescribed by the laws of the High Contracting Parties.

After the Treaty shall so have been brought into operation, the Convention concluded between the High Contracting Parties on the 15th April, 1862, shall be considered as cancelled, except as to any proceeding that may have already been taken or commenced in virtue thereof.

Either Party may at any time terminate the Treaty on giving to the other six months' notice of its intention.

Article XV.

The present Treaty shall be ratified, and the rectification shall be exchanged at Copenhagen as soon as may be within four weeks from the date of signature.

1.

2.

FRANCE.

Date of Treaty, August 14th, 1876.

{Order in Council, May 16th, 1878.

Convention Amending Trenty of 1876, dated
February 13th, 1896.

Order in Council, dated February 22nd, 1896.

3. Arrangement Regarding Tunis, dated December 21st, 1886.

Article I.

The High Contracting Parties engage to deliver up to each other those persons who are being proceeded against or who have been convicted of a crime committed in the territory of the one Party, and who shall be found within the territory of the other Party, under the circumstances and conditions stated in the present Treaty.

M, EA

9

Article II.

Native-born or naturalized subjects of either country are excepted from extradition. In the case, however, of a person who, since the commission of the crime or offence of which he is accused, or for which he has been convicted, has become naturalized in the country whence the surrender is sought, such naturalization shall not prevent the pur. suit, arrest, and extradition of such person, in conformity with the stipulations of the present Treaty.

Article III.

The crimes for which the extradition is to be granted are the following :

1. Counterfeiting or altering money, and uttering counterfeit or altered money.

2. Forgery, counterfeiting or altering and uttering what is forged, counterfeited or altered.

3. Murder (including assassination, parricide, infanticide and poisoning) or attempt to murder.*

4. Manslaughter.

5. Abortion.

6. Rape.

7. Indecent assault, acts of indecency even without violence upon the person of a girl under 12 years of age.

8. Child-stealing, including abandoning, exposing or unlawfully detaining.

9. Abduction.

10. Kidnapping and false imprisonment.

11. Bigamy.

12. Wounding or inflicting grievous bodily harm.

13. Assaulting a Magistrate, or peace or public officer.

14. Threats by letter or otherwise with intent to extort.
15. Perjury or subornation of perjury.

16. Arson.

17. Burglary or house-breaking, robbery with violence.

18. Fraud by a bailee, banker, agent, factor, trustee, or director, or member, or public officer of any Company made criminal by any Act for the time being in force.

19. Obtaining money, valuable security, or goods by false pretences, including receiving any chattel, money, valuable security, or other property, knowing the same to have been unlawfully obtained.

20. Embezzlement or larceny, including receiving any chattel money, valuable security, or other property, knowing the same to have been embezzled or stolen.

21. Crimes against Bankruptcy Law.

22. Any malicious act done with intent to endanger persons in a railway train.

23. Malicious injury to property, if the offence is indictable.
24. Crimes committed at sea:-

(a) Any act of depredation or violence by the crew of a British or French vessel, against another British or French vessel, or by the crew of a foreign vessel not provided with a regular commission, against British or French vessels, their crews or their cargoes.

(b) The fact by any person being or not one of the crew of a vessel of giving her over to pirates.

(c) The fact by any person being or not one of the crew of a vessel of taking possession of such vessel by fraud or violence.

(d) Sinking or destroying a vessel at sea, or attempting or conspiring to do so.

(e) Revolt or conspiracy to revolt by two or more persons on board a ship on the high seas against the authority of the master.

25. Dealing in slaves in such manner as to constitute an offence against the laws of both countries.

The extradition is also to take place for participation, either as principals or accessories, in any of the aforesaid crimes, provided such participation be punishable by the laws of both the Contracting Parties.

Article IV.

The present Treaty shall apply to crimes and offences committed prior to the signature of the Treaty; but a person surrendered shall not be tried for any crime or offence committed in the other country before the extradition, other than the crime for which his surrender has been granted.

Article V.

No accused or convicted person shall be surrendered, if the offence in respect of which his surrender is demanded shall be deemed by the Party upon which it is made to be a political offence or to be an act connected with (connexe á) such an offence, or if he prove to the satisfaction of the Police Magistrate or of the Court before which he is brought on habeas corpus, or of the Secretary of State, that the requisition for his surrender has, in fact, been made with a view to try or to punish him for an offence of a political character.

Article VI.

On the part of the French Government, the extradition shall take place in the following manner in France :

The Ambassador or other Diplomatic Agent of Her Britannic Majesty in France shall send to the Minister for Foreign Affairs, in

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