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"Article XV.

Every article found in the possession of the individual claimed at the time of his arrest, shall, if the competent authority so decide, be seized, in order to be delivered up with his person at the time when the extradition takes place. Such delivery shall not be limited to the property or articles obtained by stealing or by fraudulent bankruptcy, but shall extend to every thing that may serve as proof of the crime or offence, and shall take place even when the extradition, after having been granted, cannot be carried out by reason of the escape or death of the individual claimed.

"The rights of third parties with regard to the said property or articles are nevertheless reserved.

"Article XVI.

"The High Contracting Parties renounce any claim for the reimbursement of the expenses incurred by them in the arrest and maintenance of the person to be surrendered, and his conveyance as far as the frontier, they reciprocally agree to bear such expenses themselves.

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"Si la autoridad competente lo dispusiese así, los objetos hallados en poder de la persona reclamada serán aprehendidos para ser entrégados con ella cuando la extradicion se verifique. Compréndense en esta disposicion no solo los objetos robados ó procedentes de quiebra fraudulenta, sino tambien cualesquiera otros que pudiesen servir para la comprobacion del crimen 6 delito.

"Dichos objetos serán igualmente entregados despues de ser acordado la extradición, si no se pudiera llevar esta á cabo por la fuga ó la muerte de la persona reclamada.

"Lo dispuesto en el presente Artículo se entiende sin perjuicio del derecho de terceros.

"Articulo XVI.

"Las altas Partes Contratantes renuncian al rembolso de los gastos ocasionados por ellas para la detencion, manutencion, y conduccion hasta su frontera de las personas entregadas, conviniendo en sufragar cada una dichos gastos en sus territorios respectivos.

"Article XVII.

"The present Treaty shall be ratified and the ratifications shall be exchanged at London as soon as possible.

"It shall come into operation ten days after its publication, in cc.iformity with the laws of the respective countries, and each of the Contracting Parties may at any time terminate the Treaty on giving to the other six months' notice of its intention to do so.

"In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms.

"Done at London, the fourth day of June, in the year of Our Lord one thousand eight hundred and seventy-eight.

"(L.S.) Salisbury.

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de (L.S.) Marques Laiglesia."

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And whereas the ratifications of the said Treaty were exchanged at London on the twenty-first instant:

Now, therefore, Her Majesty, by and with the advice of Her Privy Council, and in virtue of the authority committed to Her by the said recited Acts, doth order, and it is hereby ordered, that from and after the ninth day of December, one thousand eight hundred and seventy-eight, the said Acts shall apply in the case of the said Treaty with the King of Spain.

C. L. Peel.

Whereas

At the Court at Windsor,

The 28th day of May, 1889.

PRESENT:

The Queen's Most Excellent Majesty.

Lord President.

Earl of Coventry.

Lord Ashbourne.

[Here follows the first recital to the Order

relating to the Argentine Republic, printed at p. 1 above.]

And whereas a Treaty was concluded on the 4th day of June, 1878, between Her Majesty and the King of Spain for the mutual extradition of fugitive criminals:

And whereas by an Order of Her Majesty the Queen in Council, dated the 27th day of November, 1878, it was directed that the Extradition Acts, 1870 † and 1873, should apply in the case of Spain:

And whereas

[Here follow the second and third recitals to the Order relating to the Argentine Republic, printed at p. 2 above.]

And whereas a Declaration was concluded on the 19th day of February, 1889, between the Government of Her Majesty and the Government of His Majesty the King of Spain, for amending paragraph 5, Article II., and paragraph 5, Article VI., of the above-mentioned Treaty of the 4th June, 1878, which Declaration is in the terms following:

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* Printed at p. 239 above. † 33 & 34 Viot. c. 52. 36 & 37 Vict. o. 60.

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Now, therefore, Her Majesty, by and with the advice of Her Privy Council, and in virtue of the authority committed to Her by the said recited Acts, doth order, and it is hereby ordered, that from and after the 10th day of June, 1889, the said Acts shall apply in the case of the said Declaration of the 19th day of February, 1889, with the Government of His Majesty the King of Spain, as fully to all intents and purposes as in the case of the said recited Treaty of the 4th day of June, 1878:

Provided always, and it is hereby further ordered, that the operation of the said Acts shall be suspended within the Dominion of Canada so far as relates to the Kingdom of Spain and to the said Treaty and Declaration, and so long as the provisions of the Canadian Act aforesaid of 1886 continue in force, and no longer. C. L. Peel.

(aa) Sweden and Norway,

At the Court at Balmoral, the 30th day of September, 1873.

PRESENT:

The Queen's Most Excellent Majesty in Council.

Whereas • [Here follows the first recital to the Order of March 17, 1874, relating to Austria-Hungary, printed at p. 11 above.]

And whereas a Treaty was concluded on the twenty-sixth day of June last between Her Majesty and the King of Sweden

The Extradition Act" (Revised Statutes of Canada, c. 142).

and Norway for the mutual extradition of fugitive criminals, which Treaty is in the terms following:—

"Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the King of Sweden and Norway, having judged it expedient, with a view to the better administration of justice, and to the more complete prevention of crime within the respective countries, that persons charged with or convicted of the crimes hereinafter enumerated, and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up; their said Majesties have named as their Plenipotentiaries to conclude a Treaty for this purpose; that is to

say:-

"Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Honourable Edward Morris Erskine, a Companion of the Most Honourable Order of the Bath, Her Majesty's Envoy Extraordinary and Minister Plenipotentiary to His Majesty the King of Sweden and Norway;

"And His Majesty the King of Sweden and Norway, Henrick Wilhelm Bredberg. Grand Cross of the Order of the Polar Star, His Majesty's Councillor of State and Acting Minister for Foreign Affairs;

"Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following Articles :

66 Article I.

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

"Article II.

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

"1. Murder (child murder and poisoning included) or attempt to murder.

"2. Manslaughter.

"3. Counterfeiting or altering money, uitering or bringing into circulation knowingly counterfeit or altered money.

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4. Forgery or counterfeiting or altering or uttering what is forged, or counterfeited, or altered, comprehending the crimes designated in the Swedish and Norwegian penal codes as counterfeiting or falsification of paper money, bank notes or other securities, forgery or falsification of other public or private documents, likewise the uttering or bringing into circulation or wilfully using such counterfeited, forged, or falsified

papers.

5. Embezzlement or larceny.

"6. Obtaining money or goods by false pretences, except as regards Norway, cases in which the crime is not accompanied by aggravating circumstances according to the law of that country.

7. Crimes by bankrupts against bankruptcy law.

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

"9. Rape.

10. Abduction.

"11. Child stealing.

"12. Burglary or housebreaking.

"13. Arson.

14. Robbery with violence.

"15. Threats by letter or otherwise with intent to extort, except as regards Norway, cases in which this crime is not punishable by the laws of that country.

"16. Sinking or destroying a vessel at sea, or attempting to do so.

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