A sentence passed in contumaciam is not to be deemed a conviction, but a person so sentenced may be dealt with as an accused person. Article IX. If the requisition for extradition be in accordance with the foregoing stipulations, the competent authorities of the State applied to shall proceed to the arrest of the fugitive. Article X. If the fugitive has been arrested in the British dominions, he shall forthwith be brought before a competent Magistrate, who is to examine him and to conduct the preliminary investigation of the case, just as if the apprehension had taken place for a crime committed in the British dominions. In the examinations which they have to make in accordance with the foregoing stipulations, the authorities of the British dominions shall admit. as valid evidence the sworn depositions or the affirmations of witnesses taken in Servia, or copies thereof, and likewise the warrants and sentences issued therein, and certificates of, or judicial documents stating the fact of, a conviction, provided the same are authenticated as follows: 1. A warrant must purport to be signed by a Judge, Magistrate, or Judicial Officer of Police of Servia. 2. Depositions or affirmations, or the copies thereof, must purport to be certified under the hand of a Judge, Magistrate, or Judicial Officer of Police of Servia, to be the original depositions or affirmations, or to be the true copies thereof, as the case may require. 3. A certificate of or judicial document stating the fact of a conviction must purport to be certified by a Judge, Magistrate, or Judicial Officer of Police of Servia. 4. In every case such warrant, deposition, affirmation, copy, certificate, or judicial document must be authenticated either by the oath of some witness, or by being sealed with the official seal of the Minister of Justice or of Foreign Affairs of Servia; but any other mode of authentication for the time being permitted by the law in that part of the British dominions where the examination is taken may be substituted for the foregoing. Article XI. On the part of the Servian Government the extradition shall take place as follows in Servia. The Minister, or other Diplomatic Agent of Her Britannic Majesty in Servia, shall send to the Minister for Foreign Affairs, in support of each demand for extradition, an authentic and duly legalized copy either of a certificate of condemnation, or of a warrant of arrest against an incriminated or accused person, showing clearly the nature of the crime or offence on account of which proceedings are being taken against the fugitive. The judicial document so produced shall be accompanied by a des cription and other particulars serving to establish the identity of the person whose extradition is claimed. In case the documents produced by the British Government to establish the identity, and the particulars gathered by the Servian police authorities for the same purpose, should be deemed to be insufficient, notice thereof shall forthwith be given to the Minister or other Diplomatic Agent of Her Britannic Majesty in Servia, and the individual whose extradition is desired, if he has been arrested, shall remain in detention until the British Government has produced new elements of proof to establish his identity, or to clear up any other difficulties arising in the examination. Article XII. The extradition shall not take place unless the evidence be found sufficient 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 said State, or to prove that the prisoner is the identical person convicted by the Courts of the State which makes the requisition, and that the crime of which he has been convicted is one in respect of which extradition could, at the time of such conviction have been granted by the State applied to. In Her Britannic Majesty's dominions the fugitive criminal shall not be surrendered until the expiration of fifteen days from the date of his being committed to prison to await his surrender. Article XIII. If the individual claimed by one of the two High Contracting Parties in pursuance of the present Treaty should be also claimed by one or several other Powers, on account of other crimes or offences committed upon their respective territories, his extradition shall be granted to that State whose demand is earliest in date. Article XIV. If sufficient evidence for the extradition be not produced within two months from the date of the apprehension of the fugitive, or within such further time as the State applied to, or the proper Tribunal thereof shall direct, the fugitive shall be set at liberty. Article XV. All articles seized which were in the possession of the person to be surrendered, at the time of his apprehension, shall, if the competent authority of the State applied to for the extradition has ordered the delivery thereof, 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. Article XVI. All expenses connected with extradition shall be borne by the demanding State. Article XVII. The stipulations of the present Treaty shall be applicable to the Colonies and foreign possessions of Her Britannic Majesty, so far as the laws for the time being in force in such Colonies and foreign possessions respectively will allow. The requisition for the surrender of a fugitive criminal who has taken refuge in any such Colonies or foreign possessions may be made to the Governor or chief authority of such Colony or possession by any person authorized to act in such Colony or possession as a Consular officer of Servia. Such requisitions may be disposed of, subject always, as nearly as may be, and so far as the law of such Colony or foreign possession will allow, to the provisions of this Treaty, by the said Governor 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 special arrangements in the British Colonies and foreign possessions for the sur render of criminals from Servia who may take refuge within such Colonies and foreign possessions, on the basis, as nearly as may be, and so far as the law of such Colony or foreign possession will allow, of the provisions of the present Treaty. Requisitions for the surrender of a fugitive criminal emanating from any Colony or foreign possessions of Her Britannic Majesty shall be governed by the rules laid down in the preceding Articles of the present Treaty. Article XVIII. The present Treaty shall come into force ten days after its publication, in conformity with the forms prescribed by the laws of the High Contracting Parties. It may be terminated by either of the High Contracting Parties at any time on giving to the other six months' notice of its intention to do so. The Treaty shall be ratified, and the ratifications shall be exchanged at Belgrade as soon as possible. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms. 68. SUISSE, BELGIQUE. Déclaration concernant la correspondance directe entre les tribunaux des deux Etats, signée à Berne le 29 novembre 1900. Eidg. amtl. Samml. Neue Folge. Bd. XVIII. Erklärung zwischen der Schweiz und Belgien betreffend den direkten gerichtlichen Verkehr. (Vom 29. November 1900.) Die Regierung Seiner Majestät des Königs der Belgier, In der Absicht, die gegenwärtig für die Übermittlung der gerichtlichen oder aussergerichtlichen Akten und der Rogatorien in Zivil- oder Handelssachen geltenden Regeln zu vereinfachen, haben folgendes Übereinkommen getroffen: Les autorités judiciaires suisses et Die schweizerischen und belgibelges (tribunaux et parquets) sont schen Gerichtsbehörden (Gerichte und autorisées à correspondre directement Staatsanwälte) sind ermächtigt, für die entre elles pour la transmission des Übermittlung der gerichtlichen oder actes judiciaires ou extrajudiciaires aussergerichtlichen Urkunden und der et des commissions rogatoires dans Rogatorien in Zivil- oder Handelsles causes civiles ou commerciales, streitigkeiten direkt miteinander zu lorsque des circonstances spéciales verkehren, sofern nicht besondere n'exigent pas le recours à la voie Umstände die diplomatische Überdiplomatique. mittlung erfordern. Ainsi fait en double exemplaire, à Berne, le 29 novembre 1900. Le plénipotentiaire suisse: Le plénipotentiaire belge: Also geschehen in Bern, in doppelter Ausfertigung, den 29. November 1900. Der schweiz. Bevollmächtigte: Der belgische Bevollmächtigte: 69. ETATS-UNIS D'AMÉRIQUE, GRANDE-BRETAGNE. Traité supplémentaire d'extradition à la Convention du 12 juillet 1889*) signé à Washington le 13 décembre 1900.**) Publication officielle du Secrétariat d'Etat des Affaires étrangères des Etats-Unis d'Amérique. The President of the United States of America and Her Majesty the Queen of Great Britain and Ireland, being desirous of enlarging the List of Crimes on account of which Extradition may be granted under the Convention concluded between the United States and Her Britannic Majesty on the 12th of July 1889, with a view to the better administration of justice and the prevention of crime in their respective territories and jurisdictions, have resolved to conclude a Supplementary Convention for this purpose and have appointed as their Plenipotentiaries, to wit: The President of the United States, the Honorable John Hay, Secretary of State of the United States, and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, His Excellency the Right Honorable Lord Pauncefote, Knight Grand Cross of the Most Honorable Order of the Bath, Knight Grand Cross of the Most Distinguished Order of St. Michael and St. George, and Her Majesty's Ambassador Extraordinary and Plenipotentiary to the United States; Who, after having communicated to each other their respective full powers, which were found to be in due and proper form, have agreed to and concluded the following Articles: Article I. The following crimes are added to the list of crimes numbered 1 to 10 in the first Article of the said Convention of July 12, 1889, on account of which extradition may be granted, that is to say: 11. Obtaining money, valuable securities or other property by false pretenses. 12. Wilful and unlawful destruction or obstruction of railroads which endangers human life. 13. Procuring abortion. Article II. The present Convention shall be considered as an integral part of the said Extradition Convention of July 12, 1889, and the first Article of *) V. N. R. G. 2o s. XVI, 850. **) Les ratifications ont été échangées à Washington le 22 avril 1901. |