Page:United States Statutes at Large Volume 31.djvu/1867

 l TREATY——ORANGE FREE STATE. Oo·roBER 28, 1896. 1815 If the person whose extradition is requested shall have been con- C°P>' 9* ¤°”°°“°° °* victed of a crime or offense, a duly authenticated copy of the sentence ilizzgidnon to be pw of the court in which he was convicted, or if the fugitive is merely charged with crime, a duly authenticated copy of the warrant of arrest in the country where the crime has been committed, and of the depositiolns og other evidence uponxwhich such warrant was issued, shall be pro uce. ‘ The extradition of fugitives under the (provisions of this Treaty 8 Emsgirésigiwswgovshall be carried out in the United States an in the Orange Free State, m °x r °°' respectively, in conformity with the laws regulating extradition for the time being in force in the state on which the demand for surrender is made. . Arrrronn IV. Where the arrest and detention of a fugitive are desired on tele- Provisional apesm graphic or other information in advance of the plresentation of formal §§,',§‘,§f,,,§,‘},‘l“°“°“ °‘ proofs, the proper course in the United States s all be to apply to the ]udge or other magistrates authorized to issue warrants of arrest in extradition cases} ancgdpgesent a complaint on oath, asprovided by the Statutes of the nit tates. In the Orange Free State the Hroper course shall be to apply to the Foreign Office, which will imme iately cause the necessary steps to be taken in order to secure the provisional arrest and detention of the fu itive. The provisional detention of a fugitive shall cease and the prisoner be released, if a formal requisition ‘or his surrender, accompanied by the necessary evidence of his criminality, has not been produced, under the stipulations of this Treaty, within two months from the date of his provisional arrest or detention. Airrronn V. In no case shall the nationality of the person accused be an impedi- b Neither ciquntry ment to his extradition, under the conditions stipulated by the present 0$$L°ci§z°e,?§ L3? "" Treaty, but neither Government shall be bound to deliver its own citi- ' zens for extradition under this Convention; but either shall have the power to deliver them up, if, in its discretion, it be deemed proper to do so. Arrrrcnn VI. A fugitive criminal shall not be surrendered if the offense in respect Pgggwggsensauot of which his surrender is demanded be of a political character, or if it °x ta °’°°°‘ shall be made to appear that the requisition for his surrender has, in fact, beenhmade wit a view to try or punish him for an offense of a political c aracter. No `lperson surrendered by either of the high contracting parties to miggiiglses the other shall be triable or tried or be punished for any(pol1t1cal crime P ' or offense; or for any act connected therewith, committe previously to his extra `tion. If any question shall arise as to whether a case comes within the D°°”i°¤- provisions of this article, the decision of the authorities of the government on which the demand for surrender is made, or which may have granted the extradition shall be Hnal. Ancrronn VII. Extradition shall not be granted, in pursuance of the provisions of Linnimion cfrimethis Treaty, if legal proceedings or the enforcement of the penalty for the act committed by the person claimed has become barred by limitation, agzording to the laws of the country to which the requisition is addresse.