Page:United States Statutes at Large Volume 43 Part 2.djvu/394

 EXTRADITION TREATY—LATVIA. OCTOBER 16, 1923. 1741. ARTICLE VIII. Under the stipulations of this Treaty, neither of the High Con- N°.‘!°“*'°*Y °' M tracting Parties shall be bound to deliver up its own citizens. ownmmgm ARTICLE IX. The expense of arrest, detention, examination and transportation E"P°’”°’· of the accused shall be paid by the Government which has preferred the demand for extradition. ARTICLE X. Everything found in the possession of the fu `tive criminal at the S,,£§g"l,,?,?§, ,§’.j,,,,",T°1"°` time of his arrest, whether being the proceeds ogiihe crime or offense, or which may be material as evidence in making proof of the crime, shall so far as practicable, according to the laws of either of the High Contracting Parties, be delivered up with his person at the time of surrender. Nevertheless, the rights of a third arty with regard to the articles referred to, shall be duly respectedi ARTICLE XI. · The stipulations of the present Treaty shall be ap licable to all '1`°”‘°°”’ ““°°*°d· territory wherever situated, belonging to either of tliije High Contracting Parties or in the occupancy and under the control of either of them, during such occupancy or control. Requisitions for the surrender of fugitives from justice shall be R°q““*“°”S· made by the respective diplomatic agents of the High 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 territory included in the preceding paragraphs, other than Latvia or the United States, requisitions may be made by superior consular officers. It shall be competent for such diplomatic or superior con- P"°°°d“‘°· sular officers to ask and obtain a mandate or preliminary warrant of arrest for the person whose surrender is sought, whereupon the judges and magistrates of the two Governments shall respectively have power and authority, upon complaint made under oath, to issue a warrant for the apprehension of the person charged, in order that he or she may be brought before such `udge or magistrate, that the evidence of criminality may be heamf and considered and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify it to the proper executive authority, that a warrant may issue for the surrender of the fugitive. _ In case of urgency, the application for arrest and detention may U*g¤¤*°=¤S¤S· be addressed directly to the competent magistrate in conformity to the statutes in force. _ _ R I, {uml The person provisionally arrested shall be released, unlessswithm ,,,q,,‘§§;‘§§,,, ‘§,c_f’ ,,0, two months from the date of arrest in Latvia, or from the date of ¤¤¤d°i¤*“”° ***0***}*5- commitment in the United States, the formal requisition for surrender with the documentary proofs hereinafter prescribed be made as aforesaid by the diplomatic agent of the demanding Government or, in his absence, by a consular officer thereof. _ _ If the fugitive criminal shall have been convicted of the crime mllcigglgcygiggugg for which his surrender is asked, a copy of the sentence of the court vm. before which such conviction took place, duly authenticated, shall be produced. If, however, the fugitive is merely charged with crime. a dulv authenticated copy of the warrant of arrest in the country where the crime was committed, and of the depositions upon which such warrant may have been issued, shall be produced, with such other evidence or proof as may be deemed competent in the case. 45822°—voL 43-rr 2——- 26