Page:United States Statutes at Large Volume 43 Part 2.djvu/405

 1752 EXTRADITION TREATY—SIAM. DEGEMBER 30, 1922. _ ARTICLE VIH. aeii$Qh${»a°i•Z”l°••ir¤Yat°iZ Under the stipulations of this Treaty, neither of the High Con- ·°°¤¤· tractiug Parties shall be bound to deliver up its own citizens. ARTICLE IX. E‘P°"’“· The expense of arrest, detention, examination and transportation of the accused shall be_ paid by the Government which has preferred the demand for extradition. ARTICLE X. t_   fgtimd lthe possesgon of thesfugigve criminal Et the 1meo is arre w e er eprocee o ecrimeoro e or which may be’material as evidence in making roof of the criliig: shall so far as practicable, according to the laws of either of the High Contracting PEITIBS, be delivered up with his person at the time of surrender. Nevertheless, the rights of a third party with regard to the articles referred to shall be duly respected. ARTICLE XI. T°"'"°"”°°“°°‘ The stipulations of the (present Treaty shall be applicable to all territory wherever situate, belonging to either of the High Contracting Parties or in the occupancy and under the control of either Requumm of them, during such occupancy or control: Igeqilhsiapns for the sxrpn er of fugitives from justice shall be ma e y e respective °p omatic a nts of the H' h°C t t' Parges. Inftléegevent of the absence cg; such agents flim tl;] cldiiznlgg or 1 seat o vernment or where extradition is so ht f t · tory included in thepreeeding paragraphs, other tlhgiin tligmU1§It1ell States or Siam, requisitions may be made by superior consular oiii- P*°¤·=<i¤*¢~ cers. It shall be competent for such diplomatic or superior consular pfiicxsliis to ask and! obtain a nzlandate or preliminary warrant of arrest or _ e person w ose surren er is soug t where th d d magistrates of the two Governments shdll respgdliirlelyalidlvegiiiioiivlbr gn éiluthorityi upon copnpllaint made hulndeg oath, to issue a warrant or e appre ension 0 e person c r e rd tl th may brought before such judge or migisgigitea, tliiat ltlhe gvijdeiildg pi cr1r%nal1tLxniay bedheagi and considered and if, on such hearing, e evi ence eerne su cient to sustain the ch `t h ll b th duty of the examining ]udge or magistrate to certiliygdlzltostlie prtbpeg executive authority, that a warrant may issue for the surrender of Ummmm. the fugitive. _ balygdqiiilseeézfl uggeniy, the ialpplicatiortr for arrest and detention may irec y o e com e t 'st ‘ Provisional to the statutes in force. P tm magl mtg m conformlty ' t The person provisionally arrested shall be released, unless within wo inpnthi froig th?] datei osf arrest in Siam, or from the date of commi men in ie mte tates, the fo l `f f - render with the documentary proofs herei1iiiIit1errI(iil·cig<?i·ib(eId biirniildle as afogesaitg by the;) diplomatic agent of the demanding Government Y _ or, in is a sence a consular officer tl f, ·’°¢¤*¤°¤*¤ *¤¤¤¤¤¤ f the_fug1tive,cri’minal shall have beehuciiiivicted of the crime for which his surrender is asked, a copy of the sentence of the Court before which such conviction took place, duly authenticated shall be_ produpletl. If,hhowever, the fugitive is merely charged with crime. a uy aut enticated cop of the . t f ' country where the crime was cbmmittgdjvdiildmofOthdrdhiosilzidlg upon which such warrant may have been issued, shall be produced,