Page:United States Statutes at Large Volume 43 Part 2.djvu/504

 1852 EXTRADITION 'l`REATY——ESTHNIA. Novnmmm 8, 1923. Article VIII. de§$;$hl*j{)i{j*j1Qj{l>l_i{;j Under the stipulations of this Treaty, neither of the High Conms. tracting Parties shall be bound to deliver up its own citizens. Article IX. E‘¥’°“S*‘*· 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. sc}Qj,§Q_?&,g;,gQF;$*°S _ Everything found in the possession of the fugitive criminal at the time of 11is arrest, whether being the proceeds 0 the crime or offense, or which may be material as evidence in making roof of the crime, shall so far as practicable, according to the laws ofp either of the High Contracting Parties, 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°"“°*>’¤“°°*°d· The stipulations of the present Treaty shall beap licable to all territory wherever situated, belonging to either of tlge High Contracting Parties or in the occupancy and under the control of either of them, during such occupancy or control. Requisiticns. Requisitions for the surrender of fugitives from justice shall be 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 the United P,0(,edm_ States or Esthonia, requisitions may be made by superior consular officers. It shall be competent for such diplomatic or superior consular officers to ask and obtain_a mandate or preliminary warrant of arrest for person. whose surrender is sought, whereupon the iudges and magistrates of the two Governments shall respectively iave 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 Judge or magistrate, that the evidence of criminality may be heard and considered and if on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining iudge or magistrate to certify it to the proper executive authority, t at a warrant may issue for the surrender of the fugitive. . Urzenrcms- In case of urgency, the application·for arrest and detention may be addressed directly to the competent magistrate in conformity to the statutes in force. ’ Pr¤vi¤i¤¤¤¤=¤rr<>Sr¤- The person provisionally arrested shall be released, unless within .. two months from the date of arrest or commitment in Esthenia or Eifed States respectively 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, b a consular officer thereof. , D<>¢¤m¤¤¤Sf¤¤¤**·‘<*· If the fhgitive criminal shall have been convicted of the crime for which his surrender is asked, a copy of the sentence of the court before which such conviction took place, dul authenticated, shall be produced. If, however, the fugitive is merelzy charged with crime, a duly authenticated copy of the warrant o arrest in the country where the crime was committed, and of the depositions upon whic such warrant may have been issued, shall be produced, with such other evidence or proof as may be deemed competent in the case.