Page:United States Statutes at Large Volume 44 Part 3.djvu/573

 EXTBADITION TREATY+—FI}lLAND$ ;AUens·r»1,-1924. 2005 JARTICLE XI —_ The stipulabionh of th;present"Treaty shall be applicableto  T°""""‘°°°°°”°‘ territory wherever situa, belonging toeither of t e` High Con- tracting Parties or inthe occupancy and   the contrel of either of them, during such occupancyuor controli · ‘ ` ic·V V · Requisitions for the surrender of ,fugitives from justice shall be R°**“‘“’°*°”· made by the respective diplomatic agents of the High Contracting Parties. In the event of the absence of such agents from the coun- try or its seat of Government, or where extra ition is sought from territory included in the preceding paragraphs, other than the United States"or Finland, requisitions ma be made by superior consular oiiicers. It shall be competent ger, such dip omatic or *’*°°°°¤’** superior consular onicers to ask and obtain a mandate or preliminary warrant ofarrest for the person whose surrender is sought, where- upon the judges and magistrates of the two Governments shall re- spectively have power and authority upon com laint made under oath, to issue a warrant for the apprehension of tihe person charged, in order that he or she may be brought before such judge or magis- trate, that the evidence of criminality may be heard an considered and 1f, on such hearing, the evidence be eemed sullicientto sustain the charge, it shall be the duty or the examining élidge or magistrate ` to certify it to the roper executive authority, at a warrant may issue. for the surrender of the fugitive. ‘ In case of urgency, the application for arrest and detention may U¤¤¤¤*¤¤¤¤¤%· be addressed directlyto the competent magistrate in conformity to. the-statutesin force. ;· ~ ¤ ‘ · =, " H The person provisionally arrested shall be released, unless within *’*°'*¤*°¤¤' •¤¤·°¤· two months fromthe date of arrest in Finland, or from the date as commitment in the United States, the formal requisition for sur- render 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 otlieer thereof. · I ~ ‘ · A lf the fugitive crimiualshall have .been convicted of the crime for D°°“’¤°°“'°°“*'°‘*· which his surrender is asked, a copy of thesenteuce of thecourt before which such conviction took place, duly authenticated, shall be roduced. If, however, the fugitive is mere y charged with crime, a diily authenticated copy of the warrant of arrest in the country where the crime was committed, and of the depositions uponiwhic such warrant may have been issued, shall be ,produced,hwith such other evidence or proof as may be deemed competent in t e case. ARTICLE XII. In every case of a reguest made by either of the High Contracting L°‘“‘“”‘“°“°°· Parties for the arrest, etention or extradition of fugitive criminals, the appropriate legal oilicers of the countr where the roceedings of extradition are had, shall assist the oilihers of the Government demanding the extradition before the respective judges and magis- trates, by every legal means within their power; and no claim what- ever for compensation for any of the services so rendered shall be made against the Government demanding the extradition; provided, however, that any otlicer or oilicers of the surrendering Government so giving assistance, who shall, in the usual course of their duty, receive no salary or compensation other than specific fees for services performed, shall be entitled to receive from the Government demand- °°mF°“”“°“· 1ng the extradition the customary fees for the acts or services per- formed by them, in the same manner and to the same amount as though such acts or services had been performed in ordinary criminal proceedings under the laws of the country of which they are oilicers

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