Page:United States Statutes at Large Volume 49 Part 2.djvu/1100

 3116 PAN AMERICAN CONVENTION-EXTHADITION. DEC. 26, 1933. Time limitation for holding fugitive. ARTICLE 11 Extradition having been granted and the person requested put at the disposition of the diplomatic agent of the demanding State, then, if, within two months from the time when said ~ent is notified of same, the person has not been sent to his destinatIon, he will be set at liberty, and he cannot again be detained for the same cause. The period of two months will be reduced to forty days when the countries concerned are conterminous. ARTICLE 12 H, · xtrndit.ion r~fns!,<,. Once extradition of a person has been refused application may not no further application , permitted. again be made for the same alleged act.s Guards. ARTICLE 13 The Stat.e requesting the extradition may designate one or more guards for the_purpose of taking charge of the person extradited, but said guards will be subject to the orders of the police or other authori- ties of the State granting the extradition or of the States in transit. ARTICLE 14 Place of ~urrender. The surrender of the person extradited to the re9.uesting State will be done at the most appropriate point on the frontIer or in the most accessible port, if the transfer is to be made by water. ARTICLE 15 Articlt'S seized with The objects found in the possession of the person extradited, ob- fugitive. tained by the perpetration of the illegal act for which extradition is requested, or which might be useful as evidence of same, will be con- fiscated and handed over to the demanding country, notwithstanding it might not be possible to surrender the accused because of some unusual situation such as his escape or death:' Costs of arrest, etc. rnd£'rtakin7, if ex- tradition granted. ARTICLE 16 The costs of arrest, custody, maintenance, and transportation of the personf as well as of the objects referred to in the preceding article, will be borne by the State granting the extradition up to the moment of surrender and from thereon they will be borne by the demanding State.Ii ARTICLE 17 Once the extradition IS granted, the demanding State under- takes: a) Not to try nor to punish the person for a common offense which was cOJllmitted previous to the request for extra- dition and which has not been included in said request, except only if the interested party expressly consents. b) Not to try nor to punish the person for a political offense, or for an offense connected with a political offense, com- mitted previous to the request for' extradition. c) To apply to the accused the punishment of next lesser degree than death if according to the legislation of the country of refu~e the death penalty would not be applicable. d) To furmsh to the State granting the extradition an authentic copy of the sentence pronounced. - I Art. 12 was not accepted by the United St:l.tes of America. , Art. 15 was not accepted by the United States of America. • Art. 16 was not accepted by the United States of America.