Page:United States Statutes at Large Volume 54 Part 2.djvu/516

 TREATIES ARTICLE IV. Trial limited to offense for which sur- rendered. No person shall be tried for any crime or offense, committed prior to his extradition, other than that for which he was surrendered, unless he has been at liberty for one month after having been tried, to leave the country, or, in case of conviction, for one month after having suffered his punishment or having been pardoned. ARTICIE V. Time limitation, etc. Person under pros- ecution in country where found. A fugitive criminal shall not be surrendered under the provisions hereof, when, from lapse of time or other lawful cause, according to the laws of the demanding country, the criminal is exempt from prosecution or punishment for the offense for which the surrender is asked. ARTICLE VI. If a fugitive criminal whose surrender may be claimed pursuant to the stipulations hereof, be actually under prosecution, out on bail or in custody, for a crime or offense committed in the country where he has sought asylum, or shall have been convicted thereof, his extra- dition may be deferred until such proceedings be determined, and until he shall have been set at liberty in due course of law. ARTICLE VII. Person claimed by other powers. Existing treaties with other states not affected. Citizens of country appealed to. Expenses of arrest and transportation. If a fugitive criminal claimed by one of the two parties hereto, shall be also claimed by one or more powers pursuant to treaty pro- visions, on account of crimes or offenses committed within their juris- diction, such criminal shall be delivered to that State whose demand is first received unless the demand is waived. This article shall not affect such treaties as have previously been concluded by one of the contracting parties with other States. ARTICLE VIII. Under the stipulations of this Treaty, neither of the High Con- tracting Parties shall be bound to deliver up its own citizens, except in cases where such citizenship has been obtained after the perpe- tration of the crime for which extradition is sought. The State appealed to shall decide whether the person claimed is its own citizen. ARTICLE IX. The expense of transportation of the fugitive shall be borne by the Government which has preferred the demand for extradition. The appropriate legal officers of the country where the proceedings of extradition are had, shall assist the officers of the Government demanding the extradition before the respective judges and magis- trates, by every legal means within their power; and no claim other than for the board and lodging of a fugitive prior to his surrender, [54 STAT. 1736

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