24

A.—2.

criminal to he surrendered to such person as may be duly authorized to receive him on the part of the President of the French Republic. (B.) In the case of a person convicted : The course of proceeding shall be the same as in the case of a person accused, except that the warrant to be transmitted by the Ambassador or other diplomatic agent in support of his requisition shall clearly set forth the crime of which the person claimed has been convicted, and state the fact, place, and date of his conviction. The evidence to be produced before the Police Magistrate shall be such as would, according to the law of England, prove that the prisoner was convicted of the crime charged. (C.) Persons convicted by judgment in default or arret de contumace shall be, in the matter of extradition, considered as persons accused, and, as such, be surrendered. (D.) After the Police Magistrate shall have committed the accused or convicted person to prison to await the order of a Secretary of State for his surrender, such person shall have the right to apply for a writ of habeas corpus; if he should so apply, his surrender must be deferred until after the decision of the Court upon the return to the writ, and even then can only take place if the decision is adverse to the applicant. In the latter case the Court may at once order his delivery to the person authorized to receive him, without the order of a Secretary of State for his surrender, or commit him to prison to await such order. Article VIII. Warrants, depositions, or statements on oath, issued or taken in the dominions of either of the two high contracting parties, and copies thereof, and certificates of or judicial documents stating the facts of conviction, shall be received in evidence in proceedings in the dominions of the other if purporting to be signed or certified by a Judge, Magistrate, or officer of the country where they were issued or taken, provided such warrants, depositions, statements, copies, certificates, and judicial documents are authenticated by the oath of some witness, or by being sealed with the official seal of the Minister of Justice, or some other Minister of State. Article IX. A fugitive criminal may be apprehended under a warrant issued by any Police Magistrate, Justice of the Peace, or other competent authority in either country, on such information or complaint, and such evidence, or after such proceedings as would, in the opinion of the person issuing the warrant, justify the issue of a warrant if the crime had been committed or the prisoner convicted in that part of the dominions of the two contracting parties in which the Magistrate exercises jurisdiction : Provided, however, that, in the United Kingdom, the accused shall, in such case, be sent as speedily as possible before a Police Magistrate in London. He shall be discharged, as well in the United Kingdom as in France, if within fourteen days a requisition shall not have been made for his surrender by the diplomatic agent of his country in the manner directed by Articles 11. and IV. of this treaty. The same rule shall apply to the cases of persons accused or convicted of any of the crimes specified in this treaty committed on the high seas on hoard any vessel of either country which may come into a port of the other. Article X. If the fugitive criminal who has been committed to prison be not surrendered and conveyed away within two months after such committal, or within two months after the decision of the Court upon the return to a writ of habeas corpus in the United Kingdom, he shall be discharged from custody, unless sufficient cause be shown to the contrary. Article XL The claim for extradition shall not he complied with if the individual claimed has been already tried for the same offence in the country whence the extradition is demanded, or if, since the commission of the acts charged, the accusation, or the conviction, exemption from prosecution or punishment has been acquired by lapse of time, according to the laws of that country. Article XII. If the individual claimed by one of the two high contracting parties in pursuance of the present treaty should be also claimed by one or several other Powers, on account of other crimes committed upon their respective territories, his surrender shall be granted to that State whose demand is earliest in date; unless any other arrangements should be made between the Governments which have claimed him, either on account of the gravity of the crimes committed, or for any other reasons. Article XIII. If the individual claimed should be under prosecution or condemned for a crime or offence committed in the country where he may have taken refuge, his surrender may be deferred until he shall have been set at liberty in due course of law. In case he should be proceeded against or detained in such country on account of obligations contracted towards private individuals, his surrender shall nevertheless take place.