Extradition Treaty with King of Sweden and Norway.

ARTICLE IX.

If the requisition for extradition be in accordance with the foregoing stipulations, the competent authorities of the State applied to shall proceed to the arrest of the fugitive.

The prisoner is then to be brought before a competent Magistrate, who is to examine him and to conduct the preliminary investigation of the case just as if the apprehension had taken place for a crime committed in the same country.

The extradition shall not take place before the expiration of fifteen days from the apprehension, and then only if the evidence be found sufficient, according to the laws of the State applied to, either to justify the committal of the prisoner for trial, or to prove that the prisoner is the identical person convicted by the Courts of the State which makes the requisition.

ARTICLE X.

In the examinations which they have to make, in accordance with the foregoing stipulations, the authorities of the State applied to shall admit, as entirely valid evidence, the sworn depositions or statements of witnesses taken in the other State, or copies thereof, and likewise the warrants and sentences issued therein, provided such documents are signed or certified by a Judge, Magistrate, or Officer of such State, and 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 XI.

If sufficient evidence for the extradition be not produced within two months from the date of the apprehension of the fugitive, he shall be set at liberty.

ARTICLE XII.

All articles seized, which were in the possession of the person to be surrendered at the time of his apprehension shall, if the competent authority of the State applied to for the extradition has ordered the delivery thereof, be given up when the extradition takes place; and the said delivery shall extend not merely to the stolen articles, but to every thing that may serve as a proof of the crime.

ARTICLE XIII.

Each of the High Contracting Parties shall defray and

bear

Extradition Treaty with King of Sweden and Norway

bear expenses incurred by it in the arrest, maintenance and conveyance of the individual to be surrendered till placed on board ship, as well as in keeping and conveying the articles which are to be delivered up in conformity with the stipulations of the preceding Article.

The individual to be surrendered shall be conveyed to the port specified by the applying Government, at whose expense he shall be taken on board the ship to convey him

away.

If it be necessary to convey the individual claimed through the territories of another State, the expenses incurred thereby shall be defrayed by the applying State.

ARTICLE XIV.

The stipulations of the present Treaty shall be applicable to the Colonies and foreign possessions of the two High Contracting Parties.

The requisition for the surrender of a fugitive criminal who has taken refuge in a Colony or Foreign Possession of either Party, shall be made to the Governor or Chief Authority of such Colony or Possession by the Chief Consular Officer of the other in such Colony or Possession; or, if the fugitive has escaped from a Colony or Foreign Possession of the Party on whose behalf the requisition is made, by the Governor or Chief Authority of such Colony or Possession.

Such requisitions may be disposed of, subject always, as nearly as may be, to the provisions of this Treaty, by the respective Governors or Chief Authorities, who, however, shall be at liberty either to grant the surrender, or to refer the matter to their Government.

Her Britannic Majesty shall, however, be at liberty to make special arrangements in the British Colonies and Foreign Possessions for the surrender of Swedish and Norwegian criminals who may there take refuge, on the basis, as nearly as may be, of the provisions of the present Treaty.

ARTICLE XV.

The present Treaty shall come into force ten days after its publication, in conformity with the forms prescribed by the laws of the High Contracting Parties. It may be terminated by either of the High Contracting Parties, but shall remain in force for six months after notice has been given for its termination.

ARTICLE XVI.

The present Treaty shall be ratified, and the ratifications shall be exchanged at Stockholm as soon as may be possible.

Extradition Treaty with King of Sweden and Norway, &c.

In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto their seals.

Done at Stockholm, the 26th day of June, in the year of Our Lord One thousand eight hundred and seventy-three.

And whereas the ratifications of the said Treaty were exchanged at Stockholm, on the twenty-eighth ultimo.

Now, therefore, Her Majesty, by and with the advice of Her Privy Council, and in virtue of the authority committed to Her by the said recited Act, doth order, and it is hereby ordered, that from and after the seventeenth day of October, one thousand eight hundred and seventy-three, the said Act shall apply in the case of the said Treaty, with the King of Sweden and Norway.

(Signed,)

EDMUND HARRISON.

TREATY BETWEEN

HER MAJESTY AND THE

EMPEROR OF BRAZIL.

At the Court at Balmoral, the 20th day of November, 1873.

WE

PRESENT:

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.

HEREAS by an Act of Parliament made and passed in the Session of Parliament holden in the thirty-third and thirty-fourth years of the reign of Her present Majesty, intituled: "An Act for amending the law relating to the Extradition of Criminals," it was amongst other things enacted, that where an arrangement has been made with any foreign State with respect to the surrender to such State of any fugitive criminals, Her Majesty may, by Order in Council, direct that the said Act shall apply in the case of such foreign State; and that Her Majesty may, by the same or a subsequent Order, limit the operation of the Order, and restrict the same to fugitive criminals who are in or suspected of being in the part of Her Majesty's dominions specified in the Order, and render the operation thereof subject to such conditions, exceptions and qualifications as may be deemed expedient:

And whereas a Treaty was concluded on the thirteenth day of November, one thousand eight hundred and seventytwo, between Her Majesty and the Emperor of Brazil, for

the

Extradition Treaty with Emperor of Brazil.

the Mutual Extradition of Fugitive Criminals, which Treaty is in the terms following:

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the Emperor of Brazil, having judged it expedient, with a view to the better administration of justice, and to the prevention of crime within their respective territories and jurisdictions, that persons accused or convicted of the crimes hereinafter enumerated, being fugitives from justice, should under certain circumstances be reciprocally delivered up, have resolved to name their Plenipotentiaries for the celebration of a Treaty for this purpose, that is to say :

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, George Buckley Matthew, Esquire, Companion of the Most Honorable Order of the Bath, Her Envoy Extraordinary and Minister Plenipotentiary to His Majesty the Emperor of Brazil;

And His Majesty the Emperor of Brazil, the Marquis of S. Vicente, a Counsellor of State, Dignitary of the Order of the Rose, Senator and Grandee of the Empire;

Who, having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following Articles:

ARTICLE I.

The High Contracting Parties engage to deliver up, reciprocally, those persons who, being accused or convicted of having committed crime in the territory of the one Party, shall be found within the territory of the other, under the circumstances and conditions that are laid down in the present Treaty.

ARTICLE II.

The crimes for which extradition shall be granted are the following:

1. Murder, or attempt to murder ;

2. Manslaughter;

3. Illegal fabrication, counterfeiting or falsification, uttering or bringing into circulation counterfeit or falsified money; 4. Forgery or imitation, counterfeiting or falsification, of any document or paper) comprising the crimes designated in the criminal code of Brazil as imitation, counterfeiting, or falsification of paper money, notes of banks, or other securities public or private, as well as the intentional use or the bringing into circulation of any papers imitated, counterfeited, or falsified;

5. The purloining, or embezzlement, of moneys or effects, public or private, by abuse of confidence;

Extradition Treaty with Emperor of Brazil.

6. Frauds or false or fraudulent pretences, to obtain moneys or effects from another;

7. Bankruptcies subject to criminal prosecution, according to the laws applicable thereunto;

8. Malversation, or fraud, committed by a bailee, banker, agent, factor, trustee, or director, or member, or officer of any Company, made criminal by any law in force;

9. Rape by force or threats;

10. Abduction;

11. Child-stealing;

12 House-breaking, with intent to steal, or to commit other crimes;

13. Crimes resulting from the act of wilfully setting fire to a house, or to buildings connected therewith, to the prejudice of another;

14. Robbery with violence;

15. Piracy according to the law of nations;

16 Sinking or destroying a vessel on the high seas, or the attempt to perpetrate such acts;

17. Crimes arising from assault on board a ship on the high seas, with intent to cause death or grievous bodily injuries;

18. Crimes arising from the revolt of two or more persons on board a ship on the high seas, against the authority of the captain:

19. Extradition will also take place for the participation in any of the above-named crimes, provided that such participation shall be punishable by the laws of both the States of the High Contracting Powers.

ARTICLE III.

No British subject shall be delivered up by the Government. or authorities of the United Kingdom to the Government or authorities of the Empire; and in like manner no Brazilian subject shall be delivered up by the Government or authorities of the Empire to the Government or authorities of the United Kingdom.

If, however, the person who has taken refuge in the territory of the other High Contracting Party shall have become naturalized there after the perpetration of the crime, such naturalization shall not be an obstacle to his extradition according to the stipulations of this Treaty.

ARTICLE IV.

The extradition shall not take place if the person claimed has already been tried and acquitted, or punished, or if he is under trial for the same crime for which extradition is asked.