Extradition Treaty with Emperor of Brazil.

If he should be under trial for any other crime, his extradition shall be deferred until the conclusion of the trial, and the fulfilment of the punishment, when such may have been awarded.

ARTICLE V.

The extradition shall also not take place if, after the perpetration of the crime, or the institution of the penal prosecution, or the conviction thereon, the refugee shall have acquired exemption from prosecution or punishment by lapse of time, according to the laws of the State appealed to.

ARTICLE VI.

The person claimed shall not be delivered up for crimes of a political character, and when he shall have been delivered up on other grounds he shall not be punished for anterior political crimes. He shall not, moreover, be delivered up if he can clearly prove that the requisition is made with the object of trying him or of punishing him for a political crime.

ARTICLE VII.

A person surrendered cannot be kept in prison, or brought to trial, in the State to which the surrender is made, for any other crime, or on account of any other matters, than those for which the extradition has been granted. This statement is not applicable to crimes committed after the extradition.

ARTICLE VIII.

If the person whose extradition is demanded by one of the High Contracting Parties shall be also claimed by one or more other Governments, on account of crimes committed in their respective territories, the following rule shall be observed:

If he shall be a subject of the High Contracting Party who claims him, the surrender shall be made to it. If he be not so, the other High Contracting Party shall have the power of delivering him up to the reclaiming Government which in the case in question may appear to the former best entitled to the preference.

ARTICLE IX.

A requisition for extradition shall be made through the respective Diplomatic Agents of the High Contracting Powers.

When

Extradition Treaty with Emperor of Brazil.

When it relates to a person accused only, it must be accompanied by the warrant of arrest, issued by the competent authority of the State applying for it, and by such evidence as according to the laws of the place where the accused is found, would justify the arrest if the crime was there committed.

If the extradition refers to a person already convicted, the application must be accompanied by a copy of the sentence of condemnation passed against him, given by a competent Tribunal of the State making the requisition.

The requisition cannot, however, be founded on a sentence passed in contumaciam, that is to say, when the delinquent has not been personally cited to defend himself.

ARTICLE X.

If the requisition has been in conformity with the foregoing stipulations, the competent authorities of the State to which it has been addressed shall proceed to the capture of the refugee. The prisoner shall be brought before a competent authority, who is to examine him, and conduct the preliminary investigations of the case just as if the apprehension had taken place for crime committed in the same country.

ARTICLE XI.

The extradition shall in no case take place before the expiration of fifteen days, counted from the apprehension, and after that delay it shall only be carried out when the evidence has been found sufficient, according to the laws of the country applied to, either for subjecting the prisoner to trial, if the crime had been there committed, or to prove the identity of the person convicted and condemned by the Tribunals of the State making the requisition.

ARTICLE XII.

In the examinations which are to be made in conformity with the foregoing stipulations, the authorities of the State to which application is made, shall admit as valid evidence the sworn depositions or declarations of witnesses, which were taken in the other State, or the respective copies thereof as well as the judicial documents, warrants, or sentences, transmitted therefrom, provided they are signed or certified by the hand of the judge, magistrate, or public officer of that State, and authenticated, either by the oath of some witness, or by the official seal of the Minister of Justice or some other Minister of State.

ARTICLE

Extradition Treaty with Emperor of Brazil.

ARTICLE XIII.

If within two months counting from the date of arrest sufficient evidence for the extradition shall not have been presented, the person arrested shall be set at liberty. He shall likewise be set at liberty if, within two months of the day on which he was placed at the disposal of the Diplomatic Agent, he shall not have been sent off to the reclaiming country.

ARTICLE XIV.

All the articles found in the possession of the person demanded, at the time of his apprehension, shall be seized in order to their delivery with him, when his extradition shall take place.

This delivery shall not be limited to effects or articles robbed, stolen, or obtained by other crimes, but shall extend to all that might serve as evidence of the crime; it shall be made even when the extradition could not be made after orders to that effect, on account of the flight or death of the person claimed.

ARTICLE XV.

The High Contracting Parties renounce whatever claims they may have for the reimbursement of the expenses incurred for the apprehension and maintenance of the persons to be delivered up, and for their conveyance until they shall be placed on board ship, as they agree to defray these outgoings in their respective countries.

ARTICLE XVI.

The stipulations of the present Treaty shall apply to the colonies and other possessions of Her Britannic Majesty. The requisition for the surrender shall be made to the Governor, or to the chief authority, in the Colony or Possession, by the highest Consular Agent of Brazil.

The surrender shall be made by the Governor or the chief authority, who shall, however, have the power either to make it, or to refer the matter to his Government.

Both in the requisitions and in the surrender, the conditions established by the foregoing Articles of this Treaty shall be, as far as may be possible, adhered to.

As Her Britannic Majesty has the power to adopt special arrangements in the Colonies and possessions, respecting the delivering up of delinquents, Her Majesty will facilitate the reclamations of Brazil in this respect, as far as may be possible, with due regard, however, to the provisions of this Treaty.

ARTICLE

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Extradition Treaty with Emperor of Brazil.

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ARTICLE XVII.

The present Treaty shall come into force ten days after its publication, and in conformity with the forms prescribed erty. ths of ty the laws of the countries of the High Contracting Parties, Diplort will remain in force until one of these shall give notice recla or its termination, but it shall then remain in force for six

"nonths counted from the date of this notification.

This Treaty shall be ratified, and the ratifications exchanged in Rio de Janeiro, within three months, or sooner if possible.

e pers In witness whereof the respective Plenipotentiaries have seized signed the present Treaty, and have affixed thereto the seal ion shof their arms.

Done at Rio de Janeiro, on the thirteenth day of the month artick of November, of the year of Our Lord Jesus Christ one thouIl extesand eight hundred and seventy-two.

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The undersigned Plenipotentiaries of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and of His Majesty the Emperor of Brazil, charged with clair making a Treaty for the extradition of criminals, upon which pens they have at this present agreed, having met in conference hep took into their consideration the following subjects :il the

They directed their attention to the fact that the criminal y the law of England punishes the crime of infanticide with the same penalty as that of murder, when accompanied by corresponding circumstances, and that it results therefrom that extradition should take place even for attempting to commit that crime.

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On the other hand they observed, that according to the Brazilian law, infanticide is not punished as murder, nor even as manslaughter, but as a crime distinct from both, and by a minor punishment, and that consequently extradition should not take place for the attempt.

They consequently resolved to declare that extradition er shall solely take place for the crime of infanticide, and not for an attempt to commit that crime.

With this declaration they agreed to close this conference, from which the present Protocol emanates, which being found in conformity, was signed, each having a copy thereof.

Done in the City of Rio de Janeiro, the thirteenth day of November of 1872.

Extradition Treaty with Emperor of Brazil.

And whereas the ratifications of the said Treaty were exchanged at Rio de Janeiro on the twenty-eighth day of August last.

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 first day of December, one thousand eight hundred and seventy-three, the said Act shall apply in the case of the said Treaty with the Emperor of Brazil.

EDMUND HARRISON.

TREATY BETWEEN HER MAJESTY AND THE EMPEROR OF AUSTRIA, &c.

At the Court at Windsor, the 17th day of March, 1874.

PRESENT:

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS 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 any 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 third day of December last, between Her Majesty and the Emperor of Austria, King of Bohemia, &c., &c., and Apostolic King of Hungary, for 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 Austria, King of Bohemia, &c., &c., and Apostolic King of Hungary, having judged it expedient, with a view to the

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