Extradition Treaty with King of the Netherlands. If the requisition relates to a person already convicted, it must be accompanied by the sentence of condemnation passed against the convicted person by the competent court of the State that makes the requisition for extradition. A requisition for extradition cannot be founded on sentences passed in contumaciam. 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, according to the laws of the country in which he is found." ARTICLE X. The extradition shall not take place before the expiration of fifteen days from the commiftal, and then only if the evidence produced in due time be found sufficient according to the laws of the State applied to. ARTICLE XI. A fugitive criminal may, however, 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 he 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 the Netherlands if within fourteen days, a requisition shall not have been made for his surrender by the Diplomatic Agent of his country. ARTICLE XII. If, in any criminal matter, pending in any Court or tribunal of one of the two countries, it is thought desirable to take the evidence of any witness in the other, such evidence may be taken by the judicial authorities in accordance with the laws in force on this subject in the country where the witness may be. ARTICLE Extradition Treaty with King of the Netherlands. ARTICLE XIII. 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 everything that may serve as a proaf of the crime. ARTICLE XIV. The High Contracting Parties renounce any claim for the reimbursement of the expenses incurred by them in the arrest and maintenance of the person to be surrendered, and his conveyance till placed on board ship, as well as for the reimbursement of the expenses incurred in taking the evidence of any witness in consequence of Article XII, and in giving up and returning seized articles. They recipro cally agree to bear such expenses themselves. 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. The Treaty shall be ratified, and the ratifications shall be exchanged at the Hague as soon as possible. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms. Done at the Hague, the nineteenth day of June, in the year of Our Lord One thousand eight hundred and seventyfour. And whereas the ratifications of the said Treaty were exchanged at The Hague on the twenty-first day of July 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 seventeenth day of August, one thousand eight hundred and seventy-four, the said Act shall apply in the case of the said Treaty with the King of the Netherlands. ARTHUR HELPS. TREATY Extradition Treaty with Swiss Confederation. TREATY BETWEEN HER MAJESTY AND THE SWISS CONFEDERATION. At the Court at Osborne House, Isle of Wight, the 4th day of February, 1875. 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 thirtyfourth 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 thirty-first day of March last between Her Majesty and the Swiss Confederation, 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 the Swiss Confederation, 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 charged with, or convicted of, the crimes hereinafter enumerated, and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up, have named as their Plenipotentiaries to conclude a Treaty for this purpose, that is to say : Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Alfred Guthrie Graham Bonar, Esq., Her Envoy Extraordinary and Minister Plenipotentiary to the Swiss Confederation; And the Federal Council of the Swiss Confederation, Joseph Martin Knusel, Member of the Swiss Federal Council; Who, after having communicated to each other, their respective full powers, found in good and due form, have agreed upon and concluded the following Articles : ARTICLE Extradition Treaty with Swiss Confederation. ARTICLE I. The High Contracting Parties engage to deliver up to each other those persons who, being accused or convicted of a crime committed in the territory of the one Party, shall be found within the territory of the other Party under the circumstances and conditions stated in the present Treaty. ARTICLE II. The crimes for which the extradition is to be granted are the following: . 1. Murder (including infanticide) and attempt to murder; 2. Manslaughter; 8. Counterfeiting or altering money, uttering or bringing into circulation counterfeit or altered money; 4. Forgery, or counterfeiting, or altering, or uttering what is forged, or counterfeited, or altered; comprehending the crimes designated in the Penal Codes of either State as counterfeiting or falsification of paper money, bank notes, or other securities, forgery, or other falsification of other public or private documents; likewise the uttering or bring. ing into circulation, or wilfully using such counterfeited, forged or falsified papers; 5. Embezzlement or larceny; 6. Obtaining money or goods by false pretences; 7. Crimes against bankruptcy law; 8. Fraud committed by a bailee, banker, agent, factor, trustee, or director, or member, or public officer of any Company made criminal by any law for the time being in force; 9. Rape; 10. Abduction of minors; 11. Child stealing or kidnapping; 12. False imprisonment; 13. Burglary, or housebreaking, with criminal intent; 14 Arson; 15. Robbery with violence; 16. Threats by letter or otherwise with intent to extort; 17. Perjury or subornation of perjury; 18. Malicious injury to property, if the offence be indict able: The extradition is also to take place for participation in any of the aforesaid crimes, as an accessory before or after the fact. ARTICLE III. No Swiss shall be delivered up by Switzerland to the Government Extradition Treaty with Swiss Confederation. Government of the United Kingdom; and no subject of the United Kingdom shall be delivered up by the Government thereof to Switzerland. ARTICLE IV. The extradition shall not take place if the person claimed on the part of the Government of the United Kingdom, or the person claimed on the part of the Swiss Government, has already been tried and discharged or punished, or is still under trial, in one of the Swiss Cantons or in the United Kingdom respectively, for the crime for which his extradition is demanded. If the person claimed on the part of the Government of the United Kingdom, or if the person claimed on the part of the Swiss Government should be under examination or have been condemned for any other crime, in one of the Swiss Cantons or in the United Kingdom respectively, his extradition may be deferred until he shall have been set at liberty in due course of law. In case such individual should be proceeded against or detained in the country in which he has taken refuge, on account of obligations contracted towards private individuals, his extradition shall, nevertheless, take place,-the injured party retaining his right to prosecute his claims before the competent authority. ARTICLE V. The extradition shall not take place if, subsequently to the commission of the crime, or of the institution of the penal prosecution, or the conviction thereon, exemption from prosecution or punishment has been acquired by lapse of time, according to the laws of the State applied to. ARTICLE VI. If the individual claimed by one of the two 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 arrangement should be made between the Governments which have claimed him, either on account of the gravity of the crimes committed, or for any other reason. ARTICLE VII. A fugitive criminal shall not be surrendered if the offence 3 |