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administer the customs in accordance with the contract securing said loan, and will give this official full protection in the exercise of his functions. The Government of the United States, should the circumstances require, will in turn afford such protection as it may find requisite.
This convention shall be ratified and the ratifications hereof shall be cxchanged at Managua as soon as possible.
In faith whereof, the respective plenipotentiaries have signed the present convention in the English and Spanish languages and have hereunto affixed their seals.
Done in duplicate, at Washington, this sixth day of June, one thousand nine hundred and eleven. [SEAL.]
PHILANDER C. Knox. [SEAL.]
EXTRADITION TREATY BETWEEN THE UNITED KINGDOM AND PARAGUAY.1
Signed at Asuncion, September 12, 1908; ratifications exchanged at
Asuncion, January 30, 1911. His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, and His Excellency the President of the Republic of Paraguay, having determined, by common consent, to conclude a treaty for the extradition of criminals, have accordingly named as their plenipotentiaries:
His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, Cecil Gosling, Esquire, his Chargé d'Affaires in the Republic of Paraguay;
And His Excellency the President of the Republic of Paraguay, his Excellency Doctor Eusebio Ayala, Minister for Foreign Affairs of the Republic of Paraguay;
Who, after having exhibited to each other their respective full powers and found them in good and due form, have agreed upon the following articles :
1 Great Britain, Treaty Series, 1911, No. 19.
The high contracting parties engage to deliver up to each other, under certain circumstances and conditions stated in the present tieaty, those persons who, being accused or convicted of any of the crimes or offences enumerated in Article 2, committed in the territory of the one party, shall be found within the territory of the other party.
Extradition shall be reciprocally granted for the following crimes or offences :
1. Murder, or attempt or conspiracy to murder. 2. Manslaughter.
3. Administering drugs or using instruments with intent to procure the miscarriage of women.
5. Carnal knowledge, or any attempt to have unlawful carnal knowledge of a girl under the age of 16 years, so far as such acts are punishable by the law of the state upon which the demand is made.
6. Indecent assault.
13. Threats, by letter or otherwise, with intent to extort money or other things of value.
15. Burglary or house-breaking, robbery with violence, larceny, or embezzlement.
16. Fraud by a bailee, banker, agent, factor, trustee, director, member, or public officer of any company.
17. Obtaining money, valuable security, or goods by false pretences; receiving any money, valuable security, or other property, knowing the same to have been stolen or unlawfully obtained.
18. (a) Counterfeiting or altering money, or bringing into circulation counterfeited or altered money.
(b) Knowingly making, without lawful authority, any instrument, tool, or engine, adapted and intended for the counterfeiting of the coin of the realm.
19. Forgery, or uttering what is forged. 20. Crimes against bankruptcy law.
21. Any malicious act done with intent to endanger the safety of any persons travelling or being upon a railway.
22. Malicious injury to property, if such offence be indictable.
23. Piracy and other crimes or offences committed at sea against persons or things which, according to the laws of the high contracting parties, are extradition offences.
24. Dealing in slaves in such manner as to constitute a criminal offence against the laws of both states.
With regard to the effect of this last paragraph, as the Paraguayan Penal Code does not consider slave-dealing, it is declared by the present treaty that that act is considered as piracy and subject to the penalties of that offence.
Extradition shall also be granted for participation in any of the aforesaid crimes, provided such participation be punishable by the laws of both contracting parties.
Extradition may also be granted at the discretion of the state applied to in respect of any other crime for which, according to the law of both the contracting parties for the time being in force, the grant can be made.
ARTICLE III. Neither party is obliged to surrender its own subjects or citizens to the other party.
ARTICLE IV. Extradition shall not take place if the person claimed on the part of His Britannic Majesty's Government, or of the Government of Paraguay, has already been tried and discharged or punished, or is awaiting trial in the territory of the United Kingdom or in the Republic or Paraguay respectively for the crime for which his extradition is demanded.
If the person claimed on the part of His Britannic Majesty's Government, or of the Government of Paraguay, should be awaiting trial or undergoing sentence for any other crime in the territory of the United Kingdom or the Republic of Paraguay respectively, his extradition shall be deferred until after he has been discharged, whether by acquittal or on expiration of sentence, or otherwise.
Extradition shall not be granted if exemption from prosecution or punishment has been acquired by lapse of time, according to the laws of the state applying or applied to.
Neither shall it be granted if, according to the law of either country, the maximum punishment for the offence charged is imprisonment for less than one year.
A fugitive criminal shall not be surrendered if the offence in respect of which his surrender is demanded is one of a political character, or if Le proves that the requisition for his surrender has, in fact, been made with a view to try or punish him for an offence of a political character.
A person surrendered shall in no case be kept in prison or be brought to trial in the state to which the surrender has been made for any other crime, or on account of any other matters, than those for which the extradition shall have taken place, until he has been restored, or has had an opportunity of returning, to the state by which he has been surrendered.
This stipulation does not apply to crimes committed after the extradition.
The requisition for extradition shall be made through the diplomatic agents of the high contracting parties respectively.
The requsition for the extradition of an accused person must be accompanied by a warrant of arrest issued by the competent authority of the state requiring the extradition, and by such evidence as, according to the laws of the place where the accused is found, would justify his arrest if the crime had been committed there.
If the requisition relates to a person already convicted, it must be accompanied by a copy of the judgment passed on the convicted person by the competent court of the state that makes the requisition for extradition.
A sentence passed in contumacion is not to be deemed a conviction, but a person so sentenced may be dealt with as an accused person.
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.
ARTICLE X. A criminal fugitive may be apprehended under a warrant issued by any competent authority in either country, on such information or com-plaint, and such evidence, or after such proceedings, as would, in the opinion of the authority issuing the warrant, justify the issue of a warrant if the crime had been committed or the person convicted in that part of the dominions of the two contracting parties in which the said authority exercises jurisdiction ; but the arrested fugitive shall be sent as speedily as possible before the competent magistrate of the country where he is arrested.
He shall, in accordance with this article, be discharged, as well in the Republic of Paraguay as in the United Kingdom, if within the terms of sixty days a requisition for extradition shall not have been made by the diplomatic agent of his country in accordance with the stipulations of this treaty. The same rule shall apply to the cases of persons accused or convicted of any of the crimes or offences specified in this treaty, and committed on the high seas on board any vessel of either country which may come into a port of the other.
The extradition shall take place 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, in case the crime had been committed in the territory of the same state, or if extradition is claimed in respect of an offence of which the fugitive has been already convicted, to prove that the prisoner is the person convicted, and that the crime of which he has been convicted is one in respect of which extradition could, at the time of such conviction, have been granted by the state applied to.
ARTICLE XII. The extradition of fugitives under the provisions of this treaty shall be carried out in His Britannic Majesty's dominions and in the Republic of Paraguay respectively, in conformity with the laws regulating extradition for the time being in force in the surrendering state.