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In the examination which they have to make in accordance with the foregoing stipulations, the authorities of the state applied to shall admit. as valid evidence the sworn depositions or the affirmations of witnesses taken in the other state, or copies thereof, and likewise the warrants and sentences issued therein, and certificates of, or judicial documents stating, the fact of a conviction, provided the same are authenticated as follows: 1. A warrant must purport to be signed by a judge, magistrate, or officer of the other state.
2. Depositions or affirmations, or the copies thereof, must purport to be certified, under the hand of a judge, magistrate, or officer of the other state, to be the original depositions or affirmations, or to be true copies thereof, as the case may require.
3. A certificate of, or judicial document stating, the fact of a conviction must purport to be certified by a judge, magistrate, or officer of the other state.
4. In every case such warrant, deposition, affirmation, copy, certificate, or judicial document must be authenticated, either by the oath of some witness, or by being sealed with the official seal of the minister of justice, or some other minister of the other state; but any other mode of authentication for the time being permitted by the law of the country where the examination is taken may be substituted for the foregoing.
f the individual claimed by one of the high contracting parties in rsuance of the present treaty should be also claimed by one or several cther Powers on account of other crimes or offences committed upon their respective territories, his extradition shall be granted to the state whose demand is earliest in date.
If sufficient evidence for the extradition be not produced within ninety days from the date of the apprehension of the fugitive or within such further time as the state applied to, or the proper tribunal thereof, shall direct, the fugitive shall be set at liberty.
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 of such articles, 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 proof of the crime.
All expenses connected with extradition shall be borne by the demanding state.
The stipulations of the present treaty shall be applicable to the colonies and possessions of His Britannic Majesty, so far as their local laws permit; for which purpose His Majesty's Government shall be at liberty to make special arrangements with them for the surrender of criminals to l'araguay in accordance with the terms of the treaty.
The requisition for the extradition of a criminal, who has taken refuge in one of the British colonies or possessions, shall be addressed to the governor or chief authority of the same by the senior local Paraguayan consular officer, or failing him, by the ministry for foreign affairs.
The governor, or authority referred to, will deal with the demand in accordance with the provisions of the present treaty, and to the extent permitted by the local laws but he will be at liberty either to surrender the criminal or to refer the case to the British Government.
As regards demands for the surrender of criminal fugitives from British colonies and possessions, they will be governed by the rules laid down in the present treaty.
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.
The present treaty shall come into force ten days after its publication, in conformity with the form prescribed by the laws of the high contracting parties. It may be terminated by either of the high contracting parties by a notice not exceeding one year and not less than six months.
It shall be ratified, and the ratifications shall be exchanged at Asuncion as soon as possible.
In witness whereof the respective plenipotentiaries have signed the same, and affixed thereto their respective seals.
Done in duplicate at Asuncion the twelfth day of September, nineteen hundred and eight.
TREATY OF EXTRADITION BETWEEN THE UNITED STATES OF AMERICA AND EL SALVADOR.1
Signed at San Salvador, April 18, 1911; ratifications exchanged at San Salvador, July 10, 1911.
The United States of America and the Republic of El Salvador having judged it expedient, with a view to the better administration of justice and the prevention of crime within their respective territories and jurisdictions, that persons charged with or convicted of the crimes and offenses hereinafter enumerated, and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up, have resolved to conclude a treaty for that purpose, and have appointed as their plenipotentiaries
The President of the United States of America, William Heimké, Envoy Extraordinary and Minister Plenipotentiary of said United States, at San Salvador, and the President of the Republic of El Salvador, Don Manuel Castro Ramírez, Under Secretary of State in the Department of Foreign Relations, 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:
It is agreed that the Government of the United States and the Government of El Salvador shall, upon mutual requisition duly made as herein provided, deliver up to justice any person who may be charged with, or may have been convicted of any of the crimes specified in Article
1 U. S. Treaty Series, No. 560.
II of this treaty committed within the jurisdiction of one of the contracting parties, who shall seek an asylum or shall be found within the territories of the other, provided that such surrender shall take place only upon such evidence of criminality, as according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial if the crime or offense had been there committed.
Persons shall be delivered up according to the provisions of this treaty, who shall have been charged with or convicted of any of the following crimes:
1. Murder, comprehending the crimes designated by the terms of parricide, assassination, manslaughter when voluntary; poisoning or infanticide.
2. The attempt to commit murder.
3. Rape, abortion, carnal knowledge of children under the age of twelve years.
4. Mayhem and other wilful mutilation causing disability or death. 5. Bigamy.
7. Wilful and unlawful destruction or obstruction of railroads, which endangers human life.
8. Crimes committed at sea:
(a) Piracy, as commonly known and defined by the law of nations, or by statute;
(b) Wrongfully sinking or destroying a vessel at sea or attempting to do so;
(c) Mutiny or conspiracy by two or more members of the crew or other persons on board of a vessel on the high seas, for the purpose of rebelling against the authority of the captain or commander of such vessel, or by fraud or violence taking possession of such vessel;
(d) Assault on board ships upon the high seas with intent to do bodily harm.
9. Burglary, defined to be the act of breaking into and entering the house of another in the night time with intent to commit a felony therein.
10. The act of breaking into and entering the offices of the government and public authorities, or the offices of banks, banking houses, savings banks, trust companies, insurance companies, or other buildings not dwellings, with intent to commit a felony therein.
11. Robbery, defined to be the act of feloniously and forcibly taking from the person of another, goods or money by violence or by putting him in fear.
12. Forgery or the utterance of forged papers.
13. The forgery or falsification of the official acts of the government or public authority, including courts of justice, or the uttering or fraudulent use of any of the same.
14. The fabrication of counterfeit money, whether coin or paper, counterfeit titles or coupons of public debt, created by national, state, provincial, territorial, local or municipal governments, banknotes or other instruments of public credit, counterfeit seals, stamps, dies and marks of state or public administrations, and the utterance, circulation or fraudulent use of the above mentioned objects.
15. Embezzlement or criminal malversation committed within the jurisdiction of one or the other party by public officers or depositaries, where the amount embezzled exceeds two hundred dollars (or Salvadorean equivalent).
16. Embezzlement by any person or persons hired, salaried or employed, to the detriment of their employers or principals, when the crime or offence is punishable by imprisonment or other corporal punishment by the laws of both countries, and where the amount embezzled exceeds two hundred dollars (or the Salvadorean equivalent).
17. Kidnapping of minors or adults, defined to be the abduction or detention of a person or persons, in order to exact money from them or their families, or for any other unlawful end.
18. Larceny, defined to be the theft of effects, personal property, horses, cattle, or live stock, or money, of the value of twenty-five dollars (or Salvadorean equivalent) or more, or receiving stolen property, of that value, knowing it to be stolen.
19. Obtaining money, valuable securities or other property by false pretences or receiving any money, valuable securities or other property, knowing the same to have been unlawfully obtained, where the amount of money or the value of the property so obtained or received exceeds two hundred dollars (or Salvadorean equivalent).
20. Perjury or subornation of perjury.
21. Fraud or breach of trust by a bailee, banker, agent, factor, trustee, executor, administrator, guardian, director or officer of any company or corporation, or by any one in any fiduciary position, where the amount. of money or the value of the property misappropriated exceeds two hundred dollars (or Salvadorean equivalent).