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.

ARTICLE XI.

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.

ARTICLE XIII.

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.

ARTICLE XIV.

If the individual claimed by one of the high contracting parties in pursuance 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.

ARTICLE XV.

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.

ARTICLE XVI.

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.

ARTICLE XVII.

All expenses connected with extradition shall be borne by the demanding state.

ARTICLE XVIII.

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.

ARTICLE XIX.

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 XX.

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:

ARTICLE I.

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.

ARTICLE II.

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.

6. Arson.

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.