The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-02-22
EXTRACTION.
TEXT OF THE TREATY BETWEEN SPAIN AND
THE UNITED STATES.

TEXT OF THE TREATY BETWEEN SPAIN AND
THE UNITED STATES.
WASHINGTON, Feb. 81. ISL
The Publications OF the Extradition Convention be-
tween the United States and Spain having been ex-
changed the President has made proclamation OF the
same
is agreed that the OF the Cntod States
and the government o! Spain shall, upon mutual
requison duly made, denver UP to justice all persons
who may be charged with who have been
convicted OF any OF the crimes specified In
the convention. committed within the jurls-
diction o. one OF the contracting parties
while persons actually within such urisdic
ton wnen the crime committed, and who shall
seek asylum shall DO found within the terrific
res OF the other provided thai such surrender shall
take place only upon evidence OF criminality as,
according 70 The laws OF the place where tho fugitive
person charged shall be found would justify his
apprehension for trial If the crime
offence had been there committed.
ARTICLE 2-Persons shall be delivered up, according
to the PROVISIONS of this Convention, who shall have
been charged with or convicted OF any OF the following
crimcs:-
Murder, compromising the crimes designated
by the terms OF parricide ASSASSINATION, poisoning or
inlanticide.
p The attempt TO commit murder.
Rape.
4 Arson.
s. Piracy mutiny board ship when the crew or
or violence against the commander taken possession
OF the vessel.
O. Burglary, defined to be the act OF breaking and
entering into the house OF another In the night time
with intent commit felony therein.
Z The act Of breaking and entering the ofAces OF
the government and public authorities. or the Offices
OF banks banking houses, savings banks, trust com
panes or insurance companies, with intent TO commit
g. Robbery defined 10 be the feionious and iorcible
taking from the person OF another goods or money BY
violence or by putting him IN fear
g. Forgery the utleranCe OF forged
TO- The forgery !asihcat,on OF tho official acts OF
the govern or public authority. including courts
of justice the uterng or fraudulent use OF any Of
the same
II. The fabrication OF counterfeit money whether
paper, counterfeit titles or coupons OF public
debt, bank notes other instruments OF public credit;
OF counterfeit seals, stamps, dies and marks OF State
public administrator and the utterance, circulation
or fraudulent use OF any OF The aforementioned OBJ
jecls
within the jurisdiction OF ono or The other party by
public officers or dcpositaries
Is Erbezzlement by any person or persons, hired
or salarcd TO The detrfnent oil Their employers when
these crimes are subject TO infamous punishment.
IA. Kidnapping defined 20 be the detention OF per.
or persons IN order TO exact money from them or
tor any other unlawful end
ART. 3-rhe PROVISIONS oil this convention shall not
import claim Of extradition Tor any crime offence
OF political character Tor acts connected with
such crimes offences and no person surrendered by
or 10 eitner OF the contracting parties N virtue OF this
convention shall bc tried or punished FOE any political
offence nor tor any act connected Herewith
ommtted previously To the oxtraditiop.
virtue Of this convention for any crime or offence
committed previous TO the exchange of the Publications
hereof; and person shall be tried tor any
offence other than hut for which he surrendered
unless such crime be ono OF those enumerated
Gle 2, and shall have been committed subsequent to
exchange OF the ratncaons hereof
ART. "a fugitive criminal shall not be surrendered
the provisions hereof when from lapse OF timc
other lawful cause, according to the laws OF tho
place within the jurisdiction OF which the crime
committed, The criminal IS exempt IRON prosecution
punishment tor the offence Tor which the surrender
asked
ART. IA fugitive criminal whose surrender may be
claimed pursuant to the stipuations hereof who may
be actually under prosecution out on bail in Gus
tody for a crime or offence committed in the country
where he has sought ASYLUM or shall have been con.
vcted thereof, his extradon may be deferred until
such proceedings be determined and until such crmi-
nal has been set at liberty due course OF law
ART Ill fugitive claimed by one OF the parties
hereto shall be also claimed by ono or moro Powers,
pursuant TO treaty PROVISIONS on account OF crimes
committed within their Jurisdiction, such criminal
shall DO delivered IN preference IN accordance with
that demand which is the earliest IN date.
ART. s.-Nenhcr Of the contracting parties shall be
bound TO deliver up its own citizens subjects under
the stipuatlons OF this convention.
ART o. The expenses OF the arrest, detention. ex-
animation and transportation Of the accused shall be
paid by the government which has preferred the de-
mand Tor extraditi0n.
ART. lo.-Evcrythng found in the possession Of tho
fugitive criminal at the time OF his arrest which
be material evidence in making proof OF the
crime shall. SO far AS practicable, be delivered mp
with his person ut the limo Of his surrender Nevert
less the rights OF third party with rcgardo the art-
cles aforesaid shall DO duly respected
ART 1.-the stipulatOnS OF this convention shall DO
applicable to all foreign or colonial possessions Of
either OF the two contracting parties acquisitions for
the surrender OF ugtives IRON justice shall be made
by respective diplomatic OF the contracting
parties In tho event OF the absence OF such agents
from the country or its seat OF government whore
ex-adIon Is sought from colonial POSSESSION OF tho
contracting partes requisition may be made by supe
consular officers. II snail be competent for such
representatives such superior consular officers to
ask and obtain mandate or preliminary warrant Of
arrest tor the person whose surrender Is sought;
whereupon the judges ana magistrates oil The
two governments shall respectively have power and
authority upon complaint made under oath,
n warrant tor the apprehension OF
the person charged, in order that he or she
may DO brough. before such judge magistrate that
sidcrcd such hearing the evidence be deemed
sufficient sustain tue charge 1t shall DO the duty OF
the examining judge or magistrate to certify the same
to the proper executive authority, that warrant may
issue for the surrender Of the fugitive Ir the
fugitive criminal shall have been convicted Of the
for which his surrender Is asked copy OF the
sentence OF the court before which such conviction
took place, duly authenticated shall be produced. II,
however, the fugitive Is merely charged with crime,
duly authenticated copy OF the warrant of the
country where the crime commute and oil the dep
ositIons upon which such warrrnt may have been
issued shall be produced, with such other evidence
proof as may be compctent to the case.
ART. 12.-rhis convention shall continue In force
February 2l-lhercol, but either party may at any
time nate the same on giving to the other six
months notice oil It's intention SO 10 do.
In testimony whereof the respective plenipot ent.
aries have signed the present convention tripcatc
and have hereunto affixed Lher seals
Done at the city Of Madrid in tripcae, English and
Spanish, this 5th day of January, the year OF
Lord 1877. CALEB CUSHING.
FEKNDO CALDERON COLLANTES