A.—2

70

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 bo 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 boon set at liberty in clue course of law. In case such individual should be proceeded against or detained in the country in which be 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 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 tho gravity of the crimes committed or for any other reason. Article VII. 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 is connected with a crime of that nature, or if he prove that the requisition for his surrender has, in fact, been made with a view to try and punish him for an offence of a political character. Article VIII. A person surrendered can 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. This stipulation does not apply to crimes committed after the extradition. Article IX. The requisition for extradition must always be made by the way of diplomacy, and, to wit, in Switzerland, by the British Minister to the President of the Confederation, and in the United Kingdom to the Secretary of State for Foreign Affairs by the Consul-General of Switzerland, who, for the purposes of this Treaty, is hereby recognized by Her Majesty as a Diplomatic Representative of Switzerland. The requisition 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 tho 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 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 X. 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, together with such evidence or after such judicial proceedings as would in the opinion of the officer issuing the warrant justify its issue if the crime had been committed 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. Such requisition may be made by means of the post or by telegraph. The accused shall, however, be discharged if within such reasonable time as with reference to the circumstances of the case the Police Magistrate may fix, the requisition shall not have be m made according to the stipulations contained in Article IX. Article XL The extradition shall not take place before the expiration of fifteen days from the apprehension, and then 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 said State, or to prove that the prisoner is the identical person convicted by the Courts of the State which makes the requisition.