67

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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 Charge 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 :— Article 1. The high contracting parties engage to deliver up to each other, under certain circumstances and conditions stated in the present treaty, 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. Article 2. 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. (4.) Rape. (5.) Carnal knowledge, or any attempt to have unlawful carnal knowledge of a girl under the age of sixteen years, so far as such acts are punishable by the law of the State upon which the demand is made. (6.) Indecent assault. (7.) Kidnapping and false imprisonment, child-stealing. (8.) Abandoning, exposing, or detaining children. (9.) Abduction. (10.) Bigamy. (11.) Maliciously wounding, or inflicting grievous bodily harm. (12.) Assault occasioning actual bodily harm. (13.) Threats, by letter or otherwise, with intent to extort money or other things of value. (14.) Arson. (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 3. Neither party is obliged to surrender its own subjects or citizens to the other party. Article 4. 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 of 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 fray 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. Article 5. 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. ' Article 6. 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 he 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. ■ Article 7. 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.