Show FULL TEXT OP OF THE NEW TREATY WITH ENGLAND THE OF 1842 EXTENDED TO FOUR additional CRIMES whereas by the ath article of the treaty concluded between the united states of A lea and her britannic majesty 0 donahe anvar he 9 ath th day of august 1842 provision is made for the extradition of persons charged with certain crit crimes ties ard whereas it is now desired by the high contracting parties that the provisions of the said article should embrace certain crimes not therein specified and should extend to fugitives convicted of c blines in said article and in this convention the said high aih contracting parties have appointed as their alas to conclude a for this purpose namely the th president of the united states of america edward J phelps envoy extraordinary and mi minister n plenipotentiary of the united states to the court of st james etc etc and her majesty the queen of the united kingdom Kines dom of great britain and reland ireland the right bight honorable archibald philip earl of roseberry seberry Bo her Maje principal secretary of state for foreign affairs ete etc etc who after having communicated to each other their respective fall powers found in good and due form have agreed upon the following articles ARTICLE 1 I the provisions of the ath article of 0 the said treaty will be and are hereby extended so as to apply to and comprehend the following additional crimes not mentioned la in said article namely 1 manslaughter 2 burglary 3 8 embezzlement or larceny of the value of 50 or 10 and upward 4 malicious injuries to property whereby the lif life e of any persons shall be endangered it if such injuries constitute a crime according to the laws of both the high contracting parties and the provisions of the said article shall have tile the same sam e effect with respect to the extradition of persons charged with any of the said crimes as if the same had been originally ori anally named and specified in the t he sm said article ARTICLE ir II the provisions of the eth article of the said treaty and of this convention shall apply to persons convicted of the crimes therein respectively named and specified whose sentence thereupon s shall all not have been executed in the case of a fugitive criminal alleged to have been convicted of the crime for w which hick his bis surrender is asked a copy of the record of the conviction and of the sent sentence erce of the court before which such conviction took place duly authenticated shall be produced together with the evidence that the prisoner is the person to whom such sentence refers ARTICLE in III this convention shall not apply to any of the crimes named and specified which shall have been committed or to any convictions which shall have been procured to the date when the convention shall come into force ARTICLE IV no fugitive criminal shall be surrendered under the provisions of the said treaty or of this convention if the crime in respect of which his surrender is h dem demanded be one of a political chur character acter or if he prove to the competent authority that the said requisition for his surrender has in fact been made with the view to try or punish him for a crime of a political character ARTICLE v A f fugitive criminal surrendered to either of the high contracting parties under the provisions of the said treat treaty 7 or of this convention shall not until he has had an opportunity of returning to the state by which he has ha been surrendered be detained or tried for any crime committed prior to his surrender other than the extradition crime proved by the facts on n which his surrender was granted ARTICLE VI the extradition of fugitives under the provisions previsions of the said treaty and of odthe the present convention shall be carried 0 out tit in the united state and in ner her Maje dominion respectively subject to and in confori conformity al mth th i the laws regulating extradition for the e time being in in force in the surrendering state VII this co convention bention V shall be ratified and the rati 1 ions exchanged at london as soon possible os sible it shall ome come into force ten days after its publication in iia conformity with the forms proscribed by the laws of the high contracting parties and shall continue in force until one or the other of the high contracting parties shall signify its wish to terminate it and no longer in witness whereof the undersigned undersigner under signed have signed the same saine and have affixed thereunto their seals done at london the day of june 1880 seal EDWARD JOHN PHELPS seal provisions OF THE TREATY OF 1842 below will be found article X of the treaty of 1842 1841 the provisions of which are extended t by the convention signed by minister phelps phelps and the earl of roseberry ARTICLE x it is agreed that the united states and her Brit tannic majesty upon mutual requisition by them or their ministers or authorities respectively ively made del deliver I 1 ver up to it justice estice all persons who be being rig charged with ane crime of murder murd r or assault with intent to commit in murder u ader or arson or robbery or forgery or oretae ue Utter utterance anC I 1 of forged paper committed within the jurisdiction of either shall seek an asylum or be found within the territory of the other provided that this shall only be done clone upon such evidence of as according to the laws oty ot the place where tue fugitive or person so SID charged shall be found would justify his hie apprehension and commitment for foe i trial if toe the crime or ortence offence had there been committed and the respective judges and other magistrates of the two governments Hovern ments shall have power jurisdiction and authority upon complaint made under oath to issue a warrant for the apprehension of the fugitive or person so charged that he blo may be brought before such judges or other magistrates respectively to the end that the evidence of criminality may be heard and considered and it if on such hearing bearing the evidence be deemed sufficient cieni to sustain tilo th charge it shall be the duty duly of the ex amiling judge or magistrate to certify the same to the prop property arty executive authority that a warrant may issue tor lor the surrender of such fugitive fagi tive the expense of such apprehension and delivery ahall ashall be borne and defrayed by the party who makes the requisition and receives the fugitive |