822
EXTRADITION TREATY BETWEEN THE UNITED STATES AND JAPAN.
Art. IV. If it be made to appear that extradition is made with a view to try or punish the person demanded for an offence of a political character, surrender shall not take place, nor shall any person surrendered be tried or punished for any political offence committed previously to his extradition.
Art. V.-The requisition for extradition shall be made through the diplomatic agents of the contracting parties, or in the event of the absence of these from the country or its seat of government by the Superior Consular officers. If the person whose extradition is requested shall have been convicted of a crime, a copy of the sentence of the court in which he was convicted, authenticated under its seal, and an attestation of the official character of the Judge by the proper executive authority, and of the latter by the Minister and Consul of the United States or of Japan as the case may be, shall accompany the requisition. When the fugitive is merely charged with crime, a duly authenticated copy of the warrant of arrest in the country making the demand and of the depositions on which such warrant may have been issued must accompany the requisition. The fugitive shall be surrendered only on such evidence of criminality as, according to the laws of the place where the fugitive or persons so charged shall be found, would justify his apprehension and commitment for trial if the crime had been there committed.
Art. VI.-On being informed by telegraph through the diplomatic channel that warrant has been issued by competent authority for the arrest of a fugitive criminally charged with any of the crimes enumerated in Article II. of this treaty, and on being assured from the same source that a request for the surrender of such criminal is about to be made in accordance with the provisions of this treaty, each Government will endeavour to procure the provisional arrest of such criminal and keep him, not exceeding two months, to await the production of the documents upon which the claim for extradition is founded.
Art. VII.-Neither of the contracting parties shall be bound to deliver up its own citizens or subjects under the stipulations of this convention, but they shall have power to deliver them up if in their discretion it be proper to do so.
Art. VIII. The expenses of the arrest, detention, extradition, and transportation of the accused shall be paid by the Government which has requested the extradition.
Art. IX.-The present treaty shall come into force sixty days after the exchange of the ratifications thereof. It may be terminated by either of them, but shall remain in force for six months after notice has been given of its termination. The treaty shall be ratified and its ratification shall be exchanged at Washington as soon as possible.
In witness whereof the respective plenipotentiaries have signed the present treaty in duplicate and have thereunto fixed their seals.
Done at the city of Tokyo on the twenty-ninth day of April in the eighteen. hundred and eighty-sixth year of the Christian era, corresponding to the twenty-ninth day of the fourth mouth of the nineteenth year of Meiji.
[L.S.] [L.8.]
RICHARD B. HUBBARD.
INOUYE KAORU.