EXTRADITION TREATY BETWEEN THE UNITED STATES AND JAPAN 235
12.-Murder, assault with intent to kill, and manslaughter committed on the high seas, on board a ship bearing the flag of the demanding country.
13.-Malicious destruction of, or attempt to destroy, railways, trams, vessels, bridges, dwellings, public edifices, or other buildings, when the act endangers human life.
Art. III.—If the person demanded be held for trial in the country on which the demand is made, it shall be optional with the latter to grant extradition or to proceed with the trial: Provided that, unless the trial shall be for the crime for which the fugitive is claimed, the delay shall not prevent ultimate extradition.
Art. IV.-If it be made to appear that extradition is sought 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, or for any offence other than that in respect of which the extradition is granted.
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 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 or Consul of Japan or of the United States, 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 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 person so charged shall be found would justify his apprehension and commitment for trial if the crime liad been there committed.
Art. VI.-On being informed by telegraph, or other written communication through the diplomatic channel, that a lawful warrant has been issued by competent authority upon probable cause for the arrest of a fugitive criminal 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, so far as it lawfully may, the provisional arrest of such criminal, and keep him in safe custody for a reasonable time, not exceeding two months, to await the production of the documents upon which claim for extradition is founded.
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Art. VII.-Neither of the contracting parties shall be bound to deliver up own subjects or citizens under the stipulations of this convention, but they shall have the power to deliver them up if in their discretion it be deemed proper to do so.
Art. VIII. The expenses of the arrest, detention, examination, and transporta- tion of the accused shall be paid by the Government which has requested the extradi- tion.
Art. IX. The present Treaty shall come into force sixty days after the exchange of the ratifications thereof. It may be terminated by either party, but shall remain in force for six months after notice has been given of its termination.
The Treaty shall be ratified, and the ratifications 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 affixed their seals.
Done at the city of Tokyo, the twenty-ninth day of the fourth month of the nineteenth year of Meiji, corresponding to the twenty-ninth day of April in the eighteen hundred and eighty-sixth year of the Christian era.
[L.S.]
(Signed)
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INOUYE KAORU.
RICHARD B. HUBBARD.
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