has been granted. This statement is not applicable
to crimes committed after the extradition.

ARTICLE VIII.
If the person whose extradition is demanded by
one of the High Contracting Parties shall be also
claimed by one or more other Governments, on
account of crimes committed in their respective
territories, the following rule shall be observed :—
If he shall be a subject of the High Contracting
Party who claims him, the surrender shall be made
to it. If he be not so, the other High Contracting
Party shall have the power of delivering him up to
the reclaiming Government which in the case in
question may appear to the former best entitled to
the preference.

ARTICLE IX.
A requisition for extradition shall be made through
the respective Diplomatic Agents of the High
Contracting Powers.

When it relates to a person accused only, it must
be accompanied by the warrant of arrest, issued by
the competent authority of the State applying for it,
and by such evidence as according to the laws of the
place where the accused is found would justify the
arrest if the crime was there committed.

If the extradition refers to a person already con-
victed, the application must be accompanied by a
copy of the sentence of condemnation passed against
him, given by a competent Tribunal of the State
making the requisition.

The requisition cannot, however, be founded on
a sentence passed in contumaciam; that is to say,
when the delinquent has not been personally cited
to defend himself.

ARTICLE X.
If the requisition has been in conformity with the
foregoing stipulations, the competent authorities of
the State to which it has been addressed shall
proceed to the capture of the refugee. The prisoner
shall be brought before a competent authority, who
is to examine him and conduct the preliminary
investigation of the case just as if the apprehension
had taken place for crime committed in the same
country.

ARTICLE XI.
The extradition shall in no case take place before
the expiration of fifteen days counted from the ap-
prehension, and after that delay it shall only be
carried out when the evidence has been found suffi-
cient according to the laws of the country applied
to, either for subjecting the prisoner to trial if the
crime had been there committed, or to prove the
identity of the person convicted and condemned by
the Tribunals of the State making the requisition.

ARTICLE XII.
In the examinations which are to be made in con-
formity with the foregoing stipulations, the authori-
ties of the State to which application is made shall
admit as valid evidence the sworn depositions or
declarations of witnesses, which were taken in the
other State, or the respective copies thereof, as well
as the judicial documents, warrants, or sentences,
transmitted therefrom, provided they are signed or
certified by the hand of the Judge, Magistrate, or
Public Officer of that State, and authenticated, either
by the oath of some witness, or by the official seal
of the Minister of Justice or some other Minister of
State.

ARTICLE XIII.
If within two months, counting from the date of
arrest, sufficient evidence for the extradition shall
not have been presented, the person arrested shall
be set at liberty. He shall likewise be set at liberty
if, within two months of the day on which he was
placed at the disposal of the Diplomatic Agent, he
shall not have been sent off to the reclaiming
country.

ARTICLE XIV.
All the articles found in the possession of the
person demanded, at the time of his apprehension,
shall be seized in order to their delivery with him,
when his extradition shall take place.

This delivery shall not be limited to effects or
articles robbed, stolen, or obtained by other crimes,
but shall extend to all that might serve as evidence
of the crime; it shall be made even when the extra-
dition could not be made after orders to that effect,
on account of the flight or death of the person
claimed.

ARTICLE XV.
The High Contracting Parties renounce whatever
claims they may have for the reimbursement of the
expenses incurred for the apprehension and main-
tenance of the persons to be delivered up, and for
their conveyance until they shall be placed on board
ship, as they agree to defray these outgoings in their
respective countries.

ARTICLE XVI.
The stipulations of the present Treaty shall apply
to the Colonies and other Possessions of Her
Britannic Majesty.

The requisition for the surrender shall be made to
the Governor or to the chief authority in the
Colony or Possession, by the highest Consular Agent
of Brazil.

The surrender shall be made by the Governor or
the chief authority, who shall, however, have the
power either to make it or to refer the matter to his
Government.

Both in the requisitions and in the surrender, the
conditions established by the foregoing Articles of
this Treaty shall be, as far as may be possible,
adhered to.

As Her Britannic Majesty has the power to adopt
special arrangements in the Colonies and possessions
respecting the delivering up of delinquents, Her
Majesty will facilitate the reclamations of Brazil in
this respect, as far as may be possible, with due
regard, however, to the provisions of this Treaty.

ARTICLE XVII.
The present Treaty shall come into force ten days
after its publication, and in conformity with the
forms prescribed by the laws of the countries of the
High Contracting Parties. It will remain in force
until one of these shall give notice for its termina-
tion, but it shall then remain in force for six months,
counted from the day of this notification.

This Treaty shall be ratified, and the ratifications
exchanged in Rio de Janeiro, within three months,
or sooner if possible.

In witness whereof the respective Plenipotentiaries
have signed the present Treaty, and have affixed
thereto the seal of their arms.

Done at Rio de Janeiro, on the thirteenth day of
the month of November, of the year of Our Lord
Jesus Christ one thousand eight hundred and
seventy-two.

(L.S.) GEORGE BUCKLEY MATHEW.
(L.S.) MARQUEZ DE S. VICENTE.

The undersigned, Plenipotentiaries of Her Majesty
the Queen of the United Kingdom of Great Britain
and Ireland, and of His Majesty the Emperor of
Brazil, charged with making a Treaty for the extra-