TRESTY OF EXTRADITION

　His Majesty the Emperor of Japan and the President of the United States of America, having judged it expedient, with a view to the better administration of justice, and to the prevention of crime within the two countries and their jurisdictions, that persons charged with or convicted of the crimes or offences hereinafter named, and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up, they have named as their Plenipotentiaries to conclude a Treaty for this purpose, that is to say:
His Majesty the Emperor of Japan, Count INOUE KAORU, Jusammi, His Imperial Majesty's Minister of State for Foreign Affairs, First Class of the Order of the Rising Sun, &c, &c, &c, and the President of the United States of America, RlCHARD B. HUBBARD. their Envoy Extraordinary and Minister Plenipotentiary near His Imperial Majesty the Emperor of Japan, who, after having communicated to each other their respective Full Powers found in good and due form, have agreed upon and concluded the following Articles:-

ARTICLE I. 
　The High Contracting Parties engage to deliver up to each other, under the circumstances and conditions stated in the present Treaty, all persons, who being accused or convicted of one of the crimes of offences named below in Article II,and committed within the jurisdiction of the one Party, shall be found within the jurisdiction of the other Party.

ARTICLE II. 
1. --Murder, assault with intent to commit murder, and manslaughter.

2. --Counterfeiting or altering money, or uttering or bringing into circulation counterfeit or altered money, counterfeiting certificates or coupons of public indebtedness, bank notes, or other instruments of public credit of either of the Parties, and the utterance or circulation of the same.

3. --Forgery or a1tering and uttering what is forged or altered.

4. thmbezzlement or crimina1 malversation of the public funds, committed within the jurisdiction of either Party, by public officers or depositaries, and embezzlement by any person hired, sa1aried or employed, to the detriment of the employer or principal.

5. --Larceny, of the value of fifty do1lars and upwards, and robbery.

6. --Burglary, defined to be the breaking and entering by night-time into the house of another person with the intent to commit a felony therein; and the act of breaking and entering the house of another, whether in the day or night-time, with the intent to commit a felony therein.

7. --The act of entering, or of breaking and entering, the offices of the Government and public authorities, or the offices of banks, banking-houses, savings-banks, trust companies, insurance or other companies with the intent to commit a felony therein.

8. --Perjury, or the subornation of perjury.

9. --Rape.

10. --Arson.

11. --Piracy by the law of nations.

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.

14. --Fraud by a banker, or a trustee, or by an officer or a director of a bank or trust company, made criminal by any law for the time being in force.

ARTICLE 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.

ARTlCLE 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.

ARTICLE 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 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 person so charged shall be found, would justify his apprehension and commitment for trial if the crime had been there committed.

ARTICLE VI. 
　On being informed by telegraph, through the diplomatic channel, that a warrant has been issued by competent authority 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 endeavor to procure 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 the claim for extradition is founded.

ARTICLE VII. 
　Neither of the Contracting Parties shall be bound to deliver up its 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.

ARTICLE VIII. 
　The expenses of the arrest, detention, examination and transportation of the accused shall be paid by the Government which has requested the extradition.

ARTICLE 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 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 there-unto affixed their seals.

　Done at the City of Tokio, 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.

　(Signed) INOUYE KAORU. (L. S.)

　(Signed) RICHAND B. HUBBARD (L. S.)

　His Majesty the Emperor of Japan and the President of the United States of America being desirous to add the crimes of embezzlement of private moneys or property and larceny to the list of crimes or offences on account of which extradition may be granted under the Treaty concluded between the two countries on the 29th day of the 4th month of the 19th year of Meiji (corresponding to the 29th day of April, 1886), with a view to the better administration of justice and the prevention of crime in their respective territories and jurisdictions, have resolved to conclude a Supplementary Convention, and, for this purpose, have appointed as their Plenipotentiaries, to wit:
His Majesty the Emperor of Japan, Marquis KINMOTI SAIONZI, Shonii, First Class of the Imperial Order of the Rising Sun, His Imperial Majesty's Minister of State for Foreign Affairs, and
The president of the United States of America, HUNTINGTON WILSON, Charge d'Affaires ad interim of the United States of America at Tokio;
Who, after having communicated to each other their respective full powers, which were found to be in due and proper form, have agreed to and concluded the following Article:-

　The following crimes are added to the list of crimes or offences numbered 1 to 13 in the second Article of the said Treaty of the 29th day of the 4th month of the 19th year of Meiji (corresponding to the 29th day of April, 1886), on account of which extradition may be granted, that is to Say:

1.Embezzlement by persons hired or salaried, to the detriment of their employers, where the amount of money or the value of the property embezzled is not less than 400 yen or $200.

1.Larceny, where the offence is punishable by imprisonment for one year or more, or for which sentence of imprisonment for one year or more , or for which sentence of imprisonment for one year or more has been pronounced.

　The present Convention shall be ratified and the ratifications, shall be exchanged at Tokio as soon as possible.

　It shall come into force ten days after the exchange of the ratifications, and it shall continue and terminate in the same manner as the said Treaty of the 29th day of the 4th month of the 19th year of Meiji (corresponding to the 29th day of April, 1886).

　In testimony whereof the respective Plenipotentiaries have signed the present Convention and have affixed thereto their seals.

　Done in duplicate at Tokio, in the Japanese and English languages, this 17th day of the 5th month of the 39th year of Meiji (corresponding to the 17th day of May, 1906)

　(L. S.) Marquis SAIONZI

　(L. S.) Huntington Wilson.