ARTICLE IV. The provisions of this convention shall not be applicable to persons guilty of any political crime or offense or of one connected with such a crime or offense. A person who has been surrendered on account of one of the common crimes or offenses mentioned in Article II, shall consequently in no case be prosecuted and punished in the State to which his extradition has been granted on account of a political crime or offense committed by him previously to his extradition or on account of an act connected with such a political crime or offense, unless he has been at liberty to leave the country for one month after having been tried and, in case of condemnation for one month after having suffered his punishment or having been pardoned. An attempt against the life of the head of a foreign government or against that of any member of his family when such attempt comprises the act either of murder or assassination, or of poisoning, shall not be considered a political offense or an act connected with such an offense. ARTICLE V. Neither of the contracting parties shall be bound to deliver up its own citizens or subjects under the stipulations of this convention. ARTICLE VI. If the person whose surrender may be claimed pursuant to the stipulations of the present treaty shall have been arrested for the commission of offenses in the country where he has sought an asylum, or shall have been convicted thereof, his extradition may be deferred until he shall have been acquitted, or have served the term of imprisonment to which he may have been sentenced. ARTICLE VII. Requisitions for the surrender of fugitives from justice shall be made by the respective diplomatic agents of the contracting parties, or, in the event of the absence of these from the country or its seat of government, they may be made by superior consular officers. If the person whose extradition may be asked for shall have been convicted of a crime or offence, a copy of the sentence of the court in which he may have been convicted, authenticated under its seal, and attestation of the official character of the judge by the proper executive authority, and of the latter by the minister or consul of the United States or of Belgium, respectively, shall accompany the requisition. When, however, the fugitive shall have been merely charged with crime, a duly authenticated copy of the warrant for his arrest in the country where the crime may have been committed, and of the depositions upon which such warrant may have been issued, must accompany the requisition as aforesaid. The President of the United States, or the proper executive authority in Belgium, may then issue a warrant for the apprehension of the fugitive, in order that he may be brought before the proper judicial authority for examination. If it should then be decided that, according to the law and the evidence, the extradition is due pursuant to the treaty, the fugitive may be given up according to the forms prescribed in such cases. ARTICLE VIII. The expenses of the arrest, detention, and transportation of the persons claimed shall be paid by the government in whose name the requisition has been made. ARTICLE IX. Extradition shall not be granted, in pursuance of the provisions of this convention, if legal proceedings or the enforcement of the penalty for the act committed by the person claimed, has become barred by limitation, according to the laws of the country to which the requisition is addressed. ARTICLE X. All articles found in the possession of the accused party and obtained through the commission of the act with which he is charged, or that may used as evidence of the crime for which his extradition is demanded, shall be seized if the competent authority shall so order, and shall be surrendered with his person. The rights of third parties to the articles so found shall nevertheless be respected. ARTICLE XI. The present convention shall take effect thirty days after the exchange of ratifications. After it shall have taken effect, the convention of March 19, 1874,1 shall cease to be in force and shall be superseded by the present convention which shall continue to have binding force for six months after a desire for its termination shall have been expressed in due form by one of the two Governments to the other. It shall be ratified and its ratifications shall be exchanged at Washington as soon as possible. In witness whereof, the respective plenipotentiaries have signed the above articles, both in the English and French languages, and they have thereunto affixed their seals. Done, in duplicate, at the city of Washington, this 13th day of June 1882. [SEAL. FRED". T. FRELINGHUYSEN. 1884. TRADE-MARK CONVENTION.2 Concluded April 7, 1884; ratification advised by the Senate June 12, 1884; ratified by the President July 7, 1884; ratifications exchanged July 7, 1884; proclaimed July 9, 1884. (Treaties and Conventions, 1889, p. 88.) I. Mutual protection. II. Requirements. ARTICLES. III. Duration; ratification. The President of the United States of America and His Majesty the King of the Belgians, being desirous of securing reciprocal protection for the trade-marks and trade-labels of their respective citizens or subjects within the dominions or territories of the other country, have resolved to conclude a Convention for that purpose, and have appointed as their Plenipotentiaries: The President of the United States, Frederick T. Frelinghuysen, Esquire, Secretary of State of the United States; and His Majesty the King of the Belgians, Théodore de Bounder de Melsbroeck, Commander of His order of Leopold, His Majesty's Envoy Extraordinary and Minister Plenipotentiary in the United States; who, after reciprocal communication of their full powers, found in good and due form, have agreed upon the following articles, to wit: ARTICLE I. Citizens of the United States in Belgium and Belgian citizens in the United States of America shall enjoy, as regards trade-marks and trade-labels, the same protection as native citizens, without prejudice to any privilege or advantage that is or may hereafter be granted to the citizens of the most favored nation. ARTICLE II. In order to secure to their marks the protection provided for by the foregoing article, the citizens of each one of the contracting parties shall be required to fulfil the law and regulations of the other. ARTICLE III. The present arrangement shall take effect, on the day of its official publication, and shall remain in force until the expiration of the twelve months following the notice, given by either of the contracting parties, of its desire for the cessation of its effects. The ratifications of this Convention shall be exchanged at Washington as soon as possible within one year from this date. In testimony whereof the respective Plenipotentiaries have signed this Convention in duplicate, in the English and French languages, and affixed thereto the seals of their arms. Done at Washington the 7th day of April, in the year of our Lord, one thousand eight hundred and eighty-four. FRED. T. FRELINGHUYSEN THRE DE BOUNDER DE MELSBROECK SEAL. SEAL. BOLIVIA. TREATY OF PEACE, FRIENDSHIP, COMMERCE, AND NAVIGATION. Concluded May 13, 1858; ratification advised with amendments by the Senate June 26, 1860; amendments proposed by Constituent Assembly of Bolivia consented to by the Senate and time for exchange of ratifications extended February 3, 1862; ratified by the President February 17, 1862; ratifications exchanged November 9, 1862; proclaimed January 8, 1863. (Treaties and Conventions, 1889, p. 90.) I. Mutual amity. ARTICLES. II. Most favored nation clause. III. Freedom of trade; coasting trade; travel. IV Tonnage charges. V Nationality of Bolivian ships. VIII. Steam vessels in Bolivia. XIV. Religious freedom. XV. Freedom of navigation. XVI. Neutral rights; free ships, free goods. XVII. Contraband of war. XVIII. Commerce permitted in case of war. XIX. Delivery of contraband articles. XXI. Visitation and search. war. XXIII. Vessels under convoy. XXV. Letters of marque forbidden. XXVII. Tributaries of the Amazon and XXVIII. Rights of citizens in case of war. XXIX. Confiscation forbidden. XXX. Privileges to diplomatic and XXXI. Consular officers authorized. XXXIII. Consular exemptions. XXXV. Agreement for consular con vention. XXXVI. Duration; effect,etc.,of treaty; ratification. The United States of America and the Republic of Bolivia, desiring to make lasting and firm the friendship and good understanding which happily prevail between both nations, have resolved to fix, in a manner clear, distinct, and positive, the rules which shall, in future, be religiously observed between the one and the other, by means of a treaty of friendship, commerce, and navigation. For this most desirable object, the President of the United States of America has conferred full powers on John W. Dana, a citizen of the said States, and their Minister Resident to the said Republic, and the President of the Republic of Bolivia on the citizen Lucas Mendosa de la Tapia, Secretary of State in the Department of Exterior Relations and Public Instruction, who, after having exchanged their said full powers, in due and proper form, have agreed to the following articles: ARTICLE 1. There shall be a perfect, firm, and inviolable peace and sincere friendship between the United States of America and the Republic of Bolivia, in all the extent of their possessions and territories, and between their people and citizens, respectively, without distinction of persons or places. ARTICLE 2. If either party shall, hereafter grant to any other nation, its citizens or subjects, any particular favor in navigation or commerce, it shall, immediately, become common to the other party, freely when freely granted to such other nation, or on yielding the same compensation, when the grant is conditional. EXPLANATION.1 [As in said article it is stipulated that any special favor in navigation and trade granted by one of the contracting parties to any other nation, extends and is common to the other party forthwith, it is declared that, in what pertains to the navigation of rivers, this treaty shall only apply to concessions which the Government may authorize for navigating fluvial streams which do not present obstructions; that is to say, those whose navigation may be naturally plain and current without there having been need to obtain it by the employment of labor and capital; that by consequence there remains reserved the right of the Bolivian Government to grant privileges to any association or company, as well foreign as national, which should undertake the navigation of those rivers from which, in order to succeed, there are difficulties to be overcome, such as the clearing out of rapids, &c., &c.] ARTICLE 3. The United States of America and the Republic of Bolivia mutually agree that there shall be reciprocal liberty of commerce and navigation between their respective territories and citizens. The citizens of either republic may frequent with their vessels, all the coasts, ports and places of the other, where foreign commerce is permitted, and reside in all parts of the territory of either, and occupy dwellings and warehouses; and everything belonging thereto shall be respected, and shall not be subjected to any arbitrary visits or search. The said citizens shall have full liberty to trade in all parts of the territory of either, according to the rules established by the respective regulations of commerce, in all kinds of goods, merchandise, manufactures, and produce, not prohibited to all, and to open retail stores and shops, under the same municipal and police regulations as native citizens; and they shall not in this respect be liable to any other or higher taxes or imposts than those which are or may be paid by native citizens. No examination or inspection of their books, papers, or accounts, shall be made without the legal order of a competent tribunal or judge. The provisions of this treaty are not to be understood as applying to the navigation and coasting trade between one port and another situated in the territory of either of the contracting parties-the regulation of such navigation and trade being reserved, respectively, by the parties according to their own separate laws. Vessels of either country shall, however, be permitted to discharge part of their cargoes at one port, open to foreign commerce in the territories of either of the high contracting parties, paying only the custom house duties upon that portion of the cargo which may be discharged, and to proceed with the remainder of their cargo to any other port or ports of the same territory open to foreign commerce, without paying other 1 Amendment by the Senate accepted by Bolivia. |