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In case of urgency, provisional arrests may be made through notes sent by the post or telegraph through the diplomatic representative, of the existence of any of the documents mentioned in Article IX, on condition that this notice be given in due form to the Minister for Foreign. Affairs of the country of which the extradition is requested.
The provisional arrest will be made in the form and according to the regulations established by the country of which the extradition is requested.
The provisional arrest will not be maintained if, within one month from the time the arrest has been made, none of the documents mentioned in Article IX of the present treaty have been communicated to the accused.
When extradition shall have been granted, all the objects which have been taken from the accused, and which might be useful as proofs of his guilt as well as all of the objects proceeding from the crime or misdemeanor of which he is accused shall be delivered up at the discretion of the competent authority, to the state asking his extradition either when the extradition is duly effected through the accused having been arrested, or the extradition having been granted, the accused should effect his escape or die.
Reserve is made, however, of the rights of those persons who may have acquired rights over objects not included in the proceedings, to whom these objects may be returned, when necessary, without costs, at the end of the proceedings.
The costs of arrest, maintenance and transportation of the extradited person, as well as the costs of delivering up and transporting the objects named in the above stated article which are to be restored or delivered up, shall be charged to both states within the limits of their respective territories.
The costs of transportation or others which may be incurred in foreign states shall be charged to the state requesting the extradition. The costs of transportation and others by sea shall also be charged to the state asking the extradition. The accused whose extradition has been granted shall be conducted to a port of the country of which extradition is asked, or to a point on the frontier which may be named by the state asking the extradition.
If the person whose extradition has been asked for, and who has been arrested is not delivered up and taken away within the three months following his arrest, he shall be placed at liberty, and his extradition can not again be asked for the same crime.
The transit through the respective territories of the two contracting parties of an extradited person not a citizen of the country through which he is being taken, shall be granted on the simple presentation of the originals or authenticated copies of any of the documents mentioned in Article IX, on condition that the crime for which the person in question is being extradited is mentioned in the present treaty, and is not included among the exceptions made in Articles IV and VI.
When a criminal trial, which is not political, shall have been begun, and the testimony of persons who are in one of the two countries or any other judicial proceedings is necessary, a requisition letter accompanied by a translation into French shall be addressed to the diplomatic representative, requesting that, in accordance with the laws of the country, the above testimony or judicial proceedings shall be taken. However, requisitory letters which require that a domiciliary visit or the attachment of the corpus delicti or of documentary or material proof be made, shall only be complied with when the trial in question is for a crime included in Article II, and under the reserve expressed in the last paragraph of Article IX.
The respective governments will not be reimbursed for the costs resulting from the accomplishment of requisitorial letters in criminal cases, even though expert evidence be required and such expert evidence should only give rise to judicial proceedings without a formal trial.
In criminal cases which are not political, when the government of one of the two countries judges it necessary that an individual residing in the other country should be informed of a judicial proceeding or sentence, this document shall be diplomatically transmitted, and when necessary accompanied by a French translation, and the interested person shall be personally served with the document through the public ministry of his place of residence and by the proper official, and the original of
his acknowledgment of the notification shall be returned by the same means to the first government without reimbursement of costs.
When a criminal trial which is not of a political character takes place in one of the two countries, and the communication of evidence or of documents which are in the hands of the authorities of the other country, is considered necessary or useful, a request for these shall be made through the diplomatic representative, which request shall be complied with, unless there are special reasons for non-compliance therewith, and these documents shall be returned at the end of the trial.
The contracting governments waive the reimbursement within their respective territories of the costs of sending or returning documents and evidence.
The two governments agree to communicate to each other without reimbursement of expenses, the sentences for crimes or misdemeanors of whatever sort, which may be made by the courts of one of the two countries against the citizens of the other.
This communication shall be made by sending through the diplomatic representative a bulletin or extract of the sentence, accompanied by a French translation, to the government of the country of which the condemned person is a subject.
The present treaty shall take effect one month after the exchange of the ratifications thereof.
Crimes committed before this treaty takes effect can not be considered as the objects of requests for extradition, except in cases where the persons whose extradition is asked for shall have taken refuge in the territory of the state from which their extradition is asked after the exchange of ratifications.
Either of the contracting parties may at any time terminate the present treaty on giving to the other six months notice of its intention. so to do.
This treaty shall be ratified and the ratifications exchanged in Athens as soon as possible.
In faith whereof, the respective plenipotentiaries have signed it and placed thereon their seals.
Made in duplicate in Athens, the 7/20 of May, 1910.
THE MARQUIS DE PRAT DE NANTOUILLET.
DECLARATIONS BY THE UNITED STATES AND GREAT BRITAIN EXEMPTING COMMERCIAL TRAVELERS' SAMPLES FROM CUSTOMS INSPECTION.1 Signed at Washington, December 3 and 8, 1910; effective, January 1,
In order to facilitate the clearance through the Customs Department of the United Kingdom of Great Britain and Ireland of samples brought into the territory of that country by commercial travellers of the United States of America, such samples being for use as models or patterns for the purpose of obtaining orders and not for sale, the undersigned Alfred Mitchell Innes, His Britannic Majesty's Charge d'Affaires at Washington, duly authorized thereto, and in virtue of a similar Declaration made by Philander C. Knox, Secretary of State of the United States, does hereby declare that, from and after the first day of January, 1911, and until the expiration of one month after the day on which either the United Kingdom or the United States shall give notice of the withdrawal of said Declaration, the officially attested list of such samples, containing a full description thereof issued at the time of exportation by the British consular authorities established in the United States, shall be accepted by the customs officials of the United Kingdom as establishing their character as samples and exempting them from inspection on importation except in so far as may be necessary in order to comply with the law of the United Kingdom.
A. MITCHELL INNES,
His Britannic Majesty's Charge d'Affaires.
WASHINGTON, December 3rd, 1910.
In order to facilitate the clearance through the Customs Department of the United States of America of samples brought into the territory of that country by commercial travelers of the United Kingdom of Great Britain and Ireland, such samples being for use as models or patterns for the purpose of obtaining orders and not for sale, the undersigned Philander C. Knox, Secretary of State of the United States, duly authorized thereto, and in virtue of a similar Declaration made by Alfred Mitchell Innes, His Britannic Majesty's Chargé d'Affaires at
1 U. S. Treaty Series, No. 552.
Washington, does hereby declare that, from and after January 1, 1911, and until the expiration of one month after the day on which either the United States or the United Kingdom shall give notice of the withdrawal of said Declaration, the officially attested list of such samples containing a full description thereof, issued at the time of exportation by the American consular authorities established in the United Kingdom, shall be accepted by the customs officials of the United States as establishing their character as samples and exempting them from inspection on importation except in so far as may be necessary in order to comply with the law of the United States.
P. C. KNOX,
Secretary of State of the United States.
WASHINGTON, December 8, 1910.
CONSULAR CONVENTION BETWEEN THE UNITED STATES AND SWEDEN.1 Signed at Washington, June 1, 1910; ratifications exchanged, March 18, 1911; proclaimed March 20, 1911.
The President of the United States of America and His Majesty the King of Sweden, being mutually desirous of defining the rights, privileges, and immunities of consular officers of the two countries, and deeming it expedient to conclude a consular convention for that purpose, have accordingly named as their plenipotentiaries:
The President of the United States of America, Philander C. Knox, Secretary of State of the United States of America; and
His Majesty the King of Sweden, Herman Ludvig Fabian de Lagercrantz, his Envoy Extraordinary and Minister Plenipotentiary at Washington;
Who, after having communicated to each other their respective full powers, found to be in good and proper form, have agreed upon the following articles:
Each of the high contracting parties agrees to receive from the other consuls-general, consuls, vice-consuls-general, vice-consuls, deputy consuls-general, deputy consuls, and consular agents in all its ports, cities, and places, except those where it may not be convenient to recognize such
1 U. S. Treaty Series,, No. 557.