and offenses specified in the following article, committed within the jurisdiction of one of the contracting parties, shall seek an asylum or be found within the territories of the other. Provided that this shall only be done upon 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 or her apprehension and commitment for trial if the crime had been there committed. ARTICLE II. Persons shall be delivered up who shall have been convicted of or be charged, according to the provisions of the convention, with any of the following crimes: 1. Murder, comprehending the crimes designated in the penal Code of Luxemburg by the terms of parricide, assassination, poisoning and infanticide; 2. The attempt to commit murder; 3. Rape, or attempt to commit rape, bigamy, abortion; 4. Arson; 5. Piracy or mutiny on shipboard whenever the crew or part thereof shall have taken possession of the vessel by fraud or by violence against the commander; 6. The crime of burglary defined to be the act of breaking and entering by night into the house of another with the intent to commit felony; and the crime of robbery, defined to be the act of feloniously and forcibly taking from the person of another money or goods by violence or putting him in fear; and the corresponding crimes punished by the laws of Luxemburg under the description of thefts committed in an inhabited house by night and by breaking in, by climbing or forcibly; and thefts committed with violence or by means of threats; 7. The crime of forgery by which is understood the utterance of forged papers, and also the counterfeiting of public, sovereign, or governmental acts; 8. The fabrication or circulation of counterfeit money, either coin or paper, or of counterfeit public bonds, coupons of the public debt, bank-notes, obligations, or, in general, anything being a title or instrument of credit; the counterfeiting of seals and dies, impressions, stamps and marks of State and public administrations and the utterance thereof; 9. The embezzlement of public moneys committed within the jurisdiction of either party by public officers or depositaries; 10. Embezzlement by any person or persons hired or salaried to the detriment of their employers, when the crime is subject to punishment by the laws of the place where it was committed; 11. Wilful and unlawful destruction or obstruction of rail-roads which endangers human life; 12. Reception of articles obtained by means of one of the crimes or offenses provided for by the present convention, Extradition may also be granted for the attempt to commit any of the crimes above enumerated, when such attempt is punishable by the laws of both contracting parties. ARTICLE III. A person surrendered under this convention shall not be tried or punished in the country to which his extradition has been granted, nor given up to a third power for a crime or offense not provided for by the present convention and committed previously to his extradition, until he shall have been allowed one month to leave the country after having been discharged; and, if he shall have been tried and condemned to punishment, he shall be allowed one month after having suffered his penalty or having been pardoned. He may however be tried or punished for any crime or offense provided for by this convention committed previous to his extradition, other than that which gave rise to the extradition, and notice of the purpose to so try him, with specification of the offense charged, shall be given to the Government which surrendered him, which may, if it think proper, require the production of one of the documents mentioned in article 7 of this convention. The consent of that Government shall be required for the extradition of the accused to a third country; nevertheless such consent shall not be necessary when the accused shall have asked of his own accord to be tried or to undergo his punishment, or when he shall not have left within the space of time above specified the territory of the country to which he has been surrendered. 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 2, 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 of the surrender of fugitives from justice shall always be made through a diplomatic channel. If the person whose extradition may be asked for shall have been convicted of a crime or offense, 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 by the minister or consul charged with the interests of Luxemburg, 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 authority in Luxemburg 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 be 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. It may be terminated by either of the contracting parties, but shall remain in force for six months after notice has been given for its termination. It shall be ratified and its ratifications shall be exchanged 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 Berlin, this 29th day of October, A. D. 1883. MADAGASCAR. Madagascar having become a colony of France, the treaties of 1867 and 1881 have become obsolete. 1867. TREATY OF COMMERCE AND NAVIGATION. Concluded February 14, 1867; ratification advised by the Senate January 20, 1868; ratified by the President January 24, 1868; ratifications exchanged July 8, 1868; proclaimed October 1, 1868. (Treaties and Conventions, 1889, p. 638.) This treaty, consisting of seven articles, was superseded by the Treaty of 1881. 1881. TREATY OF FRIENDSHIP AND COMMERCE. Concluded May 13, 1881; ratification advised by the Senate February 27, 1883; ratified by the President March 10, 1883; ratifications exchanged March 12, 1883; proclaimed March 13, 1883. (Treaties and Conventions, 1889, p. 641.) was This treaty, consisting of twelve articles, became obsolete when the sovereignty of France was extended over Madagascar, and replaced by "the whole of the Conventions concluded between France and the United States."-Note of July 22, 1896, from the French Ambassador to the Secretary of State. MASKAT. (SEE MUSCAT.) 505 MECKLENBURG-SCHWERIN. (SEE NORTH GERMAN UNION.) 1847. TREATY OF COMMERCE AND NAVIGATION. Concluded December 9, 1847; ratification advised by the Senate May 18, 1848; ratified by the President May 20, 1848; proclaimed August 2, 1848. (Treaties and Conventions, 1889, p. 653.) I. Freedom of commerce. II. Coasting trade. ARTICLES. III. No preference to vessels importing.- V. Extent of shipping privileges. VIII. Duties on cotton, rice, tobacco, IX. Consular officers and functions. DECLARATION. Whereas a treaty of commerce and navigation between the United States of America and His Majesty the King of Hanover was concluded at Hanover on the tenth day of June One thousand eighthundred and forty-six, by the Plenipotentiaries of the contracting Parties, and was subsequently duly ratified on the part of both Governments;" And Whereas by the terms of the twelfth Article of the same the United States agree to extend all the advantages and privileges contained in the stipulations of the said treaty, to one or more of the other States of the Germanic confederation which may wish to accede to them by means of an official exchange of declarations, provided, that such State or States shall confer similar favors upon the United States to those conferred by the Kingdom of Hanover, and observe and be subject to the same conditions, stipulations and obligations; And whereas the Government of His Royal Highness the GrandDuke of Mecklenburg-Schwerin has signified its desire to accede to the said treaty and to all the stipulations and provisions therein contained, as far as the same are or may be applicable to the two countries, and to become a party thereto and has expressed its readiness to confer similar favours upon the United States as an equivalent in all respects to those conferred by the Kingdom of Hanover. And Whereas the Government of the Grand-Duchy of MecklenburgSchwerin in its anxiety to avoid the possibility of a misconception hereafter of the nature and extent of the favours differing essentially from a Page 428. |