before a judge or a magistrate to the end that the evidence of his or her guilt may be heard and examined as hereinbefore provided, it shall appear that the mandate or preliminary warrant of arrest has been issued in pursuance of a request or declaration received · by telegraph from the Government asking for the extradition, it shall be competent for the judge or magistrate, at his discretion, to hold the accused for a period not exceeding two months, so that the demanding Government may have opportunity to lay before such judge or magistrate legal evidence of the guilt of the accused, and if at the expiration of said period of two months such legal evidence shall not have been produced before such judge or magistrate, the person arrested shall be released, provided that the examination of the charges preferred against such accused person shall not be actually going on. ARTICLE XIII. In every case of a request made by either of the two Contracting Parties for the arrest, detention, or extradition of fugitive criminals, the legal officers or fiscal ministry of the country where the proceedings of extradition are had, shall assist the officers of the Government demanding the extradition before the respective judges and magistrates by every legal means within their or its power; and no claim whatever for compensation for any of the services so rendered shall be made against the Government demanding the extradition, provided, however, that any officer or officers of the surrendering Government so giving assistance, who shall, in the usual course of his or their duty, receive no salary or compensation other than specific fees for services performed, shall be entitled to receive from the Government demanding the extradition the customary fees for the acts or services performed by them, in the same manner and to the same amount as though such acts or services had been performed in ordinary criminal proceedings under the laws of the country of which they are officers. ARTICLE XIV. This treaty must be submitted for approval in the form prescribed by the laws of the two countries and shall take effect from the day of the exchange of the ratifications thereof; but either Contracting Party may at any time terminate it on giving to the other six months' notice of its intention to do so. The ratifications shall be exchanged in San José of Costa Rica or in Washington as soon as possible. In witness whereof the respective Plenipotentiaries have signed the above articles and have hereunto affixed their seals. Done in duplicate at the city of San José de Costa Rica this tenth day of November one thousand nine hundred and twenty-two. ROY TASCO DAVIS. J. A. CORONADO. EXCHANGE OF NOTES. [Secretaría de Relaciones Exteriores. No. 333, B.] REPUBLICA DE COSTA RICA, San José, 10 de noviembre de 1922. SEÑOR MINISTRO: Tengo la honra de informar a Vuestra Excelencia que he recibido instrucciones del señor Presidente de la República para hacer la manifestación, de parte del Gobierno de Costa Rica, con referencia al Tratado de Extradición que Vuestra Excelencia y el suscrito acaban de firmar, de que es entendido que el Gobierno de los Estados Unidos de América asegura que la pena capital no se aplicará a los criminales entregados por Costa Rica a los Estados Unidos de América, por cualquiera de los crímenes enumerados an dicho Tratado, y que esa seguridad formará efectivamente parte del Tradado y así se mencionará en su ratificación. Aprovecho esta oportunidad para reiterar a Vuestra Excelencia el testimonio de mi màs distinguida consideración. J. A. CORONADO. Excmo. Señor Roy T. DAVIS, [Ministry of Foreign Relations. No. 333-B. Translation.] REPUBLIC OF COSTA RICA, Mr. MINISTER: I have the honor to inform your excellency that I have received instructions from the President of the Republic to make the statement, on behalf of the Government of Costa Rica, with reference to the treaty of extradition which your excellency and the undersigned have just signed, that it is understood that the Government of the United States of America assures that the death penalty will not be applied to criminals delivered by Costa Rica to the United States for any of the crimes enumerated in the said treaty, and that such assurance will form, in effect, part of the treaty and will be so mentioned in the ratifications. I avail myself of this occasion to reiterate to your excellency the assurance of my most distinguished consideration. J. A. CORONADO. Most Excellent Mr. Roy T. DAVIS, of the United States of America, San Jose. [No. 63.] LEGATION OF THE UNITED STATES OF AMERICA, San Jose, Costa Rica, November 10, 1922. EXCELLENCY: In signing to-day with the Secretary of State for Foreign Affairs of the Republic of Costa Rica the extradition treaty which was negotiated between the Government of the United States and that of Costa Rica, the undersigned envoy extraordinary and minister plenipotentiary of the United States of America has the honor to acknowledge and to take cognizance of the note of the Secretary of State for Foreign Affairs of this day's date, stating that he desires to place on record, on behalf of the Costa Rican Government, its understanding that the Government of the United States assures that the death penalty will not be enforced against criminals delivered by Costa Rica to the United States for any of the crimes enumerated in the said treaty, and that such assurance is, in effect, to form part of the treaty and will be so mentioned in the ratifications of the treaty. In order to make this assurance in the most effective manner possible, it is agreed by the United States, that no person charged with crime shall be extraditable from Costa Rica upon whom the death penalty can be inflicted for the offense charged by the laws of the jurisdiction in which the charge is pending. This agreement on the part of the United States will be mentioned in the ratifications of the treaty and will in effect form part of the treaty. I avail myself of this occasion to renew to your excellency the assurance of my highest and most distinguished consideration. ROY T. DAVIS. His Excellency Señor don JOSÉ ANDRÉS CORONADO, Secretary of State for Foreign Affairs, San Jose. DENMARK. 1914. TREATY FOR THE ADVANCEMENT OF PEACE. Signed at Washington April 17, 1914; ratification advised by the Senate September 30, 1914; ratified by the President January 14, 1915; ratified by Denmark November 21, 1914; ratifications exchanged at Washington January 19, 1915; proclaimed January 20, 1915. (Treaty Series No. 608; 38 Statutes at Large, 1883.) ARTICLES. I. All disputes not settled by diplomacy or arbitration to be reported upon by commission before resort to hostilities. II. Composition, appointment, prccedure of commission. III. Pledge to refer disputes; initia- IV. Effect of report. The United States of America and His Majesty the King of Denmark being desirous to strengthen the bonds of amity that bind them together and also to advance the cause of general peace, have resolved to enter into a treaty for that purpose and to that end have appointed as their plenipotentiaries: The President of the United States: The Honorable William Jennings Bryan, Secretary of State; and His Majesty the King of Denmark: Mr. Constantin Brun, His Chamberlain and Envoy Extraordinary and Minister Plenipotentiary to the United States. Who, after having communicated to each other their respective full powers, found to be in proper form, have agreed upon the following articles: ARTICLE I. The High Contracting Parties agree that all disputes between them, of every nature whatsoever, which diplomacy shall fail to adjust, shall be submitted for investigation and report to an International Commission, to be constituted in the manner prescribed in the next succeeding article; and they agree not to declare war or begin hostilities during such investigation and report. ARTICLE II. The International Commission shall be composed of five members, to be appointed as follows: One member shall be chosen from each country, by the Government thereof; one member shall be chosen by each Government from some third country; the fifth member shall be chosen by common agreement between the two Governments. It is understood that the fifth member of the Commission shall not be a citizen of either country. The expenses of the Commission shall be paid by the two Governments in equal proportion. The International Commission shall be appointed within four months after the exchange of the ratifications of this treaty; and vacancies shall be filled according to the manner of the original appointment. Unless otherwise agreed between the parties the procedure of the International Commission shall be regulated by the prescriptions contained in the Convention signed at The Hauge on October 18, 1907, for the peaceful settlement of international disputes, Chapter III. ARTICLE III. In case the High Contracting Parties shall have failed to adjust a dispute by diplomatic methods, they shall at once refer it to the International Commission for investigation and report. The International Commission may, however, act upon its own initiative, and in such case it shall notify both Governments and request their cooperation in the investigation. The High Contracting Parties agree to furnish the Permanent International Commission with all the means and facilities required for its investigation and report. The report of the International Commission shall be completed within one year after the date on which it shall declare its investigation to have begun, unless the High Contracting Parties shall extend the time by mutual agreement. The report shall be prepared in triplicate; one copy shall be presented to each Government, and the third retained by the Commission for its files. ARTICLE IV. The High Contracting Parties agree that, upon the receipt of the report of the International Commission as provided in Article III, they will immediately endeavor to adjust the dispute directly between them upon the basis of the Commission's findings. The High Contracting Parties, however, reserve the right to act independently on the subject matter of the dispute after the report of the Commission shall have been submitted. ARTICLE V. soon The present treaty shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by His Majesty the King of Denmark. The ratifications shall be exchanged at Washington as as possible. It shall take effect immediately after the exchange of ratifications, and shall continue in force for a period of five years; and it shall thereafter remain in force until twelve months after one of the High Contracting Parties shall have given notice to the other of an intention to terminate it. 29479-S. Doc. 348, 67-47 |