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A fugitive criminal shall not be surrendered if the offense in respect of which his surrender is demanded be of a political character, or if he proves that the requisition for his surrender has, in fact, been made with a view to try or punish him for an offense of a political character.
If any question shall arise as to whether a case comes within the provisions of this article, the decision of the authorities of the Government on which the demand for surrender is made shall be final.
No person surrendered by either of the high contracting parties to the other shall be triable or tried or be punished for any crime or offense committed prior to his extradition, other than the offense for which he was delivered up, nor shall such person be arrested or detained on civil process for a cause accrued before extradition, unless he has been at liberty for one month after having been tried, to
ing suffered his punishment or having been pardoned.
Extradition shall not be granted, in pursuance of the provisions of this convention, if the person claimed has been tried for the same act in the country to which the requisition is addressed, or if legal proceedings or the enforcement of the penalty for the act committed by the person claimed have become barred by limitation, ac-. cording to the laws of the country to which the requisition is addressed.
If the person whose extradition may be claimed, pursuant to the stipulations hereof, be actually under prosecution for a crime or of.
convicted thereof, his extradition may be deferred until such proceedings be terminated, and until such criminal shall be set at liberty in due course of law.
If the individual claimed by one of the high contracting parties, in pursuance of the present treaty, shall also be claimed by one or several other powers on account of crimes or offenses committed within their respective jurisdictions, his extradition shall be granted to the State whose demand is first received: Provided, That the Government from which extradition is asked is not bound by treaty, in case of concurrent demands, to give preference to the one earliest in date, in which event that shall be the rule: And provided, That no other arrangement is made between the demanding Governments according to which preference may be given either on account of the gravity of the crime committed or for any other reason.
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The esperses incurred in the arres, detention, examination, and delivery of figitires Ender this treatr sail be borne by the Stare in whose baile ile estrditionis prger: Pomiriied. That the demanding Government call not be compelied to bear any expens for the errices of such pubile oficers or functionaries of the Ciorernment from which estndition is sought as receive a fisei salary: ind prorica, That the charge for the services of such public oficers or functionaries as receive only fees or perquisites shall not exind their customary fees for the acts or services performed by them had such acts or services been performed in onlinary criminal proceedings under the laws of the country of which they are officers or functionaries
In the colonies and other possessions of the two high contracting parties the manner of proceeding mar be as follows:
The requisition for the surrender of a fugitire criminal who has taken refuge in a colony or foreign possession of either party may be made to the governor or chief authority of such colony or posession by the chief consular officer of the other in such colony or possession; or, if the fugitive has escaped from a colony or foreign possession of the party on whose behalf the requisition is made, by the governor or chief authority of such colony or possession.
Such requisitions may be disposed of, subject always, as nearly as may be, to the provisions of this treaty, by the respective governors or chief authorities, who, however, shall be at liberty either to grant the surrender or refer the matter to their Government.
The present treaty shall take effect on the thirtieth day after the date of the exchange of ratifications, and shall not operate retroactively.
On the day on which it takes effect, the conventions of November 9, 1843, February 24, 1815, and February 10, 1858, shall cease to be in force except as to crimes therein enumerated and committed prior to that date.
The ratifications of this treaty shall be exchanged at Paris as soon as possible, and it shall remain in force for a period of six months
after either of the two Governments shall have given notice of a purpose to terminate it.
In witness whereof, the respective plenipotentiaries have signed the above articles both in English and the French languages and have hereunto affixed their seals. Done in duplicate at Paris, on the 6th January, 1909.
[SEAL] HENRY WHITE. (SEAL] S. Pichon.
And whereas the said treaty, as amended by the Senate of the
tions of the two Governments were exchanged in the city of Paris, on the twenty-seventh day of June, one thousand nine hundred and eleven:
Now, therefore, be it known that I, William Howard Taft, President of the United States of America, have caused the said treaty to be made public, to the end that the same and every article and clause thereof, as amended, may be observed and fulfilled with good faith by the United States and the citizens thereof.
In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington this twenty-sixth day of July in
the year of our Lord one thousand nine hundred and eleven, [SEAL) and of the independence of the United States of America the one-hundred and thirty-sixth.
WM. H. Tart. By the President:
P. C. Knox, Secretary of State.
[SEAL] the power of Wales to retinens
ARRANGEMENT BETWEEN THE UNITED STATES AND OTHER POWERS RELATIVE TO THE REPRESSION OF THE CIRCULATION OF OBSCENE PUBLICATIONS.
Signed at Paris, May 4, 1910.
Republic, March 15, 1911.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
and Germany, Austria-Hungary, Belgium, Brazil, Denmark, Spain, France, Great Britain, Italy, the Netherlands, Portugal, Russia, and Switzerland relative to the suppression of the circulation of obscene publications, was concluded and signed by their respective plenipotentiaries at Paris, on the fourth day of May, one thousand ninehundred and ten, the original of which arrangement, being in the French language, is word for word as follows:
ARRANGEYENT ELATNE TO THE ITENSON F THE CINTLATION OF
The Gore.Laerts of the power generde rared, erals der ous of faciating win tee pure of the nature legation the mutual interesarge of informatie wich a rew to theirg and represeng ciences counted with c ene publicis hare re solred to conclude an arrangement to that end and have, in cons quence, designatel seir perpendiaries who net in conference at Paris from April is to Mar 1, 1910, and agter on the following provisions:
ARTICLE I. Each one of the contracting powers undertakes to establish or designate an authority charged with the duty of
(1) Centralizing all information which may facilitate the tracing and repressing ct acts constituting infringements of their municipal law as to obscene writings, drawings, pictures or articles and the constitutive elements of which bear an international character.
(2) Supplying all information tending to check the importation of publications or articles referred to in the foregoing paragraph and also to insure or expedite their seizure all within the scope of municipal legislation. • (3) Communicating the laws that have already been or mar subsequently be enacted in their respective States in regard to the objeet of the gresent arrangement.
The contracting Governments shall mutually make known to one another, through the Government of the French Republic, the authority established or designated in accordance with the present article.
The authority designated in Article I shall be empowered to correspond directly with the like service established in each one of the other contracting States.
The authority designated in Article I shall be bound, if there be nothing to the contrary in the municipal law of its country, to communicate bulletins of the sentences passed in the said country to the similar authorities of all the other contracting States in cases of offences coming under Article I.
Nonsignatory States will be permitted to adhere to the present arrangement. They shall notify their intention to that effect by means of an instrument which shall be deposited in the archives of the Government of the French Republic. The said Government shall send through diplomatic channel a certified copy of the said instrument to each one of the contracting States and shall at the same time apprize them of the date of deposit.
Six months after that date the arrangement will go into effect throughout the territory of the adhering State which will thereby become a contracting State.
The present arrangement shall take effect six months after the date of deposit of the ratifications.
In the event of one of the contracting States denouncing it, the denunciation would only have effect in regard to that State.
The denunciation shall be notified by an instrument which shall be deposited in the archives of the Government of the French Republic. The said Government shall send through the diplomatic channel a certified copy thereof to each one of the contracting States and at the same time apprize them of the date of deposit.
Twelve months after that date the arrangement shall cease to be in force throughout the territory of the denouncing State.
The present arrangement shall be ratified and the ratifications shall be deposited at Paris as soon as six of the contracting States shall be in position to do so.
A procés verbal of every deposit of ratifications shall be drawn up and a certified copy thereof shall be delivered through the diplomatic channel to each one of the contracting States.
Should a contracting State wish to enforce the present arrangement in one or more of its colonies, possessions, or consular court districts, it shall notify its intention to that effect by an instrument which shall be deposited in the archives of the Government of the French Republic. The said Government shall send through the diplomatic channel a certified copy to each one of the contracting States and at the same time apprize it of the date of the deposit.
Six months after that date the arrangement shall go into effect in the colonies, possessions, or consular court districts specified in the instrument of notification.
The denunciation of the arrangement by one of the contracting States in behalf of one or more of its colonies, possessions, or consular court districts will be effected in the form and under the conditions set forth in the first paragraph of this article It will become operative twelve months after the date of the deposit of the instrument of denunciation in the archives of the Government of the French Republic.
The present arrangement which will bear date of May 4, 1910. may be signed at Paris until the following 31st of July by the pleni. potentiaries of the powers represented at the conference relative to the repression of the circulation of obscene publications.