In case of the absence of such agents either from the country or from the seat of Government, such requisitions may be made by the superior consular officer. When the person whose surrender is requested shall already have been convicted of the crime or offense for which his extradition is demanded, the demand therefor shall be accompanied by a copy of the judgment of the court that pronounced the sentence, bearing the seal of said court. The signature of the judge thereof shall be authenticated by the proper executive officer of the demanding Government, whose official character shall, in turn, be attested by the diplomatic agent or superior consular officer of the Government on which the demand is made. When the person whose surrender is asked shall be merely charged with the commission of an extraditable crime or offense, the application for extradition shall be accompanied by an authenticated copy of the warrant of arrest or of some other equivalent judicial document issued by a judge or a magistrate duly authorized to do so; and likewise by authenticated copies of the depositions or declarations made before such judge or magistrate and setting forth the acts with which the fugitive is charged. ARTICLE VII. It shall be lawful for any competent judicial authority of the United States, upon production of a certificate issued by the Secretary of State, stating that request has been made by the Imperial Government of Russia for the provisional arrest of a person convicted or accused of the commission therein of a crime or offense extraditable under this Convention, and upon complaint, duly made, that such crime or offense has been so committed, to issue his warrant for the apprehension of such person. But if the formal requisition for surrender, with the formal proofs herein before mentioned, be not made as aforesaid by the diplomatic agent of the demanding Government, or, in his absence, by the competent consular officer, within forty days from the date of the commitment of the fugitive, the prisoner shall be discharged from custody. And the Imperial Russian Government will, upon request of the Government of the United States, transmitted through the diplomatic agent of the United States, or, in his absence, through the competent consular officer, secure the provisional arrest of persons convicted or accused of the commission therein of crimes or offenses extraditable under this convention. But if the formal requisition for surrender, with the formal proofs herein before mentioned, be not made as aforesaid by the diplomatic agent of the demanding Government, or, in his absence, by the competent consular officer within forty days from the date of the arrest of the fugitive, the prisoner. shall be discharged from custody. ARTICLE VIII. Articles in the possession of the fugitive that have aided the commission of the crime or offense, and any article or property which was obtained through the commission of the crime or offense charged, and, also, any other article that may serve to convict, shall, if the demand for extradition be granted, be delivered to the authorities of the demanding Government, even where, owing to the death or escape of the fugitive, extradition can not take place. Such delivery shall also include articles of the character above-mentioned which the fugitive may have concealed or deposited in the country of refuge, and which may subsequently be found there. The rights of third parties to the above-mentioned articles shall, nevertheless, be duly respected, and they shall be returned to the owners free of expense after the conclusion of the case. The right of the Government on which the demand for extradition is made to temporarily retain such articles, when they may be necessary for the institution of criminal proceedings occasioned by the same act that has given rise to the demand for extradition, or by any other act, is admitted. ARTICLE IX. In case the person whose extradition iş demanded under the present Convention is also claimed by another Government, preference shall be given to the Government whose demand shall be earliest in point of time: Provided the Government from which extradition is sought is not bound by treaty to give preference otherwise. . ARTICLE X. The expense occasioned by the arrest, detention, and transportation of persons whose extradition is requested shall be borne by the Government making the application. ARTICLE XI. The present Convention shall be ratified and the ratifications shall be exchanged at St Petersburg as soon as possible. It shall take effect on the twentieth day after its promulgation in the manner prescribed by the laws in force in the territories of the contracting parties. It shall remain in force for six months after notice of its termination shall have been given by either of the contracting parties. In witness whereof, the respective Plenipotentiaries have signed the present convention and have thereunto affixed the seals of their arms. Done in duplicate, at the city of Washington, on the twenty-eighth day of March, one thousand eight hundred and eighty-seven. T. F. BAYARD [SEAL.] C STRUVE ROSEN SEAL. SEAL. 1894. AGREEMENT FOR A MODUS VIVENDI IN RELATION TO THE FUR-SEAL FISHERIES IN BEHRING SEA AND THE NORTH PACIFIC OCEAN. Concluded May 4, 1894; ratification advised by the Senate May 9, 1894; proclaimed May 12, 1894. (U. S. Stats., vol. 28, p. 1202.) PARAGRAPHS. 1. Sealing by United States citizens prohibited on Russian coasts. 2. Seizure of offending vessels. 3. Trials. 4. Limit of catch. 5. Retroactive force. For the purpose of avoiding difficulties and disputes in regard to the taking of fur-seal in the waters of Behring Sea and the North Pacific Ocean, and to aid in the preservation of seal life, the Govern ment of the United States and the Imperial Government of Russia have entered into the following temporary agreement, with the understanding that it is not to create a precedent for the future, and that the contracting parties mutually reserve entire liberty to make choice hereafter of such measures as may be deemed best adapted for the protection of the fur-seal species, whether by means of prohibitive zones, or by the complete prohibition of pelagic sealing, or by appropriate regulation of seal-hunting in the high seas. 1. The Government of the United States will prohibit citizens of the United States from hunting fur-seal within a zone of ten nautical miles along the Russian coasts of Behring Sea, and of the North Pacific Ocean, as well as within a zone of thirty nautical miles around the Komandorsky (Commander) Islands and Tulienew (Robben) Island, and will promptly use its best efforts to ensure the observance of this prohibition by citizens and vessels of the United States. 2. Vessels of the United States engaged in hunting fur-seal in the above-mentioned zones outside of the territorial waters of Russia may be seized and detained by the naval or other duly commissioned officers of Russia; but they shall be handed over as soon as practicable to the naval or other commissioned officers of the United States or to the nearest authorities thereof. In case of impediment or difficulty in so doing, the commander of the Russian cruiser may confine his action to seizing the ship's papers of the offending vessels in order to deliver them to a naval or other commissioned officer of the United States, or to communicate them to the nearest authorities of the United States as soon as possible. 3. The Government of the United States agrees to cause to be tried by the ordinary courts, with all due guarantees of defense, such vessels of the United States as may be seized, or the ship's papers of which may be taken, as herein prescribed, by reason of their engaging in the hunting of fur-seal within the prohibited zones outside of the territorial waters of Russia aforesaid. 4. The imperial Russian Government will limit to 30,000 head the number of fur-seal to be taken during the year 1894, on the coasts of the Komandorsky (Commander) and Tulienew (Robben) Islands. 5. The present agreement shall have no retroactive force as regards the seizure of any seal-hunting vessel of the United States by the naval or other commissioned officers of Russia prior to the conclusion hereof. 6. The present agreement being intended to serve the purpose of a mere provisional expedient to meet existing circumstances, may be terminated at will by either party upon giving notice to the other. In witness whereof, we, Walter Q. Gresham, Secretary of State of the United States, and Prince Gregoire Cantacuzene, Envoy Extraordinary and Minister Plenipoteniary of His Majesty the Emperor of all the Russias, have, on behalf of our respective Governments, signed and sealed this Agreement in duplicate, and in the English and French 4 May languages, in the City of Washington, this 1894. 22 April SALVADOR. (FORMERLY SAN SALVADOR.) 1850. CONVENTION OF AMITY, NAVIGATION, AND COMMERCE. Concluded January 2, 1850; ratification advised by the Senate September 24, 1850; ratified by the President November 14, 1850; time for exchange of ratifications extended by the Senate September 27, 1850; ratifications exchanged June 2, 1852; exchange of ratifications consented to by the Senate April 4, 1853; proclaimed April 18, 1853. (Treaties and Conventions, 1889, p. 945.) This treaty of thirty-six articles was superseded by the Treaty of December 6, 1870. 1870. EXTRADITION CONVENTION. Concluded May 23, 1870; ratification advised by the Senate December 9, 1870; ratified by the President December 16, 1870; time for exchange of ratifications extended by convention of May 12, 1873; ratifications exchanged March 2, 1874; proclaimed March 4, 1874. (Treaties and Conventions, 1889, p. 955.) This convention, consisting of eight articles, was denounced on notice given by Salvador, to take effect March 2, 1904. 1870. TREATY OF AMITY, COMMERCE, AND CONSULAR PRIVILEGES. Concluded December 6, 1870; ratification advised by the Senate March 31,1871; ratified by the President April 11, 1871; time for exchange of ratifications extended by convention of May 12, 1873; ratifications exchanged March 11, 1874; proclaimed March 13, 1874. (Treaties and Conventions, 1889, p. 957.) Upon notice from the Government of Salvador this general treaty of thirty-nine articles was abrogated May 30, 1893. 1873. EXTRADITION CONVENTION. Concluded May 12, 1873; ratification advised by the Senate February 9, 1874; ratified by the President February 16, 1874; ratifications exchanged March 2, 1874; proclaimed March 4, 1874. (U. S. Stats., vol. 18, p. 796). This convention extended for one year the time for the exchange of ratifications of the Extradition Convention of May 23, 1870. 1873. CONVENTION OF AMITY, COMMERCE, AND CONSULAR PRIVILEGES. Concluded May 12, 1873; ratification advised by the Senate March 2, 1874; ratified by the Senate March 10, 1874; ratifications exchanged March 11, 1874; proclaimed March 13, 1874. (U. S. Stats., vol. 18, p. 798.) The time for the exchange of ratifications of the Treaty of December 6, 1870, was extended one year by this convention. |