5. The forgery, counterfeiting, or alteration of coin, paper-money, public bonds and coupons thereof, bank notes, obligations, or other certificates or instruments of credit, the emission or circulation of such instruments of credit, with fraudulent intent; the counterfeiting or forgery of public seals, stamps, or marks, or the fraudulent use of such counterfeited or forged articles.

6. Embezzlement by public officials, or by other persons, to the prejudice of their employers; larceny; obtaining money or other property by false pretences; receiving money, valuable securities, or other property, knowing the same to have been embezzled, stolen, or fraudulently obtained. The amount of money or the value of the property obtained or received by means of such criminal acts, must exceed 1,000 fr.

7. Frand or breach of trust, committed by a fiduciary, attorney, banker, administrator of the estate of a third party, or by the president, a member, or an officer of a corporation or association, when the loss involved exceeds 1,000 fr.

8. Perjury; subornation of perjury.

9. Abduction; rape; kidnapping of minors; bigamy; abortion. 10. Wilful and unlawful destruction or obstruction of railroads, endangering human life.

11. Piracy; wilful acts causing the loss or destruction of a vessel. III. Extradition shall likewise be granted for an attempt to commit, or participation in, any of the crimes and offences enumerated in Article II, provided such attempt or participation is punishable in the United States as a felony, and in Switzerland with death, or confinement in a penitentiary or workhouse.

IV. No extradited person shall be tried by a special Court.

V. Demands for the extradition of fugitive criminals shall be made by the Diplomatic Representative, or, in his absence, by one of the Consular Agents of the State making the requisition.

When the person whose extradition is asked has been sentenced for the offence which occasioned the demand for extradition, such demand shall be accompanied by a certified copy of the sentence pronounced; if the person demanded is merely charged with an offence, the demand shall be accompanied by a duly certified copy of the warrant of arrest issued by the competent Magistrate of the country in which the offence was committed, and by certified copies of the depositions or other evidence upon the basis of which the warrant was issued. These documents shall contain an accurate statement of the offence charged, of the place where and the time when it was committed. They shall be accompanied by a certified copy of the provisions of law applicable to the offences charged, as shown by statute or judicial decision, and by the evidence necessary to establish the identity of the person demanded.

The extradition procedure shall be governed by the Regulations in force at the time of the demand, in the State upon which the demand is made.

VI. When it is desired to procure the arrest of a fugitive, by telegraph or otherwise, before the regular papers have been presented, the procedure in the United States shall be to apply to a Judge or Magistrate authorized to issue warrants of arrest in extradition cases, and to present a complaint on oath, as provided by the laws of the United States.

To procure the provisional arrest of a fugitive in Switzerland, the Diplomatic Representative or a Consular Agent of the United States shall apply to the President of the Confederation who will order the necessary steps to be taken.

The provisional detention of a fugitive shall cease, and the person arrested shall be released, if a formal demand for extradition, accompanied by the necessary papers, is not presented, in the manner provided in the present Treaty, within two months after the day of

arrest.

VII. Extradition shall not be granted for political crimes or offences. No person surrendered under the present Treaty, for a common crime, shall be prosecuted or punished for a political offence committed before his extradition.

If the question arise in a particular case, whether the offence committed is or is not of a political character, the authorities of the State upon which the demand is made shall decide.

VIII. Extradition shall not be granted when, under the laws of the State upon which the requisition is made, or under those of the State making the requisition, the criminal prosecution or penalty imposed is barred by limitation.

IX. No person surrendered by either of the Contracting States to the other shall be prosecuted or punished for any offence committed before the demand for extradition, other than that for which the extradition is granted, unless he expressly consents to it in open Court, which consent shall be entered upon the record, or unless, having been at liberty during one month after his final release to leave the territory of the State making the demand, he has failed to make use of such liberty.

The State to which a person has been surrendered shall not surrender him to a third State, unless the provisions contained in the first paragraph of the present Article have been fulfilled.

X. When the person whose extradition is demanded is prosecuted, or has been convicted, in the State of refuge, for another offence, the extradition may be postponed until the close of the criminal prosecution or the expiration of the penalty.

XI. If the extradition of the

demanded by either of the

two Contracting States is likewise demanded by one or more other States, for offences committed by the said person in their territory, preference shall be given to the State whose requisition is based upon the most serious offence, unless the State upon which the requisition is made is bound by Treaty to give preference to another.

If the offences are of equal gravity, the demand first presented shall have preference, unless the State upon which the requisition is made is bound by Treaty to give preference to another State.

XII. All articles seized which are in the possession of the person demanded, at the time of his arrest, shall at the time of the extradition be delivered up with his person, and such delivery shall extend, not only to articles acquired by means of the offence with which the accused is charged, but to all other articles that may serve to prove the offence.

The rights of third parties to the articles in question shall, however, be duly respected.

XIII. The expenses incurred in the arrest, detention, examination, and surrender of the fugitive shall be borne by the State making the demand. The State making the demand shall not, however, be charged for the services of such officials of the Government upon which the demand is made, as receive a fixed salary; for the services of officials receiving only fees, no higher fees shall be charged than those to which such officials are entitled under the laws of the country for services rendered in ordinary criminal cases.

XIV. The present Treaty shall go into effect thirty days after the exchange of ratifications. This Treaty repeals Articles XIII, XIV, XV, XVI, and XVII of the Treaty of the 25th November, 1850,* between the Swiss Confederation and the United States of America; and the provisions in those Articles shall henceforward apply only to demands for extradition pending at the time when the present Treaty goes into effect.

The ratifications shall be exchanged at Washington as soon as possible. After the denunciation of this Treaty by either of the Contracting Governments, the Treaty shall still remain in force for six months after the day of the denunciation.

In witness whereof, the respective Plenipotentiaries have signed the foregoing Articles, and have affixed their seals.

Done in duplicate at Washington, in the English and French languages, the 14th day of May, 1900.

(L.S.) JOHN HAY.

(L.S.) J. B. PIODA.

* Vol. XXXVIII, page 285.

COPYRIGHT CONVENTION between Italy and Montenegro. -Signed at Cettinjé, November 14, 1900.

[Ratifications exchanged at Cettinjé, January 31, 1901.]

SA Majesté le Roi d'Italie et Son Altesse le Prince de Monténégro, animés du désir de garantir dans leurs États les droits des auteurs sur leurs œuvres littéraires ou artistiques, ont résolu de conclure à cet effet une Convention et ont nommé pour leurs Plénipotentiaires, savoir:

Sa Majesté le Roi d'Italie, le Marquis François Bianchi de Castelbianco, son Envoyé Extraordinaire et Ministre Plénipotentiaire auprès Son Altesse le Prince de Monténégro; et

Son Altesse le Prince de Monténégro, le Voïvode Gavro Voucovitch, son Ministre des Affaires Étrangères;

Lesquels, après s'être communiqué leurs pleins pouvoirs, trouvés en bonne et due forme, sont convenus des Articles suivants :

ART. I. Le Gouvernement d'Italie et le Gouvernement du Monténégro s'engagent réciproquement à empêcher sur leur territoire respectif toute reproduction illicite d'œuvres artistiques ou littéraires, qui, publieés sur le territoire de l'autre État, y auraient été déposées avec réserve des droits d'auteur, de même que toute représentation ou exécution illicite des œuvres dramatiques ou musicales d'auteurs ressortissants à l'un des deux pays et réservées sur le territoire de l'autre État; à poursuivre les contrefacteurs et auteurs des reproductions illicites et à saisir les originaux et les copies des œuvres contrefaites, ainsi que les instruments de contrefaçon.

II. La présente Convention sera ratifiée, et les ratifications en seront échangées à Cettigne, le plutôt possible. Elle entrera en vigueur un mois après l'échange des ratifications.

III. La présente Convention aura la durée de dix ans, et il est entendu que si elle ne sera pas dénoncée à son échéance elle se trouvera prorogée d'année en année, tant que l'une ou l'autre des Parties Contractantes ne l'aura dénoncée. La dénonciation devra avoir lieu six mois avant l'échéance.

En foi de quoi les Plénipotentiaires respectifs ont signé cette Convention et l'ont révêtue de leurs cachets.

Faite, en double expédition, à Cettigne, le 14 Novembre, 1900.
(L.S.) BIANCHI DE CASTELBIANCO.
(L.S.) V. G. VOUCOVITCH.

TREATY of Friendship and Extradition between Italy and Bolivia.-Signed at Lima, October 18, 1890.

[Ratifications exchanged at La Paz, January 7, 1901.]

(Translation.)

His Majesty the King of Italy and his Excellency the Constitutional President of the Republic of Bolivia, desiring to establish upon a solid basis the relations between the two countries, have determined to conclude for this purpose a Treaty of Friendship and Extradition, and have named as their Plenipotentiaries, that is to say:

His Majesty the King of Italy, Mr. David Segre, Officer of the Order of the Crown of Italy, &c., his Minister-Resident for the Republics of Bolivia and Peru;

His Excellency the Constitutional President of the Republic of Bolivia, Mr. Pietro Garcia, Envoy Extraordinary and Minister Plenipotentiary of Bolivia, Minister to the Republic of Peru;

Who, having communicated to each other their respective full powers, found in good and due form, have agreed to the following Articles:

ART. I. There shall be constant peace and perpetual friendship between the Kingdom of Italy and the Republic of Bolivia.

II. Each of the two High Contracting Parties shall be at liberty to establish Consuls-General, Consuls, Vice-Consuls, and Consular Agents in the territory of the other State, in the towns and places where any other Power is allowed to establish them.

These officers shall be reciprocally admitted and recognized on presenting their commissions of appointment according to the rules and forms laid down in the respective countries, and shall enjoy all the honours, powers, prerogatives, immunities, and privileges which are or shall be granted to the Agents of the same class of the most favoured nation.

Each of the Contracting Parties may, failing, or in the absence of, its own Consular Agents, avail itself of recognized foreign Agents in the territory of the other.

III. Italian citizens in Bolivia and Bolivian citizens in Italy shall, as far as concerns the protection of the local laws, commerce, navigation, circulation, the payment of taxes, civil Acts, the means of acquiring and transferring property, as also access direct or by means of representatives, to the Tribunals, and assistance and treatment in asylums and hospitals, enjoy the same rights, immunities, and privileges as are enjoyed by nationals.

They shall be exempt from obligatory service either in the army or navy, in the national guard or militia; they shall also be exempt