Page images
PDF
EPUB

with the principles internationally accepted as governing the demarcation of boundaries similarly described.

I have, &c., Sir Li. Mathews.

BASIL S. CAVE.

No. 2.-Sir Ll. Mathews to Mr. Basil Cave.

SIR,

Zanzibar, July 13, 1899. I HAVE the honour to acknowledge the receipt of your despatch of to-day's date, referring to the line of demarcation between His Highness' dominions on the mainland and the remainder of the British East Africa Protectorate, as set out by Her Britannic Majesty's Agent and Consul-General representing the Goveroment of Zanzibar and Mr. Whitehouse, the Chief Engineer of the Uganda Railway, on the 18th July, 1898.

The boundary which was agreed to was not measured according to any hard and fast rule, but for mutual convenience in order that no changes might be made which could affect localities hitherto recognized as lying either within or without the Zanzibar dominions.

I have, &c., Basil S. Cave, Esq.

LLOYD WM. MATHEWS.

PERUVIAN DECREE relative to the Marriage of Non

Catholics.Lima, May 9, 1899.

(Translation.)
The President of the Republic,

Considering: That the Laws existing up to 1897 do not permit other marriage than that of Catholics, and that the Law of the 23rd December of the said year* was passed with the sole object of providing for that of non-Catholics;

That the said Law contains no provisions respecting the manner of proving for such object the non-Catholic quality of the contracting parties, the first condition essential for its application;

That this bas given rise in the execution of the Law to contentions and delays, which it is urgent to remove by prescribing a legal aud ready method of providing proof;

That, moreover, no process has been determined for making clear the application of the Law in case of the refusal of permission by the

* Vol. LXXXIX, page 1142.

ecclesiastical authority for the marriage on account of difference of religion.

In exercise of the power conferred upon me by paragraph 5 of Article 94 of the Constitution,

I decree: ART. I. Persons who, for the reason that they are not Catholics, have recourse to the judicial authority in order to contract marriage in conformity with the said Law, shall accompany their petition by a document which declares to what religion they belong.

II. Those who belong to no religion or cannot, without grave difficulty, produce such legal proof, shall, in its place, supply a sworn declaration in writing, accompanied by that of at least two persons of well-known standing, resident in the place, testifying to the fact that the petitioners have not been baptized into the Catholic Church.

III. The Judge shall receive personally from the petitioners and their witnesses a sworn verbal ratification of their affirmation in the first place, and of their declaration in the second place, and shall exercise proper diligence in the matter.

IV. If, in the place where the petition for marriage is presented, the parties interested cannot produce witnesses, but assert that they can produce them in some other place within or outside the Republic, letters requisitorial shall be issued for the declarations to be received.

V. Those who petition to contract marriage civilly on account of the refusal of the ecclesiastical authority to grant the dispensation in respect of the impediment arising from difference of religion, shall inclose an authentic statement of such refusal.

If the parties interested set forth that it has not been possible to obtain this statement, the Judge shall apply for it direct to the competent ecclesiastical authority, and on a reply being received sball grant the proper authorization. Given in the Government House at Lima, 9th May, 1899.

N. DE PIÉROLA. JOSÉ J. LOAYZA.

CONVENTION between the United States and Mexico, for the

Extradition of Criminals.Signed at Mexico, February 22, 1899.

[Ratifications exchanged at Mexico, April 22, 1899.]

THE United States of America and the United States of Mexico having judged it expedient, with a view to the better administra

tion of justice and the prevention of crime within their respective territories and jurisdictions, that persons charged with, or convicted of, the crimes and offences hereinafter enumerated, and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up, have resolved to conclude a new Convention for that purpose, and have appointed as their Plenipotentiaries :

The President of the United States of America, Powell Clayton, Ambassador Extraordinary and Plenipotentiary of said United States at Mexico; and

The President of the United States of Mexico, Don Ignacio Mariscal, Secretary of Foreign Relations ;

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

ART. I. The Government of the United States of America and the Government of the United States of Mexico mutually agree to deliver up persons who, having been charged with, or convicted of, any of the crimes and offences specified in the following Article, committed within the jurisdiction of one of the Contracting Parties, shall seek an asylum or be found within the territory of the other.

II. Persons shall be delivered up, according to the provisions of this Convention, who shall have been charged with, or convicted of, any of the following crimes or offences :

1. Murder, comprehending the crimes known as parricide, assassination, poisoning, and infanticide.

2. Rape;
3. Bigamy;
4. Arson ;
5. Crimes committed at sea-

(a.) Piracy, as commonly known and defined by the law of nations;

(6.) Destruction or loss of a vessel, caused intentionally, or conspiracy and attempt to bring about such destruction or loss when committed by any person or persons on board of said vessel on the bigh seas;

(c.) Mutiny or conspiracy by two or more members of the crew or other persons on board of a vessel on the high seas, for the purpose of rebelling against the authority of the captain or commander of such vessel, or by fraud, or by violence, taking possession of such vessel ;

6. Burglary, defined to be the act of breaking and entering into the house of another in the night time, with intent to commit a felony therein;

7. The act of breaking into and entering public offices, or the offices of banks, banking-houses, savings banks, Trust Companies, or

Insurance Companies, with intent to commit thefts therein, and also the thefts resulting from such acts;

8. Robbery, defined to be the felonious and forcible taking from the person of another of goods or money, by violence, or by putting the person

in fear ; 9. Forgery, or the utterance of forged papers;

10. The forgery or falsification of the official acts of the Governpient or public authority, including Courts of Justice, or the utterance or fraudulent use of any of the same;

11. The fabrication of counterfeit money, whether coin or paper, counterfeit titles or coupons of public debt, bank-notes, or other instruments of public credit; of counterfeit seals, stamps, dies, and marks of State or public administration, and the utterance, circulation, or fraudulent use of any of the above-mentioned objects;

12. The introduction of instruments for the fabrication of counterfeit coin or bank-notes, or other paper current as money;

13. Embezzlement or criminal malversation of public funds committed within the jurisdiction of either Party by public officers or depositories;

14. Embezzlement of funds of a bank of deposit or savings bank, or Trust Company chartered under Federal or State laws;

15. 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;

16. Kidnapping of minors or adults, defined to be the abduction or detention of a person or persons in order to exact money from them or from their families, or for any other unlawful end;

17. Mayhem, and any other wilful mutilation causing disability or death;

18. The malicious and unlawful destruction or attempted destruction of railways, trains, bridges, vehicles, vessels, and other means of travel, or of public edifices and private dwellings when the act committed shall endanger human life;

19. Obtaining by threats of injury, or by false devices, money, valuables, or other personal property, and the purchase of the same with the knowledge that they have been so obtained, when such crimes or offences are punishable by imprisonment or other corporal punishment by the laws of both countries;

20. Larceny, defined to be the theft of effects, personal property, horses, cattle, live-stock, or money, of the value of 25 dollars or more, or receiving stolen property, of that value, knowing it to be stolen;

21. Extradition shall also be granted for the attempt to commit any of the crimes and offences above enumerated, when such

attempt is punishable as a felony by the laws of both Contracting Parties.

III. Extradition shall not take place in any of the following

cases :

1. When the evidence of criminality presented by the demanding Party would not justify, according to the laws of the place where the fugitive or person so charged shall be found, his or her apprehension and commitment for trial, if the crime or offence had been there committed.

2. When the crime or offence charged shall be of a purely political character.

3. When legal proceedings or the enforcement of the penalty for the act committed by the person demanded has become barred by limitation according to the laws of the country to which the requisition is addressed.

4. When the extradition is demanded ou account of a crime or offence for which the person demanded is undergoing, or has undergone, punishment in the country from which the extradition is demanded, or in case he or she shall have been prosecuted therein on the same charge and acquitted thereof : provided that, with the exception of the offences included in clause 13, Article II of this Convention, each Contracting Party agrees not to assume jurisdiction in the punishment of crimes coinmitted exclusively within the territory of the other.

IV. Neither of the Contracting Parties shall be bound to deliver up its own citizens under the stipulations of this Convention; but the executive authority of each shall have the power to deliver them up, if, in its discretion, it be deemed proper to do so.

V. If the person whose surrender may be claimed, pursuant to the stipulations of the present Convention, shall have been accused or arrested for the commission of any offence in the country where he or she has sought asylum, or shall have been convicted thereof, his or her extradition may be deferred until he or she is entitled to be liberated on account of the offence charged, for any of the following reasons : Acquittal ; expiration of term of imprisonment; expiration of the period to which sentence may have been commuted, or pardon.

VI. If a fugitive criminal claimed by one of the Parties hereto shull also be claimed by one or more Powers, pursuant to Treaty provisions on account of crimes or offences committed within their jurisdiction, such criminal shall be delivered up in preference in accordance with that demand which is the earliest in date.

VII. A person who has been surrendered on account of one of the crimes or offences mentioned in Article II shall in no case be prosecuted and punished in the country in which his or her extra

« PreviousContinue »