« PreviousContinue »
lading for which was signed and given before the commencement of this Act.
H. W. C. CARNDUFF, Officiating Secretary
to the Government of India.
GERMAN ORDINANCE respecting the Assumption of
Authority by the German Empire over the Protectorate of
WE Wilhelm, German Emperor, King of Prussia, &c., by the grace of God, direct in the name of the Empire, in view of the Law concerning the privileges of the German Protectorates, as follows:
$ 1. Authority over the Protectorate of German New Guinea will be assumed by the Empire on the 1st April, 1899.
Our letters granted to the New Guinea Company, dated the 17th May, 1885, and 13th December, 1886, and our Ordinance respecting the jurisdiction of the New Guinea Company over the natives in their Protectorate, dated the 15th October, 1897, cease to have effect.
§ 2. Special rights of property and other privileges granted to the New Guinea Company by virtue of our letters of protection and of the existing Regulations, are transferred, without prejudice to the rights reserved by Treaty to the Company, to the Exchequer administration of the Protectorate of German New Guinea (Law respecting Receipts and Expenditure in the Protectorates, of the 30th March, 1892), on the 1st April, 1899.
§ 3. The Regulations affecting mining property, in accordance with $ 2 of the Law concerning the privileges of the German Protectorates, do not apply. The Imperial Chaụcellor, and, with bis sanction, the Governor, have been authorized for the present to deal with this question.
$ 4. The Imperial Chancellor will issue such Regulations as may be necessary to carry this Ordiuance into effect.*
$ 5. This Ordinance takes effect from the 1st April, 1899.
(L.S.) WILHELM, I. R. PRINCE HOHENLOHE.
Regulations for carrying into effect the Imperial Ordinance of March
27, 1899, respecting the Assumption of Authority by the Empire over
the Protectorate of German New Guinea.—Berlin, April 1, 1899. (Translation.)
In accordance with § 4 of the Imperial Ordinance of the 27th March, 1899,* the following Regulations shall apply to the Protectorate of German New Guinea :
$ 1. According to $ 2 of the above Imperial Ordinance, the following special rights of property hitherto appertaining to the New Guinea Company are transferred to the Exchequer administration of the Protectorate of German New Guinea :
(a.) The sole right of taking possession of unowned land and disposing of it, and the sole right of concluding Treaties with the natives as to territorial and landed rights.
(6.) The right to follow the following trades dependent upon magisterial sanction: the mother of pearl-shell and pearl fisheries, also trebang fisheries, collection of guano, or other fertilizers, mining for ore, precious stones, and combustible minerals, the use of the cocoa-nut palm for copra, which are neither in the possession of natives or otherwise private persons, the coast fisheries and wood-cutting on all territory not in private hands, for trading and industrial purposes.
$ 2. All the authority, judicial and administrative, of the District Governor of the Protectorate of the New Guinea Company, is transferred to the Imperial Governor of German New Guinea.
The Governor is authorized to issue Police and other Regulations affecting the administration, and to prescribe penalties for disobedience thereof, consisting of imprisonment for terms up to three months, arrest, fines, and confiscation of certain articles.
The Imperial Chancellor reserves the right to alter or suspend Regulations issued by the Governor.
The publication of these Regulations will be made in accordance with the last portion of $ 4 of the Law respecting Consular jurisdiction, dated the 10th July, 1879. The Regulations will come into force, unless another period is specially prescribed, simultaneously with their publication.
$ 3. In cases where, according to previous Regulations, the co-operation of some branch of the Company was necessary, the Imperial officials will take the place of that branch.
$ 4. These Regulations take effect from this day, Berlin, April 1, 1899.
PRINCE HOHENLOHE, Imperial Chancellor.
NOTICE issued from the British Foreign Office, warning British
Subjects against Iraling with the Enemy.--London, Decem-
Foreign Office, December 22, 1899. INFORMATION which has come to the knowledge of the Secretary of State for Foreign Affairs, shows that it is not generally known that trading with the eneiny is unlawful.
British subjects may not in any way aid, abet, or assist the South African Republic or the Orange Free State in the prosecution of hostilities, nor carry on any trade with, nor supply any goods, wares, or merchandize to either of those Republics, or to any person resident therein, nor supply any goods, wares, or merchandize to any person for transmission to either Republic, or to any person resident there, nor carry any goods, wares, or merchandize destined for either of the Republics, or for any person resident therein.
The above applies to all foreigners while in British territory.
All persons, whether British subjects or foreigners, who, in contravention of the law, commit any of the aforesaid acts will be liable to such penalty as the law provides.
TREATY between the United States and Peru, for the Extradi
tion of Criminals.-Signed at Lima, November 28, 1899. .
[Ratifications exchanged at Lima, January 23, 1901.]
The United States of America and the Republic of Peru, being
The President of the United States of America, Irving B. Dudley,
The President of Peru, his Excellency Dr. Manuel María Gálvez,
Who, after baving communicated to each other their respective
ART. I. The Government of the United States and the Republic of Peru 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 territories of the other: Provided, that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justifiy his apprehension and commitment for trial if the crime or offence had been there comunitted.
II. Extradition shall be granted for the following crimes and offences:
1. Murder, comprehending assassination, parricide, infanticide, and poisoning; attempt to commit murder, manslaughter, when voluntary;
2. Arson ;
3. Robbery, defined to be the act of feloniously and forcibly taking from the person of another, money or goods, by violence or putting him in fear; burglary;
4. Forgery, or the utterance of forged papers; the forgery or falsification of official Acts of Government, of public authorities, or of Courts of Justice, or the utterance of the thing forged or falsified;
5. The counterfeiting, falsifying, or altering of money, whether coin or paper, or of instruments of debt created by national, State, provincial, or municipal Governments, or of coupons thereof, or of bank-uotes, or the utterance or circulation of the same; or the counterfeiting, falsifying, or altering of seals of State;
6. Embezzlement by public officers; embezzlement by persong bired or salaried, to the detriment of their employers; larceny, provided that the value of the property or the amount of money so embezzled or stolen is not less than 200 dollars or 420 soles.
7. Fraud or breach of trust by a bailee, banker, agent, factor, trustee, or other person acting in a fiduciary capacity, or Director or member or officer of any Company, when such act is made criminal by the laws of both countries and the amount of money or the property misappropriated is not less than 200 dollars or 420 soles in value;
8. Perjury; subornation of perjury;
10. Wilful and unlawful destruction or obstruction of railroads wbich endangers human life;
11. Crimes committed at sea;
on board a ship on the high seas against the authority of the master;
(c.) Wrongfully sinking or destroying a vessel at sea, or atteinpting to do 80;
(d.) Assaults on board a ship on the high seas with intent to do grievous bodily harm;
12. Crimes and offences against the laws of both countries for the suppression of slavery and slave trading.
Extradition is also to take place for participation, as accessories, accomplices, or otherwise, in any of the crimes and offences mentioned in this Treaty: Provided, however, that extradition shall not be granted for any crime or offence hereiubefore enumerated, or for participation therein, unless such crime or offence or such participation may be punished, in the United States as a felony, and in Peru by imprisonment for one year.
III. Requisitions for the surrender of fugitives from justice shall be made by the Diplomatic Agents of the Contracting Parties, or in the absence of these from the country or its seat of government, may be made by the superior Consular officers; or, in the absence of both Diplomatic or Consular Representatives from the country or its seat of government, may be made directly by the Government thus unrepresented upon the other.
If the person whose extradition is requested shall have been convicted of a crime or offence, a duly authenticated copy of the sentence of the Court in which he was convicted, or, if the fugitive is merely charged with crime, a duly authenticated copy of the warrant of arrest in the country where the crime has been committed, and of the depositions or other evidence upon which such warrant was issued, shall be produced.
The extradition of fugitives under the provisions of this Treaty shall be carried out in the United States and in Peru, respectively, in conformity with the laws regulating extradition for the time being in force in the State on which the demand for surrender is made.
IV. In cases not admitting of delay, and especially in those where there is danger of escape, each of the two Governments may, by the most expeditious means, ask and obtain arrest and provisional detention of the fugitive on condition of presenting a formal requisition, accompanied by the necessary evidence of his criminality under the stipulations of this Treaty within two months from the date of his provisional arrest or detention.
V. Neither of the Contracting Parties shall be bound to deliver up its own citizens or subjects under the stipulations of this Treaty.
VI. A fugitive criminal shall not be surrendered if the offence in [1899–1900. XCI.]