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15. Withdrawal of children or minors from the care of a guardian.

16. Bigamy.

17. Illegal proceedings or threat of such with the object of forcing somebody to do, tolerate, or omit something.

18. Illegal deprivation of liberty.

19. Offence against the person which results in injury to body or health or considerable pain.

20. Bodily injury.

21. Manslaughter, murder.

22. Exposing persons in a helpless condition.

23. Procuring abortion or unwarrantable act at childbirth. 24. Theft.

25. Blackmail, depredation, robbery.

26. Fraud, embezzlement, or abuse of confidence.

27. Removal of goods serving in satisfaction of debt. 28. Illegally proceeding to sea with an unseaworthy ship. 29. Mutiny.

30. Receiving stolen goods and affording assistance after the perpetration of any of the crimes above specified in order to secure the advantage which the criminal had in view.

Extradition may also be requested in cases of persons who are convicted, standing accused of, or charged with, attempting, or in Norway with contributing to, and in Denmark with participating in, any of the crimes aforesaid, provided that these are punishable with as severe a penalty as before mentioned.

If the crime, which necessitates the application for extradition, has been committed outside the territory of the petitioning party, this request shall not be complied with unless the Legislature in the country to which the application is addressed in such a case permits prosecutions for the same acts when committed outside its territory.

II. Extradition may furthermore be requested in the case of individuals who are convicted, standing accused of, or charged with, a military crime, in so far as the punishable act, committed by anyone who is not subject to military penal law, would have justified an application for extradition in accordance with Article I. In this case, extradition should only be granted on the condition that the crime shall not be dealt with in the petitioning State as a military crime.

III. Neither of the High Contracting Parties shall extradite its own subjects to the other. Furthermore, each of the High Contracting Parties reserves its right to refuse extradition of foreigners who have held a permanent residence in the country concerned for the last two years.

IV. Extradition shall not be claimed for any political crime or for any ordinary crime committed in connection with a political crime, and with the intention of furthering the purposes aimed at by such.

Under political crimes are not included such crimes as involve manslaughter or offence against the person of one of the

Sovereigns in one of the States or of any person belonging to his family, in so far as the crime has not been committed in connection with another political crime.

If a question arises how far a crime shall be considered political or not, it shall be decided by the State to which the application for extradition has been made.

V. Extradition shall not be granted in the following

cases :

1. If the crime referred to has been committed on the territory of a third State and an application for extradition is made by the Government of that State.

2. If, before the receipt of the application in the State to which the application is made, sentence has already been passed or a decision to prosecute been taken in respect of the same crime on account of which extradition is claimed.

3. If the opportunity for instituting a prosecution, passing a penal sentence, or effecting punishment in cases where sentence has been passed, has lapsed by reason of time, according to the laws of the State to which the application is addressed.

VI. No person who is extradited from the one State to the other shall be liable to punishment in that State for any other punishable act committed before the extradition than that or those for which he is extradited, nor be liable to be further extradited to a third State, unless he has given his agreement thereto in an official Court or before an official authority, or, after being finally set at liberty, has not left the State in the course of a month or has returned after having left it. The State which has decided on the extradition may, however, later on agree to such a prosecution or further extradition taking place without the conditions stipulated in the foregoing clause necessarily being present, if the crime in question is one which might have warranted extradition.

VII. If the person whose extradition is claimed be convicted or under prosecution for any other punishable act than that for which the extradition is claimed, the extradition cannot take place before the prosecution is finished and the sentence has been eventually carried out.

VIII. If the extradition of a person whose surrender is claimed in virtue of the present Convention by one of the parties should likewise be claimed for the same crime by one or several other States, preference shall, as a rule, be given to that State where the crime was committed, or, if the crime has been committed in several States, to that State where the principal act was committed.

IX. If the extradition of a person whose surrender is claimed by one of the parties, in virtue of the present Convention, should be claimed by one or several other States for other crimes, the extradition shall, unless otherwise provided by special agreement with any of the States, be granted to that State from which the application for extradition or arrest with a view to extradition first emanated.

X. Application for extradition is to be made through diplomatic channels.

The application shall contain particulars as to the civil position of the individual concerned, and be accompanied by

1. A full description, if such is available.

2. If sentence has been passed, the terms of the sentence imposed, and otherwise an order for arrest or prosecution or award of imprisonment issued by a competent authority, with full particulars as to the time, place, and object of the crime— all in original or certified copies.

3. A copy of the penal provisions in force in the State making application, which are applicable to the crime.

XI. Before a formal application for extradition is made the Crown Advocate, the State Advocates, the sheriffs, and the police masters in Norway, and the provincial civil Governors ("Stiftamtmænd "), the district civil Governors ("Amtmænd "), the Director of Police in Copenhagen, the police masters, and the examining Magistrates concerned in the case in Denmark, may in matters of urgency, and especially when escape is to be feared, by direct communication with each other by post or telegraph, apply for the provisional detention of a criminal. Such an application for provisional detention shall contain particulars as to the time, place, and object of the crime, the civil position of the person in question, and, if possible, his description. The application shall furthermore contain particulars as to whether such sentence or order, as mentioned in Article X, 2nd paragraph, No. 2, is available, and a notification to the effect that a formal application for his extradition will be made later on.

If, in accordance with the foregoing provisions, provisional detention has been effected and a formal application for the extradition of the person detained has not reached the Ministry of Foreign Affairs of the State in question within six weeks from the date of detention, the person under arrest shall be immediately set at liberty.

XII. All effects seized in the possession of the person, whose extradition is claimed, at the time of his arrest and which may be thought to be either of importance as proof of the crime in question or whose surrender may be claimed by the party injured by the crime, shall be handed over to the authorities of the other State simultaneously with the person whose extradition is claimed.

If a person who lives in the country from which the extradition is effected, demands it and affords reasonable proof that he is entitled to the effects and if he is not charged with the crime in question, their surrender shall be made with the reservation that the effects after the close of the criminal proceedings shall be returned free of cost.

XIII. When it is deemed necessary in the one State, when dealing with criminal proceedings concerning a non-political crime, to examine witnesses having their residence in the other State or to institute another investigation there, a request in

writing to that effect shall be forwarded through diplomatic channels and the request shall be granted to such extent as the laws in the country where the examination of witnesses or the trial is to take place permit. It is, furthermore, the duty of the authorities in the country where the examination of witnesses or the investigation is to take place to give as far as possible due notice to the authorities in the country which has made the request of the time and place for the discharge of the business.

XIV. When it is deemed necessary or desirable in one State, when dealing with criminal proceedings concerning a non-political crime, to call a witness personally from the other State, the authorities in the State where the witness is residing shall ask him to comply with the request addressed to him. In the event of compliance, the expenses of the journey and the stay shall be refunded to the witness in accordance with the rates and regulations in force in the State in which the examination is to be held, unless the competent authority there sees fit to grant him a larger indemnification.

No witness, irrespective of his nationality, who, in consequence of a request addressed to him by the one State, appears voluntarily before any tribunal in the other State, may be prosecuted or imprisoned for previous punishable acts or sentences or in connection with an alleged complicity in the acts which form the object of the proceedings at which he is to appear as a witness.

XV. When it is deemed necessary or expedient in the one State, in the course of criminal proceedings concerning a nonpolitical crime, to call for proofs or documents which are in the custody of the authorities in the other State, such a request shall be complied with unless there be special difficulties to prevent it.

XVI. When an individual from the one State is to be extradited to a third State and in that connection is to be conveyed over the territory of a second State, the latter is not to oppose such transit, provided the individual is not a subject of that State. A request for such transit is to be made through diplomatic channels and is to be accompanied by the document mentioned in Article X, 2nd paragraph, No. 2. The same rule shall apply if a person is to be extradited from a third State to Norway or Denmark. The transit is effected under the escort of employés belonging to the State through which the person is conveyed.

XVII. Expenses entailed in respect of the measures mentioned in this Convention are to be defrayed by each State within its limits, with the exception of the expenses incurred in transit in accordance with Article XVI.

XVIII. This Convention applies not only to the relations between Norway and Denmark proper, including the Faroe Islands, but also to the relations between Norway, on the one hand, and Iceland and the Danish possessions outside Europe,

on the other hand. So far as the Danish possessions outside Europe are concerned, the notice of six weeks mentioned in Article XI is to be prolonged to three months.

XIX. The present Convention shall be ratified and shall come into force ten days after the exchange of the ratifications. It remains in force for six months after it has been denounced by either party.

In witness whereof the respective Plenipotentiaries have signed the present Convention and affixed their seals thereto. Done at Copenhagen, in duplicate, the 1st December, 1909. (L.S.) ERIK SCAVENIUS. (L.S.) F. HAGERUP.

DECLARATION between Sweden and Denmark concerning the Celebration of Marriages in certain cases before Diplomatic or Consular Officers. Signed at Copenhagen, November 27, 1909.

(Translation.)

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His Majesty the King of Sweden and His Majesty the King of Denmark have authorized the Undersigned to conclude the following agreement :

ART. I. The High Contracting Parties mutually consent to each of the Contracting Parties authorizing their diplomatic and consular representatives in the country of the other to perform the marriage ceremony in accordance with the law of the State in whose service they are, but on condition that at least one of the parties to the marriage be a subject of such State and neither of them be a subject of the State within the territory of which the marriage takes place.

The High Contracting Parties mutually agree to recognize as properly contracted a marriage celebrated in accordance with the law before a diplomatic or consular official duly authorized thereto.

II. The Contracting Parties bind themselves, in issuing the authorization mentioned in Article I, to instruct the respective officials not to join together in matrimony those who, in accordance with the law of the State to which they are accredited, are forbidden to contract matrimony on account of relationship or consanguinity from which dispensation is not obtainable.

The Contracting Parties shall communicate to each other all legislation dealing with such obstacles to matrimony.

III. This Declaration will come into force at once and shall be valid until six months after the date on which either Party has denounced it.

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