attestation of the official character of the judge by the proper executive authority, and of the latter by the minister or consul of the United States or of Belgium, respectively, shall accompany the requisition. When, however, the fugitive shall have been merely charged with crime, a duly authenticated copy of the warrant for his arrest in the country where the crime may have been committed, and of the depositions upon which such warrant may have been issued, must accompany the requisition as aforesaid. 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 a request has been made by the Government of Belgium for the provisional arrest of a person convicted or accused of, the commission therein of a crime or offence extraditable under the provisions of this convention, and upon complaint duly made that such crime or offence has been so committed, to issue his warrant for the apprehension of such person. But if the demand for surrender, with the formal proofs hereinbefore 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 Government of Belgium 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 in conformity with law the provisional arrest of persons convicted or accused of the commission therein of crimes or offences extraditable under this convention. But if the demand for surrender, with the formal proofs hereinbefore 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. ARTICLE VIII. The expenses of the arrest, detention, examination and delivery of fugitives under this convention shall be borne by the State in whose name the extradition is sought; Provided, that the demanding government shall not be compelled to bear any expense for the services of such officers of the government from which extradition is sought as receive a fixed salary; and provided that the charge for the services of such public officials as receive only fees shall not exceed the fees to which such officials are entitled under the laws of the country for services rendered in ordinary criminal proceedings. ARTICLE IX. Extraditions shall not be granted, in pursuance of the provisions of this convention, if legal proceedings or the enforcement of the penalty for the act committed by the person claimed has become barred by limitation, according to the laws of the country to which the requisition is addressed. ARTICLE X. All articles found in the possession of the accused party and obtained through the commission of the act with which he is charged, or that may be used as evidence of the crime for which his extradition is demanded, shall be seized if the competent authority shall so order, and shall be surrendered with his person. The rights of third parties to the articles so found shall nevertheless be respected. ARTICLE XI. The present convention shall take effect thirty days after the exchange of ratifications. After it shall have taken effect, the convention of June 13, 1882, shall cease to be in force and shall be superseded by the present convention which shall continue to have binding force for six months after a desire for its termination shall have been expressed in due form by one of the two governments to the other. It shall be ratified and its ratification shall be exchanged at Washington as soon as possible. In witness whereof, the respective plenipotentiaries have signed the above articles both in the English and French languages, and they have hereunto affixed their seals. Done, in duplicate, at the City of Washington this 26 day of October 1901. The Senate of the United States, by its resolution of January 30, 1902, having given its advice and consent to the ratification of the extradition treaty between the United States and Belgium, signed at Washington on October 26, 1901, with the following amendment: In Article II insert after the word "committed" the following: "and the amount of money or the value of the property embezzled is not less than two hundred dollars or one thousand francs," and the said amendment being acceptable to the Government of Belgium, the undersigned Plenipotentiaries before proceeding with the exchange of ratifications of the said treaty, and being duly authorized, have agreed to the following: Extradition may not be granted for the offenses enumerated in paragraph 10, Article II, of the said treaty unless "the amount of money or the value of the property embezzled is not less than two hundred dollars or one thousand francs." The present declaration shall have the same force and duration as the Extradition Treaty of which it forms an integral part. Done in duplicate at Washington, the sixth day of June, 1902. JOHN HAY Secretary of State of the United States of America. 1905. PROTECTION OF TRADE-MARKS IN CHINA. Agreement effected by exchange of notes November 27, 1905. NOVEMBER 27, 1905. MR. CHARGÉ D'AFFAIRES AND DEAR COLLEAGUE: The Government of the United States being desirous of reaching an understanding with the Government of Belgium for the reciprocal protection against infringement in China by citizens of our respective nations of trade marks duly registered in the United States and Belgium, I am authorized by the Secretary of State of the United States to inform you that effectual provision exists in American Consular Courts in China for the trial and punishment of all persons subject to the jurisdiction of the United States who may be charged with and found guilty of infringing in any way trade marks of persons subject to the jurisdiction of Belgium which have been duly registered in the United States. I beg that you will kindly inform me whether American citizens are entitled to the same legal remedies in the Consular Courts of Belgium in China as regards the protection from infringement of their trade marks duly registered in Belgium. I have the honor to be, my dear Colleague, Your obedient servant, W. W. ROCK HILL. Mr. DE PRELLE DE LA NIEPPE, etc., etc., etc. [Translation.] NOVEMBER 27, 1905. MR. MINISTER: I have had the honor of receiving Your Excellency's note of this date regarding the mutual protection of Belgian and American trade marks in China. It is stated in this communication that the Government of the United States of America has given such instructions to the American Consular Courts as are sufficient to insure the legal protection of trade marks the property of Belgian subjects which have been duly registered in the United States. While acknowledging to Your Excellency the receipt of this communication I have the honor to inform you that the Royal Government in like manner guarantees in the Chinese Empire the protection of American trade marks duly registered in Belgium, if counterfeited by Belgian subjects. The Royal Legation and the Consulates, Vice-Consulates and Consular Agencies in China are competent to take cognizance of actions brought before them in the matter. I have informed our Consular representatives in China of the agreement arrived at between Belgium and the United States of America which is set forth by this interchange of correspondence between us. I avail myself of this occasion to present to Your Excellency the assurance of my high esteem. EDM. DE PRELLE. PEKING, January 22, 1906. MR. MINISTER AND DEAR COLLEAGUE: In connection with the notes which I had the honor to exchange with Your Excellency on November 27, 1905, looking to the reciprocal protection from infringement by our respective nationals in China of trade marks belonging to them I duly transmitted copies of the same to my Government. In reply the Secretary of State has called to my attention, as possibly misleading, the use made in my note to you of the word "punishment" by our Consular Courts in China of American citizens who may have infringed in China trade marks the property of persons under the jurisdiction of Belgium. In view of the fact that there is no statute in the United States making the infringement, counterfeiting, etc. of a trade mark a criminal offense, and that effectual provision exists by a civil action for damages by the owner of a trade mark, my Government is of the opinion that the word "punishment" should be understood to refer to a civil action only, and not to a criminal procedure, as might be inferred from the use of the word in question without the present explanation added thereto. I beg leave to call Your Excellency's attention to the above provision of our law, so that nothing in my note of November 27, last, may be construed as conflicting therewith. I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration. W. W. ROCKHILL. To His Excellency EDMOND DE PRELLE DE LA NIEPPE, etc., etc., etc. BOLIVIA. (Bolivia and Peru; also Peru-Bolivia. Page 1375.) 1858. TREATY OF PEACE, FRIENDSHIP, COMMERCE, AND NAVIGATION. Concluded May 13, 1858; ratification advised with amendments by the Senate June 26, 1860; amendments proposed by Constituent Assembly of Bolivia consented to by the Senate and time for exchange of ratifications extended February 3, 1862; ratified by the President February 17, 1862; ratifications exchanged November 9, 1862; proclaimed January 8, 1863. I. Mutual amity. ARTICLES. II. Most favored nation clause. III. Freedom of trade; coasting trade; travel. IV. Tonnage charges. V. Nationality of Bolivian ships. VIII. Steam vessels in Bolivia. XII. Property of decedents. XIV. Religious freedom. XV. Freedom of navigation. XVI. Neutral rights; free ships, free XVII. Contraband of war. war. XXI. Visitation and search. XXIII. Vessels under convoy. XXV. Letters of marque forbidden. XXVI. Navigation of the Amazon and La Plata. XXVII. Tributaries of the Amazon and La Plata. XXVIII. Rights of citizens in case of war. XXIX. Confiscation forbidden. XXX. Privileges to diplomatic and consular officers. XXXI. Consular officers authorized. XXXIII. Consular exemptions. XXXV. Agreement for consular con- XIX. Delivery of contraband articles. XXXVI. Duration; effect, etc., of The United States of America and the Republic of Bolivia, desiring to make lasting and firm the friendship and good understanding which happily prevail between both nations, have resolved to fix, in a manner clear, distinct and positive, the rules which shall in future be religiously observed between the one and the other, by means of a treaty of friendship, commerce and navigation. For this most desirable object the President of the United States of America has conferred full powers on John W. Dana, a citizen of the said States, and their Minister Resident to the said Republic; and the President of the Republic of Bolivia on the citizen Lucas Mendosa de la Tapia, Secretary of State in the Department of Exterior Relations and Public Instruction; 24449-VOL 1-10- -8 113 |