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after a copy of this Order shall have been publicly exhibited in office of the Consulate at Berbera.

Foreign Office, May 12, 1900.

SALISBURY, Principal Secretary

State for Foreign Affairs.

Order made by the Secretary of State under the provisions of Article 10, and 23 of" The Somaliland Order in Council, 1899."—Lon June 26,

1900.

Judicial Districts.

1. For the purposes of the Code of Criminal Procedure "I: Bombay Civil Courts Act, 1869," and other enactments applied the Somaliland Protectorate, the Protectorate shall be divided int two districts-the Zeyla district and the Berbera district.

2. The Zeyla district shall consist of so much of the Protes torate as is under the Consular jurisdiction of Her Majesty' Consul at Zeyla. The Berbera district shall consist of the rest

the Protectorate.

Criminal Courts.

3. The Consul at Zeyla and the Vice-Consul at Berbera shall b Magistrates of the 1st class for the Zeyla and Berbera district: respectively.

4. In the Berbera district the District Officer at Bulbar shall b a Magistrate of the 2nd class, and the Deputy District Officer : Bulhar shall be a Magistrate of the 3rd class.

Civil Courts.

5. The Consul at Zeyla shall be the Judge of the District Cour for the Zeyla district.

The Vice-Consul at Rerbera shall be the Judge of the District Court for the Berbera district.

6. In the Berbera district there shall be subordinate Courts & Bulhar and Berbera. The District Officer at Bulhar and th Deputy District Officer at Berbera shall be the Judges of the sa Courts respectively.

7. The jurisdiction of the subordinate Judge at Bulbar sha extend to all original suits and proceedings wherein the subjectmatter does not exceed in amount or value 500 rupees.

8. The jurisdiction of the subordinate Judge at Berbera stall

tend to suits wherein the subject-matter does not exceed in

nount or value 50 rupees.

Foreign Office, June 26, 1900.

SALISBURY, Her Majesty's Principal Secretary

of State for Foreign Affairs.

Order of the Secretary of State with respect to Court Fees and Stamps. -London, November 20, 1900.

[See page 499.]

TREATY and Protocol between the United States and Brazil, for the Extradition of Criminals.—Signed at Rio de Janeiro, May 14, 1897, and May 28. 1898.*

[Ratifications exchanged at Rio de Janeiro, April 18, 1903.]

THE United States of America and the United States of Brazil, lesiring to strengthen their friendly relations, and to facilitate the administration of justice by the repression of crimes and offences committed in their respective territories and jurisdictions, have agreed to celebrate a Treaty of Extradition, and have nominated for that purpose the following Plenipotentiaries :

The President of the United States of America, Mr. Thomas L. Thompson, Envoy Extraordinary and Minister Plenipotentiary near the Government of the United States of Brazil; and

The President of the United States of Brazil, General Dionisio Evangelista de Castro Cerqueira, Minister of State for Foreign Relations;

Who, having made known their respective full powers, which have been found in good form, agree upon the following Articles

ART. I. The Government of the United States of America and the Government of the United States of Brazil mutually agree to deliver up the persons who, having been charged or convicted, as the authors of or accomplices in any of the crimes enumerated in the following Article, committed in the jurisdiction of one of the Contracting Parties, seeks an asylum or be found within the territories of the other: Provided, this shall only take place after such evidence of criminality as, according to the laws of the place

* Signed also in the Portuguese language.

where the person or fugitive so charged shall be found, would just his or her apprehension and commitment for trial, if the crime ha there been committed.

II. Extradition shall be granted for the following crimes an offences:

1. Voluntary homicide, when such act is punishable in t United States of America, comprehending the crimes of poisoni and infanticide; murder; manslaughter;

2. Abortion;

3. Rape and other offences against chastity committed w violence;

4. Bigamy;

5. Abduction, wilfully and wrongfully depriving any person natural liberty;

6. Kidnapping or child stealing;

7. Arson;

8. Piracy, by statute or by the law of nations when the State which the offender is found has no jurisdiction; revolt, or conspirac to revolt, by two or more persons on board a ship on the high se against the authority of the master; to wilfully and wrongfu cause shipwreck; to wrongfully and wilfully collide with a vesse to wrongfully and wilfully scuttle a vessel for the purpose sinking it; to wrongfully and wilfully destroy a vessel on the big

seas;

9. Wrongful and wilful destruction or obstruction of railros which endangers human life;

10. Counterfeiting, falsifying or altering money of any kind. of legally authorized bank-notes which circulate as money; to utte: or to give circulation to any such counterfeited, falsified or altere money; the falsification of instruments of debt created by nations. State, or Municipal Governments, or of the coupons thereof; counterfeiting, falsifying or altering seals of the Federal or State Gover: ments; to knowingly use any such instruments or papers;

11. Forgery, the utterance of forged papers; forgery or falsification of official acts of government, of public authorities. or of Courts of Justice, of public or private instruments; the use or the utterance of the thing forged or falsified;

12. Perjury, or to bear false witness; to suborn or bribe : witness;

13. Fraud committed by a depositor, banker, agent, broker, treasurer, director, member or employé of any company or corpora tion;

14. Embezzlement, consisting in the misappropriation or theft of

* See Protocol, page 1118.

ublic moneys, committed in the jurisdiction of one of the Conracting Parties, by a public officer or depositary ;

15. Embezzlement, or theft of moneys, committed by persons alaried or employed, to the detriment of those who employ them;

16. Burglary, defined to be the act of entering during the night, y breaking or climbing, the dwelling-house of another, with intent o commit a felony; robbery, defined to be the act of feloniously and forcibly taking from another money or goods of any value, ›y violence, or putting in fear, and known in the Brazilian Penal Code as roubo ;

17. Complicity in or attempts at the commission of any of the crimes specified in the preceding sections, provided that such complicity or attempt be punishable by the laws of the country from whence the extradition is demanded.

III.* Extradition shall not be granted if the offence on which the surrender is demanded be of a political character, or if the fugitive prove that there is an intention to try or punish him for a political crime; nor if the circumstances on which extradition is demanded are connected with political crimes.

The Government from which extradition is demanded will examine the circumstances, to ascertain whether the crime be of a political character, and its decision shall be definite.*

The following shall not be considered political crimes when they are unconnected with political movements, and are such as constitute murder, or wilful and illegal homicide, as provided for in section 1 of the preceding Article:

1. An attempt against the life of the President of the United States of America, or against the life of the Governor of any of the States; an attempt against the life of the President of the United States of Brazil, or against the life of the President or Governor of any of the States thereof;

2. An attempt against the life of the Vice-President of the United States of America, or against the life of the LieutenantGovernor of any of the States; an attempt against the life of the Vice-President of the United States of Brazil, or against the life of the Vice-President or Vice-Governor of any of the States thereof.

IV. The person surrendered cannot be tried nor punished in the country which has obtained the extradition, nor be surrendered to a third country, for trial or punishment therein, for any crime or offence not mentioned in this Treaty, nor for one committed previous to extradition, other than the crime or offence for which he was extradited, unless such person has been in either case at liberty to leave the country which has obtained the extradition for a month subsequent to trial therein.

See Protocol, page 1118.

Furthermore, such person shall not be tried nor punished for s offence or crime mentioned in this Treaty committed previous to the extradition, other than the offence or crime for which he was extradited, without the consent of the Government which has surrendered such person; and the said Government shall be able to demand exhibition of any of the documents mentioned in Article X of the present Treaty.

In like manner the consent of the said Government shall be solicited if the extradition of the offender is requested by a thir Government; although this shall not be necessary when the offender voluntarily requests trial or consents to punishment, or if he fails to leave the territory of the country to which he has been surrendere within the period above fixed.

V. The Contracting Parties shall in no case be obliged t surrender their own citizens in virtue of the stipulations of the present Treaty.

VI. If the person shall be in course of trial, or shall have bee convicted of an offence other than that for which the surrender is demanded, extradition shall only take place after the trial shall have been concluded and the sentence fulfilled.

VII. When the person demanded by one of the Contracting Parties is also demanded by one or more Powers on account of crimes and offences committed within their respective jurisdictions, extradition shall be conceded to the one whose request is first received unless the Government to which the request is made has before agreed by Treaty, in case of the concurrence of requests, to give preference to the country of the person's origin, to the gravity of the crime, or to the request which is of the oldest date; in whichsoever of these cases the usual rule shall be followed.

VIII. Extradition shall be refused when the action or sentence for which the offender is demanded shall have been extinguished by prescription, according to the law of the country to which the request is made, or when such person shall have been already tried and sentenced for the same crime.

IX.* All articles found in the possession of the person accused and obtained through the commission of the act with which suc person is charged, and may be used as evidence of the crime for which such person is demanded, shall be seized and surrendered with the person. Nevertheless, the rights of third persons to the articles so found shall be respected.

X. Requisitions for the surrender of fugitives from justice accused or convicted of any of the crimes or offences herein before mentioned shall be made by the Diplomatic Agent of the demanding

*See Protocol, page 1118.

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