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ARTICLE XI.

All articles seized which were in the possession of the person to be surrendered at the time of his apprehension, whether being the proceeds of the crime or offence charged, or being material as evidence in making proof of the crime or offence, shall, so far as prac ticable, and if the competent authority of the State applied to orders the delivery thereof, be given up when the extradition takes place. Nevertheless, the rights of third parties with regard to the articles aforesaid shall be duly respected.

ARTICLE XII.

The expenses incurred in the arrest, detention, examination and delivery of fugitives under this treaty 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 public officers or functionaries of the Government from which extradition is sought as receive a fixed salary; And Provided, That the charge for the services of such public officers or functionaries as receive only fees or perquisites shall not exceed their customary fees for the acts or services performed by them had such acts or services been performed in ordinary criminal proceedings. under the laws of the country of which they are officers or functionaries.

ARTICLE XIII.

In the colonies and other possessions of the two High contracting Parties, the manner of proceeding may be as follows:

The requisition for the surrender of a fugitive criminal who has taken refuge in a colony or foreign possession of either Party may be made to the Governor or chief authority of such colony or possession by the chief consular officer of the other in such colony or possession; or if the fugitive has escaped from a colony or foreign possession of the Party on whose behalf the requisition is made, by the Governor or chief authority of such colony or possession.

Such requisitions may be disposed of, subject always, as nearly as may be, to the provisions of this treaty, by the respective Governors or chief authorities, who, however, shall be at liberty either to grant the surrender or refer the matter to their Government.

ARTICLE XIV.

The present treaty shall take effect on the thirtieth day after the date of the exchange of Ratifications, and shall not operate retroactively.

On the day on which it takes effect, the conventions of November 9, 1843, February 24, 1845, and February 10, 1858, shall cease to be in force except as to crimes therein enumerated and committed prior to that date.

The ratifications of this treaty shall be exchanged at Paris as soon as possible, and it shall remain in force for a period of six months after either of the two Governments shall have given notice of a purpose to terminate it.

In witness whereof, the respective Plenipotentiaries have signed the above articles both in English and the French languages and have hereunto affixed their seals.

Done in duplicate at Paris, on the 6th January 1909,

[SEAL] [SEAL]

1911.

HENRY WHITE

S. PICHON

EXCHANGE OF NOTES ESTABLISHING ARRANGEMENT BETWEEN THE UNITED STATES AND FRANCE FOR RECIPROCAL PROTECTION IN CHINA OF LITERARY AND ARTISTIC PROPERTY.

Peking December 26-27, 1911.

(Foreign Relations, 1912, p. 177.)

The French Chargé d'Affaires to the American Minister.

[Translation.]

LEGATION OF THE FRENCH REPUBLIC IN CHINA,

Peking, December 26, 1911.

MR. MINISTER: Our Governments being desirous of assuring to French and American citizens and subjects reciprocal protection in China of the rights of authors over their literary and artistic productions to the same extent that they are protected in French and American territories and possessions, I have been instructed by the Minister for Foreign Affairs of France to communicate to you the following:

1st. By virtue of the civil and criminal jurisdiction with which they are vested and which they exercise in China, the consuls and consular courts of France are competent to take cognizance of all complaints that may be laid before them relative to the violation of the rights of authorship by persons under French jurisdiction.

2d. Consequently whenever persons under American jurisdiction shall have occasion to address them in order to obtain respect from persons under French jurisdiction of their rights of authorship over their literary and artistic productions, including photographs, the complaints will henceforth be laid, in the first instance, before the consular court, and appeals will come before the appellate court at Saigon or Hanoi.

3d. The citizens of the possessions of the United States of America will enjoy in China the same treatment as the citizens of the United States of America.

4th. Unauthorized reproductions by persons under French jurisdiction, made previous to the first of January next, of literary, artistic or photographic works executed by persons under American jurisdiction, will be withdrawn from sale or circulation in China before December 31, 1912.

5th. Literary and artistic property in France is regulated by the law of March 28, 1897, which approves the convention signed at Berne on September 9, 1896, for the protection of literary and artistic productions, and also by the law of April 15, 1897, which approves the additional enactment and the declaration of May 4, 1896, modifying the convention of Berne.

I will be under great obligation to you if you will kindly take note of the present declaration and will inform me whether persons under French jurisdiction may count on the same legal protection from the consular authorities in China of the United States of America in all that concerns the ownership of literary and artistic productions.

Accept [etc.]

F. GEORGES PICOT.

The American Minister to the French Chargé d'Affaires.
AMERICAN LEGATION,
Peking, December 27, 1911.

MR. CHARGÉ D'AFFAIRES AND DEAR COLLEAGUE: I have the honor to acknowledge the receipt of your note of December 26, 1911, informing me that you have been authorized by your Government to effect with me by an exchange of notes an agreement for the reciprocal protection in China of French and American copyrights for literary and artistic productions.

I have the honor to inform you in reply that I have been authorized to state that henceforth protection will be afforded in China, in accordance with the laws of the United States and on condition of reciprocity, for the copyrights of French literary, artistic, musical or dramatic works, including photographs, duly registered in the United States, against infringement by persons under American jurisdiction. To that end the American courts in China will be competent to hear all such cases presented by citizens or subjects of France.

I have the honor further to inform you that the protection of literary and artistic property in the United States of America is provided for by the act of Congress of March 4, 1909, amending and consolidating previous acts respecting copyright (U. S. Statutes at Large, vol. 35, chapter 320); and that by a Presidential proclamation of April 9, 1910, this protection is extended to works of authors or proprietors who are citizens or subjects of France.

Accept [etc.]

W. J. CALHOUN.

1913.

AGREEMENT EXTENDING THE DURATION OF THE ARBITRATION CONVENTION OF FEBRUARY 10, 1908.

Signed at Washington February 13, 1913; ratification advised by the Senate February 19, 1913; ratified by the President February 25, 1913; ratified by France February 28, 1913; ratifications exchanged at Washington March 14, 1913; proclaimed March 15,

1913.

(Treaty Series, No. 577; 38 Statutes at Large, 1643.)

ARTICLES.

I. Extension of arbitration convention of February 10, 1908.

II. Ratification.

The Government of the United States of America and the Government of the French Republic, being desirous of extending the period

136 Statutes at Large, 2685.

of five years during which the Arbitration Convention concluded between them on February 10, 1908, is to remain in force, which. period is about to expire, have authorized the undersigned, to wit: Philander C. Knox, Secretary of State of the United States, and J. J. Jusserand, Ambassador of the French Republic to the United States, to conclude the following arrangement:

ARTICLE I.

The Convention of Arbitration of February 10, 1908,' between the Government of the United States of America and the Government of the French Republic, the duration of which by Article III thereof was fixed at a period of five years from the date of ratification, which period will terminate on February 27, 1913, is hereby extended and continued in force for a further period of five years from February 27, 1913.

ARTICLE II.

The present Agreement shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by the President of the French Republic, in accordance with the constitutional laws of France, and it shall become effective upon the date of the exchange of ratifications, which shall take place at Washington as soon as possible.

Done in duplicate, in the English and French languages, at Washington this 13th day of February, one thousand nine hundred and thirteen.

PHILANDER C. KNOX [SEAL]
JUSSERAND

[SEAL]

1914.

TREATY FOR THE ADVANCEMENT OF PEACE.

Signed at Washington September 15, 1914; ratification advised by the Senate September 25, 1914; ratified by the President January 14, 1915; ratified by France December 3, 1914; ratifications exchanged at Washington January 22, 1915; proclaimed January 23, 1915.

(Treaty Series. No. 609; 38 Statutes at Large, 1887.)

ARTICLES.

1. All disputes not settled by diplomacy or arbitration to be reported upon by commission before resort to any act of force.

2. Composition, renewal, remuneration

of commission.

3. Initiative of reference of dispute.
4. Part'es may be heard; preservation.
of rights.

5. Procedure; time and effect of report.
6. Ratification; duration.

The President of the United States of America and the President of the French Republic, desiring to strengthen the friendly relations which unite their two countries and to serve the cause of general

For text see Vol. I, p. 549.

peace, have decided to conclude a treaty for these purposes and have consequently appointed the plenipotentiaries designated hereinafter, to-wit:

The President of the United States of America, the Honorable William Jennings Bryan, Secretary of State of the United States; and

The President of the French Republic, His Excellency J. J. Jusserand, Ambassador of the French Republic to the United States; Who, after exhibiting to each other their full powers, found to be in due and proper form, have agreed upon the following articles:

ARTICLE 1.

Any disputes arising between the Government of the United States of America and the Government of the French Republic, of whatever nature they may be, shall, when ordinary diplomatic proceedings have failed and the High Contracting Parties do not have recourse to arbitration, be submitted for investigation and report to a Permanent International Commission constituted in the manner prescribed in the following article.

The High Contracting Parties agree not to resort, with respect to each other, to any act of force during the investigation to be made by the Commission and before its report is handed in.

ARTICLE 2.

The International Commission shall be composed of five members appointed as follows: Each Government shall designate two members, only one of whom shall be of its own nationality; the fifth member shall be designated by common consent and shall not belong to any of the nationalities already represented on the Commission; he shall perform the duties of President.

In case the two Governments should be unable to agree on the choice of the fifth commissioner, the other four shall be called upon to designate him, and failing an understanding between them, the provisions of article 45 of The Hague Convention of 1907 shall be applied. The Commission shall be organized within six months from the exchange of ratifications of the present convention.

The members shall be appointed for one year and their appointment may be renewed. They shall remain in office until superseded or reappointed, or until the work on which they are engaged at the time their office expires is completed.

Any vacancies which may arise (from death, resignation, or cases of physical or moral incapacity) shall be filled within the shortest possible period in the manner followed for the original appoint

.ment.

The High Contracting Parties shall, before designating the Commissioners, reach an understanding in regard to their compensation. They shall bear by halves the expenses incident to the meeting of the Commission.

ARTICLE 3.

In case a dispute should arise between the High Contracting Parties which is not settled by the ordinary methods, each Party shall have a right to ask that the investigation thereof be intrusted to the

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