2. Arson. 3. Robbery, defined to be the act of feloniously and forcibly taking from the person of another money goods, documents or other property 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 notes, 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 persons hired or salaried, to the detriment of their employers where in either class of cases the embezzlement exceeds the sum of two hundred dollars; larceny. 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 value of the property misappropriated is not less than $200.00 or B$ 500.00. 8 Perjury; subornation of perjury. 9 Rape, abduction; kidnapping. 10 Willful and unlawful destruction or obstruction of railroads which endangers human life. 11 Crimes committed at sea: (a) Piracy, by statute or by the law of nations. (b) Revolt, or conspiracy to revolt, by two or more persons on board a ship on the high seas against the authority of the master. (c) Wrongfully sinking or destroying a vessel at sea, or attempting to do so. (d) Assaults on board a ship on the high seas with intent to do grievous bodily harm. 12. Crimes and offenses against the laws of both countries for the suppression of slavery and slave trading. Extradition is also to take place for participation in any of the crimes and offenses mentioned in this Treaty, provided such participation may be punished, in the United States as a felony, and in Bolivia by imprisonment at hard labor. ARTICLE 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. If the person whose extradition is requested shall have been convicted of a crime or offense, 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 Bolivia, 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. ARTICLE IV. Where the arrest and detention of fugitive are desired on telegraphic or other information in advance of the presentation of formal proofs, the proper course in the United States shall be to apply to a judge or other magistrate authorized to issue warrants of arrest in extradition cases and present a complaint on oath, as provided by the statutes of the United States. When, under the provisions of this article, the arrest and detention of a fugitive are desired in the Republic of Bolivia, the proper course shall be to apply to the Foreign Office which will immediately cause the necessary steps to be taken in order to secure the provisional arrest or detention of the fugitive. The provisional detention of a fugitive shall cease and the prisoner be released if a formal requisition for his surrender, accompanied by the necessary evidence of his criminality, has not been produced under the stipulations of this Treaty, within two months from the date of his provisional arrest or detention. ARTICLE V. Neither of the contracting parties shall be bound to deliver up its own citizens or subjects under the stipulations of this Treaty. ARTICLE VI. A fugitive criminal shall not be surrendered if the offense in respect of which his surrender is demanded be of a political character, or if he proves that the requisition for his surrender has, in fact, been made with a view to try or punish him for an offense of a political character. No person surrendered by either of the high contracting parties to the other shall be triable or tried, or be punished, for any political crime or offense, or for any act connected therewith, committed previously to his extradition. If any question shall arise as to whether a case comes within the provisions of this article, the decision of the authorities of the government on which the demand for surrender is made, or which may have granted the extradition, shall be final. ARTICLE VII. Extradition shall not be granted, in pursuance of the provisions of this Treaty, 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 VIII. No person surrendered by either of the high contracting parties to the other shall, without his consent, freely granted and publicly declared by him, be triable or tried or be punished for any crime or offense committed prior to his extradition, other than that for which he was delivered up, until he shall have had an opportunity of returning to the country from which he was surrendered. ARTICLE IX. All articles seized, which are in the possession of the person to be surrendered at the time of his apprehension, whether being the proceeds of the crime or offense charged, or being material as evidence in making proof of the crime or offense, shall, so far as practicable and in conformity with the laws of the respective countries, be given up when the extradition takes place. Nevertheless, the rights of third parties with regard to such articles shall be duly respected. ARTICLE X. If the individual claimed by one of the high contracting parties, in pursuance of the present Treaty, shall also be claimed by one or several other powers on account of crimes or offenses committed within their respective jurisdictions, his extradition shall be granted to the state whose demand is first received: Provided, That the Government from which extradition is sought is not bound by treaty to give preference otherwise. ARTICLE XI. The expenses incurred in the arrest, detention, examination, and the 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 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 as receive only fees or perquisites shall not exceed their customary fees for the acts or serv ices 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. ARTICLE XII. The present treaty shall take effect on the thirtieth day after the date of the exchange of ratifications, and shall not operate retroactively. The ratifications of the present Treaty shall be exchanged at La Paz as soon as possible, and it shall remain in force for a period of six months after either of the contracting governments shall have given notice of a purpose to terminate it. In witness whereof, the respective Plenipotentiaries have signed the above articles, both in the English and the Spanish languages, and have here unto affixed their seals. Done in duplicate at the city of La Paz, Bolivia, this twenty first day of April of one thousand nine hundred. GEORGE H. BRIDGMAN BOLIVIA AND PERU. (SEE PERU-BOLIVIA, PAGE 634.) [SEAL. [SEAL.] BORNEO. CONVENTION OF AMITY, COMMERCE, AND NAVIGATION. Concluded June 23, 1850; ratification advised and time for exchange of ratifications extended by the Senate June 23, 1852; ratified by the President January 31, 1853; ratifications exchanged July 11, 1853; proclaimed July 12, 1854. (Treaties and Conventions, 1889, p. 102.) His Highness Omar Ali Saifeddin ebn Marhoum Sultan Mahomed Jamalel Alam and Pañgiran Anak Mumin to whom belong the Government of the Country of Bruni and all its provinces and dependencies, for themselves and their descendants on the one part, and the United States of America, on the other, have agreed to cement the friendship which has long and happily existed between them, by a Convention containing the following Articles. ARTICLE 1 Peace, friendship, and good understanding shall from henceforward and forever subsist between the United States of America and His Highness Omar Ali Saifeddin, Sultan of Borneo and their respective successors and Citizens and Subjects. ARTICLE 2 The Citizens of the United States of America shall have full liberty to enter into, reside in, trade with, and pass with their merchandise through all parts of the dominions of His Highness the Sultan of Borneo, and they shall enjoy therein all the privileges and advantages with respect to commerce, or otherwise, which are now or which may hereafter be granted to the Citizens or Subjects of the most favored nation: and the subjects of His Highness the Sultan of Borneo, shall in like manner be at liberty to enter into, reside in, trade with, and pass through with their merchandise through all parts of the United States of America, as freely as the citizens and subjects of the most favored nation: and they shall enjoy in the United States of America. all the privileges and advantages with respect to commerce, or otherwise, which are now or which may hereafter be granted therein to the Citizens or Subjects of the most favored nation. ARTICLE 3 Citizens of the United States shall be permitted to purchase rent or occupy, or in any other legal way to acquire all kinds of property within the Dominions of His Highness the Sultan of Borneo: and His Highness engages that such citizens of the United States of America shall, as far as lies in his power, within his dominions enjoy full and complete protection and security for themselves and for any property which they may so acquire in future, or which they may have acquired already before the date of the present convention ARTICLE 4 No Article whatever shall be prohibited from being imported into or exported from the territories of His Highness the Sultan of Borneo; but the trade between the United States of America and the dominions of His Highness the Sultan of Borneo, shall be perfectly free and shall be subject only to the custom duties which may hereafter be in force in regard to such trade ARTICLE 5 No duty exceeding one dollar per registered ton shall be levied on American vessels entering the ports of His Highness the Sultan of Borneo and this fixed duty of one dollar per ton to be levied on all American vessels shall be in lieu of all other charges or duties whatsoever. His Highness moreover engages that American trade and American goods shall be exempt from any internal duties and also from any injurious regulations which may hereafter, from whatever causes, be adopted in the dominions of the Sultan of Borneo ARTICLE 6 His Highness the Sultan of Borneo agrees that no duty whatever shall be levied on the exportation from His Highness dominions of any article, the growth, produce, or manufacture of those dominions. ARTICLE 7 His Highness the Sultan of Borneo engages to permit the Ships of War of the United States of America freely to enter the Ports, rivers and creeks, situate within his dominions and to allow such ships to provide themselves at a fair and moderate price, with such supplies, stores and provisions as they may from time to time stand in need of. ARTICLE 8 If any vessel under the American flag should be wrecked on the coast of the dominions of His Highness the Sultan of Borneo, His Highness engages to give all the assistance in his power to recover for, and to deliver over to, the owners thereof, all the property that can be saved from such vessels. His Highness further engages to extend to the officers and crew and to all other persons on board of such wrecked vessels, full protection both as to their persons and as to their property |