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4. Forgery, or the utterance of forged papers; the forgery 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, or falsifying 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 these; the counterfeiting, falsifying or altering of seals of State.

6. Embezzlement of public moneys, committed within the jurisdiction of either of the high contracting parties by public functionaries or depositaries; embezzlement committed by one or more persons, hired or salaried, to the detriment of their employers or principals; where in either class of cases the embezzlement exceeds the sum of two hundred dollars.

7. Fraud, or breach of trust, committed by a bailee, banker, agent, factor, trustee, director, member or public officer of any company, when such act is punishable by the laws of both contracting parties, and the amount of money or the value of the property misappropriated is not less than two hundred dollars.

8. Perjury, or subornation of perjury.

9. Rape, abduction, kidnapping and child-stealing.

10. Any act, committed with criminal intent, the object of which is to endanger the safety of any person travelling or being upon a rail

way.

11. Crimes and offenses committed at sea:

(a) Piracy 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 authorities of the ship.

(e) Wrongfully sinking or destroying a ship at sea, or attempting to do so.

(d) Assaults on board a ship at sea with intent to do serious bodily harm.

12. Trading in slaves when the offense is declared criminal by the laws of both countries.

In all cases the extradition of agents, participants or cooperators in any of the crimes or offenses enumerated herein, or attempts thereof, will be granted when the punishment fixed for the crime or offense is greater than one year's imprisonment.

ARTICLE 3.

In no case shall the nationality of the person accused be an impediment to his extradition, under the conditions stipulated by the present treaty, but neither Government shall be bound to deliver its own citizens for extradition under this Convention; but either shall have the power to deliver them up, if, in its discretion, it be deemed proper to do so.

ARTICLE 4.

The requisition for extradition shall be made through the diplomatic agents of the high contracting parties or, in case of their defect, by the superior consular officers thereof, accompanied by a legalized copy of the sentence of the judge, or of the warrant of arrest; issued in the country where the crime or offense may have been committed, as also

the depositions or other testimony by virtue of which the warrant of arrest was issued.

Besides the sentence of the judge, or the warrant of arrest, it will be necessary in the formal request for extradition, to accompany it with such evidence as may be necessary to establish the identity of the person demanded, together with a duly certified copy of the law applicable to the act charged, as shown by statute or judicial decision.

For the purpose of extradition the two high contracting parties will proceed, in accordance with this treaty, in conformity with the laws regulating judicial proceedings at the time being in force in the country to which the demand for extradition shall be directed.

ARTICLE 5.

In urgent cases the two high contracting parties may request, by mail or telegraph, the provisional arrest of the person accused and the retention of the objects relating to the crime or offense, in each case setting forth the existence of a sentence, or warrant of arrest, and clearly stating the nature of the crime or offense charged.

Such provisional detention will cease and the person held will be placed at liberty if the formalities for his extradition, in the required form set out in the preceding article, are not presented within two months, counting from the day of arrest.

ARTICLE 6.

Extradition will not be granted for a crime or offense of a political character nor for those connected therewith.

No person delivered up in virtue of this treaty can be tried, or punished, for a political crime or offense, nor for an act having connection therewith, committed before the extradition or surrender of such person.

In cases of doubt with relation to the present article, the decision of the judicial authorities of the country to which the demand for extradition is directed will be final.

ARTICLE 7.

Extradition will not be granted when the crime or offense charged, or for which the fugitive has been condemned, is found unpunishable, by reason of statutory limitation, in accordance with the laws of the country of asylum.

ARTICLE 8.

In no case can the person surrendered be held or tried in the country to which he has been surrendered for any crime other than that for which extradition was granted until he has returned, or had an opportunity to return, to the surrendering State.

This stipulation will not apply to crimes or offenses committed after extradition has taken place.

ARTICLE 9.

All articles at the time of apprehension in the possession of the person demanded, 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 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 10.

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 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 11.

All expenses connected with the extradition of a fugitive, excepting the compensation of public officers who receive a fixed salary, will be borne by the State asking such extradition.

ARTICLE 12.

The present treaty shall take effect on the thirtieth day after the date of the exchange of the ratifications.

The ratifications of the present treaty shall be exchanged at Buenos Aires as soon as possible, and it shall remain in force for a period of six months after the date on which either of the contracting governments shall give notice to the other of a purpose to terminate it.

In witness whereof the respective Plenipotentiaries have signed this Treaty and affixed thereto their seals.

Done in duplicate, at the city of Buenos Aires, this twenty sixth day of September eighteen hundred and ninety six.

WILLIAM I. BUCHANAN [SEAL.
AMANCIO ALCORTA [SEAL.]

AUSTRIA-HUNGARY.

1829.

TREATY OF COMMERCE AND NAVIGATION.

Concluded August 27, 1829; ratification advised by the Senate Febru ary 10, 1830; ratified by the President February 11, 1830; ratifications erchanged February 10, 1831; proclaimed February 10, 1831. (Treaties and Conventions, 1889, p. 23.)

ARTICLES.

I. Liberty of commerce and navigation.

II. Shipping charges to be equal. III. No discrimination in import duties.

IV. Application of two preceding articles.

V. Most favored nation treatment of products.

VI. Reciprocal right of vessels to export.

VII. Coastwise trade.

VIII. No discriminations against vessels.

IX. Most favored nation favors.

X. Consular officers authorized. XI. Property of deceased persons. XII. Duration.

XIII. Ratification.

(The period for the exchange of ratifications was extended, with the advice and consent of the Senate, by resolution of February 3, 1831, and the consent of the Emperor of Austria, expressed by his minister in the certificate of exchange of ratifications, February 10, 1831.)

The United States of America, and His Majesty the Emperor of Austria, King of Hungary and Bohemia, equally animated with the desire of maintaining the relations of good understanding which have hitherto so happily subsisted between their respective States, of extending, also, and consolidating the commercial intercourse between them, and convinced that this object cannot better be accomplished than by adopting the system of an entire freedom of navigation, and a perfect reciprocity, based upon principles of equity equally beneficial to both countries, have, in consequence, agreed to enter into negotiations for the conclusion of a Treaty of Commerce and Navigation, for which purpose the President of the United States has conferred Full Powers on Martin Van Buren, their Secretary of State; and His Majesty the Emperor of Austria has conferred like Powers on Lewis Baron de Lederer, His said Majesty's Consul for the port of New York, and the said Plenipotentiaries having exchanged their said Full Powers, found in good and due form, have concluded and signed the following articles.

ARTICLE I.

There shall be between the Territories of the High Contracting Parties a reciprocal liberty of commerce and navigation. The inhabitants of their respective States shall mutually have liberty to enter the ports places and rivers of the Territories of each Party, wherever foreign commerce is permitted. They shall be at liberty to sojourn and S. Doc. 318, 58-2-3

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reside in all parts whatsoever of said territories, in order to attend to their commercial affairs; and they shall enjoy, to that effect, the same security, protection and privileges as natives of the country wherein they reside, on condition of their submitting to the laws and ordinances there prevailing.

ARTICLE II.

Austrian vessels arriving, either laden or in ballast, in the ports of the United States of America; and, reciprocally, vessels of the United States arriving, either laden, or in ballast, in the ports of the dominions of Austria, shall be treated on their entrance, during their stay and at their departure, upon the same footing as national vessels coming from the same place, with respect to the duties of tonnage, light-houses, pilotage and port-charges, as well as to the fees and perquisites of public officers, and all other duties or charges of whatever kind or denomination, levied in the name, or to the profit of the Government, the local Authorities, or of any private establishment whatsoever.

ARTICLE III.

All kind of merchandise and articles of commerce, either the produce of the soil or the industry of the United States of America, or of any other country, which may be lawfully imported into the ports of the dominions of Austria, in Austrian vessels, may also be so imported in vessels of the United States of America, without paying other or higher duties or charges, of whatever kind or denomination, levied in the name or to the profit of the Government, the local Authorities, or of any private establishments whatsoever, than if the same merchandise or produce had been imported in Austrian vessels. And, reciprocally, all kind of merchandise and articles of commerce, either the produce of the soil or of the industry of the dominions of Austria, or of any other country, which may be lawfully imported into the ports of the United States, in vessels of the said States, may also be so imported in Austrian vessels, without paying other or higher duties or charges, of whatever kind or denomination levied in the name, or to the profit of the Government, the local Authorities, or of any private establishments whatsoever, than if the same merchandise or produce had been imported in vessels of the United States of America.

ARTICLE IV.

To prevent the possibility of any misunderstanding, it is hereby declared that the stipulations contained in the two preceding articles, are, to their full extent, applicable to Austrian vessels and their cargoes, arriving in the ports of the United States of America; and, reciprocally, to vessels of the said States and their cargoes arriving in the ports of the dominions of Austria, whether the said vessels clear directly from the ports of the country to which they respectively belong, or from the ports of any other foreign country.

ARTICLE V.

No higher or other duties shall be imposed on the importation into the United States, of any article the produce or manufacture of the dominions of Austria; and no higher or other duties shall be imposed

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