GUATEMALA. 1849. TREATY OF PEACE, FRIENDSHIP, COMMERCE, AND NAVIGATION. Concluded March 3, 1849; ratification advised by the Senate September 24, 1850; time for exchange of ratifications extended by the Senate September 27, 1850, and again June 7, 1852; ratified by the President November 14, 1850; ratifications exchanged May 13, 1852; proclaimed July 28, 1852. (Treaties and Conventions, 1889, p. 508.) This treaty of thirty-three articles was terminated by notice November 4, 1874. 1901. TRADE-MARK CONVENTION. Concluded April 15, 1901; ratification advised by Senate January 27, 1902; ratified by President February 1, 1902; ratifications exchanged April 3, 1902; proclaimed April 11, 1902. (U. S. Stats., vol. 32, p. 1866.) I. Reciprocal rights. II. Formalities. ARTICLES. III. Duration. With a view to secure for the manufacturers of the United States of América, and those in the Republic of Guatemala, the reciprocal protection of their Trade-Marks and Trade-Labels, the Undersigned, duly authorized to that effect, have agreed on the following dispositions: ARTICLE I. The citizens of each of the High Contracting Parties shall in the Dominions and Possessions of the other have the same rights as belong to native citizens, in everything relating to Trade-Marks and TradeLabels of every kind. Provided, always, that in the United States the citizens of Guatemala, and in Guatemala, the citizens of the United States of América, cannot enjoy these rights to a greater extent or for a longer period of time than in their native country. ARTICLE II. Any person in either country desiring protection of his Trade-Mark in the Dominions of the other must fulfil the formalities required by the law of the latter; but no person, being a citizen of one of the contracting States, shall be entitled to claim protection in the other by virtue of the provisions of this convention, unless he shall have first secured protection in his own country in accordance with the laws thereof. ARTICLE III. This arrangement shall go into effect immediately on or after the exchange of the ratifications and shall be in force until a year after it has been recalled by one or the other of the two High Parties. ARTICLE IV. The present convention shall be ratified by the President of the United States by and with the consent of the Senate thereof and by the President of the Republic of Guatemala, and the ratifications shall be exchanged at Guatemala as soon as may be within twelve months from the date hereof. In witness whereof the Undersigned have signed the present convention and have affixed thereto the seal of their arms, in Guatemala the fifteenth day of April of one thousand nine hundred and one. W. GODFREY HUNTER [SEAL.] JUAN BARRIOS M. [SEAL.] 1901. CONVENTION RELATING TO TENURE AND DISPOSITION OF REAL AND PERSONAL PROPERTY. Concluded August 27, 1901; ratification advised by Senate January 30, 1902; ratified by President February 6, 1902; ratifications exchanged September 16, 1902; proclaimed September 18, 1902. (U. S. Stats., vol. 32, p. 1944.) I. Disposition of real property. II. Disposition of personal property. III. Notice of decease of citizens, etc. ARTICLES. IV. Duration. V. Ratification. The United States of América and the Republic of Guatemala, desiring to improve the condition of the citizens of each of the respective countries in relation to the tenure and disposition of real and personal property situated or being within the territories of the other, as well as to authorize the representation of deceased persons by the Consuls of their respective nations in the settlement of estates, have resolved to conclude a convention for those purposes and have named as their Plenipotentiaries: The President of the United States of America the Honorable W. Godfrey Hunter, Envoy Extraordinary and Minister Plenipotentiary of the United States of America in Guatemala; and The President of Guatemala the Licentiate Juan Barrios M., Secretary of State in the Department of Foreign Affairs, Who having exchanged their said full powers, found in due and proper form have agreed to and signed the following articles: ARTICLE I. Where on the death of any person holding real property (or property not personal), within the territories of one of the Contracting Parties, such real property would, by the laws of the land, pass to a citizen of the other, were he not disqualified by the laws of the country where such real property is situated, such citizen shall be allowed a term of three years, in which to sell the same, this term to be reasonably prolonged if circumstances render it necessary, and to withdraw the proceeds thereof, without restraint or interference, and exempt from any succession probate or administrative duties or charges other than those which may be imposed in like cases upon the citizens of the country from which such proceeds may be drawn. ARTICLE II. The citizens of each of the Contracting Parties shall have full power to dispose of their personal property within the territories of the other, by testament, donation, or otherwise; and their heirs, legatees, and donees, being citizens of the other Contracting Party, whether resident or non-resident, shall succeed to their said personal property, and may take possession thereof either by themselves or by others acting for them, and dispose of the same at their pleasure, paying such duties only as the citizens of the country where the property lies shall be liable to pay in like cases. ARTICLE III. In case of the death of any citizen of the United States of America in Guatemala, or of any citizen of Guatemala in the United States, without having in the country of his decease any known heirs or testamentary executors by him appointed, the competent local authorities shall at once inform the nearest consular officer of the Nation to which the deceased person belonged of the circumstance in order that the necessary information may be immediately forwarded to persons interested. The said consular officer shall have the right to appear personally or by delegate in all proceedings on behalf of the absent heirs or creditors, until they are otherwise represented. ARTICLE IV. The present Convention shall come into effect ten days after the day upon which the ratifications are exchanged, and shall remain in force for ten years after such exchange. In case neither of the Contracting Parties shall have given notice to the other, twelve months before the expiration of the said period of ten years, of the intention to terminate the present Convention, it shall remain in force until the expiration of one year from the day on which either of the High Contracting Parties shall have given such notice. ARTICLE V. The present convention shall be duly ratified by the President of the United States, by and with the approval of the Senate thereof, and by the President of Guatemala, by and with the approval of the National Legislative Assembly thereof, and the ratifications shall be exchanged in Washington or in Guatemala. In faith whereof, we, the respective Plenipotentiaries, have signed this Treaty and have hereunto affixed our seals. Done in duplicate at Guatemala, this twenty-seventh day of August, one thousand nine hundred and one. 1903. EXTRADITION TREATY. Concluded February 27, 1903; ratification advised by Senate March 11, 1903; ratified by President July 8, 1903; ratifications exchanged July 16, 1903; proclaimed July 17, 1903. (U. Š. Stats, vol. 33.) I. Delivery of accused. V. Nondelivery of citizens. ARTICLES. VII. Persons claimed by other countries. VIII. Limitations. IX. Provisional arrest. X. Procedure. XI. Expenses. XII. Property in possession of accused. XIII. Crimes by citizens of one against other contracting power. XIV. Duration; ratification. The United States of America and the Republic of Guatemala, being desirous to confirm their friendly relations and to promote the cause of justice, have resolved to conclude a treaty for the extradition of fugitives from justice between the United States of America and the Republic of Guatemala, and have appointed for that purpose the following Plenipotentiaries: The President of the United States of America, John Hay, Secretary of State of the United States, and The President of Guatemala, Señor Don Antonio Lazo Arriaga, Envoy Extraordinary and Minister Plenipotentiary of Guatemala to the United States: WHO, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following articles: ARTICLE I. The Government of the United States and the Government of Guatemala mutually agree to deliver up persons who, having been charged, as principals or accessories, with or convicted of any of the crimes and offenses specified in the following article committed within the jurisdiction of one of the contracting parties, shall seek an asylum or be found within the territories of the other: Provided, that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or persons so charged shall be found, would justify his or her apprehension and commitment for trial if the crime had been there committed. ARTICLE II. Persons shall be delivered up, according to the provisions of this convention, who shall have been charged with, or convicted of, any of the following crimes or offences: 1. Murder, comprehending the crimes known as parricide, assassination, poisoning, and infanticide; assault with intent to commit murder; manslaughter, when voluntary. 2. Mayhem and any other wilful mutilation causing disability or death. 3. The malicious and unlawful destruction or attempted destruction of railways, trains, bridges, vehicles, vessels, and other means of travel, or of public edifices and private dwellings, when the act committed shall endanger human life. 4. Rape. 5. Bigamy. 6. Arson. 7. Crimes committed at sea: (a) Piracy, by statute or by the law of nations. (b) Wrongfully sinking or destroying a vessel at sea, or attempting to do so. (c) Revolt, or conspirarcy to revolt, by two or more persons on board a ship on the high seas against the authority of the master. (d) Assaults on board a ship on the high seas with intent to do grievous bodily harm. 8. Burglary, defined to be the act of breaking and entering into the house of another in the nighttime, with intent to commit a felony therein. 9. The act of breaking into and entering public offices, or the offices of banks, banking houses, savings banks, trust companies, or insurance companies, with intent to commit theft therein, and also the thefts resulting from such acts. 10. Robbery, defined to be the felonious and forcible taking from the person of another of goods or money, by violence or by putting the person in fear. 11. Forgery, or the utterance of forged papers. 12. The forgery, or falsification of the official acts of the Government or public authority, including courts of justice, or the utterance or fraudulent use of any of the same. 13. The fabrication of counterfeit money, whether coin or paper, counterfeit titles or coupons of public debt, bank notes, or other instruments of public credit; of counterfeit seals, stamps, dies, and marks of State or public administration, and the utterance, circulation, or fraudulent use of any of the above mentioned objects. 14. The introduction of instruments for the fabrication of counterfeit coin or bank notes or other paper current as money. 15. Embezzlement or criminal malversation of public funds committed within the jurisdiction of either party by public officers or depositaries, where the amount of money embezzled is not less than two hundred dollars. 16. Embezzlement of funds of a bank of deposit or savings bank, or trust company chartered under Federal or State laws, where the amount of money embezzled is not less than two hundred dollars. 17. Embezzlement by any person or persons hired or salaried to the detriment of their employers, when the crime is subject to punishment by the laws of the place where it was committed, and where the amount of money or the value of the property embezzled is not less than two hundred dollars. 18. Kidnapping of minors or adults, defined to be the abduction or detention of a person or persons in order to exact money from them or their families, or for any unlawful end. 19. Obtaining by threats of injury, or by false devices, money, valuables or other personal property, and the receiving of the same |