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authority, and of the latter by the minister or consul of the United States or of Belgium, respectively, shall accompany the requisition. When, however, the fugitive shall have been merely charged with crime, a duly authenticated copy of the warrant for his arrest in the country where the crime may have been committed, and of the depositions upon which such warrant may have been issued, must accompany the requisition as aforesaid.

It shall be lawful for any competent judicial authority of the United States, upon production of a certificate issued by the Secretary of State stating that a request has been made by the Government of Belgium for the provisional arrest of a person convicted or accused of the commission therein of a crime or offence extraditable under the provisions of this convention, and upon complaint duly made that such crime or offence has been so committed, to issue his warrant for the apprehension of such person. But if the demand for surrender, with the formal proofs herein before mentioned, be not made as aforesaid by the diplomatic agent of the demanding government, or, in his absence, by the competent consular officer, within forty days from the date of the commitment of the fugitive, the prisoner shall be discharged from custody.

And the Government of Belgium will, upon request of the Government of the United States, transmitted through the diplomatic agent of the United States, or, in his absence, through the competent consular officer, secure in conformity with law the provisional arrest of persons convicted or accused of the commission therein of crimes or offences extraditable under this convention. But if the demand for surrender, with the formal proofs hereinbefore mentioned, be not made as aforesaid by the diplomatic agent of the demanding government, or, in his absence, by the competent consular officer, within forty days from the date of the commitment of the fugitive, the prisoner shall be discharged from custody.

ARTICLE VIII.

The expenses of the arrest, detention, examination and delivery of fugitives under this convention 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 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 officials as receive only fees shall not exceed the fees to which such officials are entitled under the laws of the country for services rendered in ordinary criminal proceedings.

ARTICLE IX.

Extraditions shall not be granted, in pursuance of the provisions of this convention, 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 X.

All articles found in the possession of the accused party and obtained through the commission of the act with which he is charged, or that may be used as evidence of the crime for which his extradition is demanded, shall be seized if the competent authority shall so order, and shall be surrendered with his person.

The rights of third parties to the articles so found shall nevertheless be respected.

ARTICLE XI.

The present convention shall take effect thirty days after the exchange of ratifications.

After it shall have taken effect, the convention of June 13, 1882, shall cease to be in force and shall be superseded by the present convention which shall continue to have binding force for six months after a desire for its termination shall have been expressed in due form by one of the two governments to the other.

It shall be ratified and its ratification shall be exchanged at Washington as soon as possible.

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

Done, in duplicate, at the City of Washington this 26 day of October 1901.

DECLARATION

JOHN HAY [SEAL.]
WAUTERS. [SEAL.

The Senate of the United States, by its resolution of January 30, 1902, having given its advice and consent to the ratification of the extradition treaty between the United States and Belgium, signed at Washington on October 26, 1901, with the following amendment:

In Article II insert after the word "committed" the following: "and the amount of money or the value of the property embezzled is not less than two hundred dollars or one thousand francs," and the said amendment being acceptable to the Government of Belgium, the undersigned Plenipotentiaries before proceeding with the exchange of ratifications of the said treaty, and being duly authorized, have agreed to the following:

Extradition may not be granted for the offenses enumerated in paragraph 10, Article II, of the said treaty unless "the amount of money or the value of the property embezzled is not less than two hundred dollars or one thousand francs."

The present declaration shall have the same force and duration as the Extradition Treaty of which it forms an integral part.

Done in duplicate at Washington, the sixth day of June, 1902.

JOHN HAY

Secretary of State of the United States of America.

BOLIVIA.
1858.

TREATY OF PEACE, FRIENDSHIP, COMMERCE, AND NAVIGATION.

Concluded May 13, 1858; ratification advised with amendments by the Senate June 26, 1860; amendments proposed by Constituent Assembly of Bolivia consented to by the Senate and time for exchange of ratifications extended February 3, 1862; ratified by the President February 17, 1862; ratifications exchanged November 9, 1862; proclaimed January 8, 1863. (Treaties and Conventions, 1889, p. 90.)

I. Mutual amity.

ARTICLES.

II. Most favored nation clause. III. Freedom of trade; coasting trade; travel.

IV. Tonnage charges.

V. Nationality of Bolivian ships.
VI. Import and export duties.
VII. Liberty to trade.

VIII. Steam vessels in Bolivia.
IX. Asylum of ports, etc.
X. Assistance to shipwrecks.
XI. Captures by pirates.
XII. Property of decedents.
XIII. Protection to citizens.
XIV. Religious freedom.

XV. Freedom of navigation.

XVI. Neutral rights; free ships, free goods.

XVII. Contraband of war.

XVIII. Commerce permitted in case of

war.

XIX. Delivery of contraband articles.
XX. Blockade.

XXI. Visitation and search.
XXII. Proof of nationality in case of

war.

XXIII. Vessels under convoy.
XXIV. Adjudication of prizes.

XXV. Letters of marque forbidden.
XXVI. Navigation of the Amazon and
La Plata.

XXVII. Tributaries of the Amazon and
La Plata.

XXVIII. Rights of citizens in case of

war.

XXIX. Confiscation forbidden.

XXX. Privileges to diplomatic and consular officers.

XXXI. Consular officers authorized
XXXII. Exequaturs.

XXXIII. Consular exemptions.
XXXIV. Deserters from ships.

XXXV. Agreement for consular con

vention. XXXVI. Duration; effect, etc., of treaty; ratification.

The United States of America and the Republic of Bolivia, desiring to make lasting and firm the friendship and good understanding which happily prevail between both nations, have resolved to fix, in a manner clear, distinct, and positive, the rules which shall, in future, be religiously observed between the one and the other, by means of a treaty of friendship, commerce, and navigation. For this most desirable object, the President of the United States of America has conferred full powers on John W. Dana, a citizen of the said States, and their Minister Resident to the said Republic, and the President of the Republic of Bolivia on the citizen Lucas Mendosa de la Tapia, Secretary of State in the Department of Exterior Relations and Public

Instruction, who, after having exchanged their said full powers, in due and proper form, have agreed to the following articles:

ARTICLE 1.

There shall be a perfect, firm, and inviolable peace and sincere friendship between the United States of America and the Republic of Bolivia, in all the extent of their possessions and territories, and between their people and citizens, respectively, without distinction of persons or places.

ARTICLE 2.

If either party shall, hereafter grant to any other nation, its citizens or subjects, any particular favor in navigation or commerce, it shall, immediately, become common to the other party, freely when freely granted to such other nation, or on yielding the same compensation, when the grant is conditional.

EXPLANATION.a

[As in said article it is stipulated that any special favor in navigation and trade granted by one of the contracting parties to any other nation, extends and is common to the other party forthwith, it is declared that, in what pertains to the navigation of rivers, this treaty shall only apply to concessions which the Government may authorize for navigating fluvial streams which do not present obstructions; that is to say, those whose navigation may be naturally plain and current without there having been need to obtain it by the employment of labor and capital; that by consequence there remains reserved the right of the Bolivian Government to grant privileges to any association or company, as well foreign as national, which should undertake the navigation of those rivers from which, in order to succeed, there are difficulties to overcome, such as the clearing out of rapids, &c., &c.]

ARTICLE 3.

The United States of America and the Republic of Bolivia mutually agree that there shall be reciprocal liberty of commerce and navigation between their respective territories and citizens. The citizens of either republic may frequent with their vessels, all the coasts, ports and places of the other, where foreign commerce is permitted, and reside in all parts of the territory of either, and occupy dwellings and warehouses; and everything belonging thereto shall be respected, and shall not be subjected to any arbitrary visits or search. The said citizens shall have full liberty to trade in all parts of the territory of either, according to the rules established by the respective regulations of commerce, in all kinds of goods, merchandise, manufactures, and produce, not prohibited to all, and to open retail stores and shops, under the same municipal and police regulations as native citizens; and they shall not in this respect be liable to any other or higher taxes or imposts than those which are or may be paid by native citizens. No examination or inspection of their books, papers, or accounts, shall be made without the legal order of a competent tribunal or judge.

The provisions of this treaty are not to be understood as applying to the navigation and coasting trade between one port and another situated in the territory of either of the contracting parties-the regulation of such navigation and trade being reserved, respectively, by the parties according to their own separate laws. Vessels of either

@Amendment by the Senate accepted by Bolivia.

country shall, however, be permitted to discharge part of their cargoes at one port, open to foreign commerce in the territories of either of the high contracting parties, paying only the custom house duties upon that portion of the cargo which may be discharged, and to proceed with the remainder of their cargo to any other port or ports of the same territory open to foreign commerce, without paying other or higher tonnage duties or port charges in such cases than would, be paid by national vessels in like circumstances; and they shall be permitted to load in like manner at different ports in the same voyage outwards.

The citizens of either country shall also have the unrestrained right to travel in any part of the possessions of the other, and shall in all cases enjoy the same security and protection as the natives of the country in which they reside, on condition of their submitting to the laws, decrees, and ordinances there prevailing. They shall not be called upon for any forced loan or occasional contribution, nor shall they be liable to any embargo, or to be detained with their vessels, cargoes, merchandise, goods, or effects, for any military expedition, or for any public purpose whatsoever, without being allowed therefor a full and sufficient indemnification, which shall in all cases be agreed upon and paid in advance.

ARTICLE 4.

All kinds of produce, manufactures, or merchandise of any foreign country which can, from time to time, be lawfully imported into the United States in their own vessels, may be also imported in vessels of the Republic of Bolivia; and no higher or other duties upon the tonnage of the vessel, and her cargo shall be levied and collected, whether the importation be made in the vessels of the one country or of the other; and in like manner, all kinds of produce, manufactures, and merchandise of any foreign country that can be, from time to time, lawfully imported into the Republic of Bolivia in its own vessels, whether in her ports upon the Pacific, or her ports upon the tributaries of the Amazon or La Plata, may be also imported in vessels of the United States; and no higher or other duties upon the tonnage of the vessel and her cargo shall be levied or collected, whether the importation be made in vessels of the one country or of the other. And they agree that what may be lawfully exported or re-exported from the one country in its own vessels, to any foreign country, may, in like manner, be exported or re-exported in the vessels of the other country; and the same bounties, duties, and drawbacks shall be allowed and collected, whether such exportation or re-exportation be made in vessels of the United States or of the Republic of Bolivia. In all these respects the vessels and their cargoes of the one country, in the ports of the other, shall, also, be on an equal footing with those of the most favored nation. It being further understood, that these principles shall apply, whether the vessels shall have cleared directly from the ports of the nation to which they appertain, or from the ports of any other nation.

ARTICLE 5.

For the better understanding of the preceding article, and taking into consideration the actual state of the commercial marine of the

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