Page images
PDF
EPUB

from the country or its seat of Government, requisition may be made by superior consular officers.

It shall be competent for such diplomatic or superior consular officers to ask and obtain a mandate or preliminary warrant of arrest for the person whose surrender is sought, whereupon the judges and magistrates of the two Governments shall respectively have power and authority, upon complaint made under oath, to issue a warrant for the apprehension of the person charged, in order that he or she may be brought before such judge or magistrate, that the evidence of criminality may be heard and considered; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper executive authority, that a warrant may issue for the surrender of the fugitive.

If the fugitive criminal shall have been convicted of the crime for which his surrender is asked, a copy of the sentence of the Court before which such conviction took place, duly authenticated, shall be produced. If, however, the fugitive is merely charged with crime, a duly authenticated copy of the warrant of arrest in the country where the crime was committed, and of the depositions upon which such warrant may have been issued, shall be produced, with such other evidence or proof as may be deemed competent in the case.

XII. If when a person accused shall have been arrested in virtue of the mandate or preliminary warrant of arrest. issued by the competent authority as provided in Article XI hereof, and been brought before a judge or a magistrate to the end that the evidence of his or her guilt may be heard and examined as herein before provided, it shall appear that the mandate or preliminary warrant of arrest has been issued in pursuance of a request or declaration received by telegraph from the Government asking for the extradition, it shall be competent for the judge or magistrate, at his discretion, to hold the accused for a period not exceding two months, so that the demanding Government may have opportunity to lay before such judge or magistrate legal evidence of the guilt of the accused, and if at the expiration of said period of two months, such legal evidence shall not have been produced before such judge or magistrate, the person arrested shall be released, provided that the examination of the charges preferred against such accused person shall not be actually going on.

XIII. In every case of a request made by either of the two contracting parties for the arrest, detention or extradition of fugitive criminals, the legal officers or fiscal ministry of the country where the proceedings of extradition are had, shall assist the officers of the Government demanding the extradition before the respective judges and magistrates, by

every legal means within their or its power; and no claim whatever for compensation for any of the services so rendered shall be made against the Government demanding the extradition, provided, however, that any officer or officers of the surrendering Government so giving assistance, who shall, in the usual course of his or their duty, receive no salary or compensation other than specific fees for services performed, shall be entitled to receive from the Government demanding the extradition the customary fees for the acts or services performed by them, in the same manner and to the same amount as though such acts or services had been performed in ordinary criminal proceedings under the laws of the country of which they are officers.

XIV. This Treaty must be submitted for approval in the form prescribed by the laws of the two countries, and shall take effect from the day of the exchange of the ratification thereof; but either contracting party may at any time terminate it on giving to the other six months' notice of its intention to do so.

The ratifications shall be exchanged in San José of Costa Rica, or in Washington, as soon as possible.

In witness whereof the respective plenipotentiaries have signed the above Articles, and have hereunto affixed their seals.

Done in duplicate, at the City of San José de Costa Rica, this 10th day of November, 1922.

(Seal) ROY TASCO DAVIS. (Seal) J. A. CORONADO.

EXCHANGE OF NOTES.

The Secretary of State for Foreign Relations of Costa Rica to the Minister of the United States.

(Translation.)

Republic of Costa Rica,
Department of Foreign Relations,

San José, November 10, 1922.

(No. 333, B.) Mr. Minister,

I HAVE the honour to inform your Excellency that I have received instructions from the President of the Republic to declare, on the part of the Government of Costa Rica, with reference to the Extradition Treaty that your Excellency and the undersigned have just signed, that it is understood that the Government of the United States of America gives assurance that the death sentence will not be passed upon criminals surrendered by Costa Rica to the United States of America for any one of the crimes enumerated in the said Treaty, and that that assurance will form an effective part of

the Treaty, and that it will be so mentioned in its ratification.

I avail myself, &c.

J. A. CORONADO.

The Most Excellent MR. ROY T. DAVIS,
Envoy Extraordinary and
Minister Plenipotentiary of the
United States of America, San José.

The Minister of the United States to the Secretary of State for Foreign Relations of Costa Rica.

(No. 63.)

Excellency,

Legation of the United States of America, San José, Costa Rica, November 10, 1922. Is signing to-day, with the Secretary of State for Foreign Affairs of the Republic of Costa Rica, the Extradition Treaty which was negotiated between the Government of the United States and that of Costa Rica, the undersigned Envoy Extraordinary and Minister Plenipotentiary of the United States of America has the honour to acknowledge, and to take congnisance of, the note of the Secretary of State for Foreign Affairs of this day's date, stating that he desires to place on record, on behalf of the Costa Rican Government, its understanding that the Government of the United States assures that the death penalty will not be enforced against criminals delivered by Costa Rica to the United States for any of the crimes enumerated in the said Treaty, and that such assurance is, in effect, to form part of the Treaty and will be so mentioned in the ratifications of the treaty.

In order to make this assurance in the most effective manner possible, it is agreed by the United States that no person charged with crime shall be extraditable from Costa Rica upon whom the death penalty can be inflicted for the offence charged by the laws of the jurisdiction in which the charge is pending.

This agreement on the part of the United States will be mentioned in the ratifications of the Treaty, and will, in effect, form part of the Treaty.

I avail myself, &c.

ROY T. DAVIS.

His Excellency

SEÑOR DON JOSÉ ANDRÉS CORONADO,

Secretary of State for Foreign Affairs, &c., &c., &c.,

San José.

PARCEL POST CONVENTION between the United States of America and Finland, signed at Helsingfors, January 12, 1922, and at Washington, July 21, 1922.*

[Ratified by the United States, July 26, 1922, and by Finland, September 1. 1922.]

THE undersigned, Hubert Work, Postmaster-General of the United States of America, and G. E. F. Albrecht, Postmaster-General of the Republic of Finland, by virtue of authority vested in them for the purpose of making better arrangements for a parcel-post system of exchange between the above-mentioned countries, have agreed upon the following Articles:-

ART. I. The provisions of this Convention shall relate only to parcels of mail matter to be exchanged by the system herein provided for, and shall in no way affect the arrangements now existing under the Universal Postal Convention, which will continue in force as heretofore; and all the agreements hereinafter contained shall apply exclusively to mails exchanged under these Articles.

II. There shall be admitted to the mails exchanged under this Convention articles of merchandise and mail matter (except letters, post cards and written matter) of all kinds that are admitted under any conditions to the domestic mails of the country of origin, except that no packet may exceed 22 pounds (10 kilog.) in weight, nor the following dimensions: greatest length in any direction, 3 feet 6 inches (105 centim.); greatest length and girth combined, 6 feet (180 centim.); and must be so wrapped or enclosed as to permit their contents to be easily examined by postmasters and Customs officers, excepting only those articles whose admission in this manner is forbidden by the laws of the country of destination, due notice of which shall be mutually given by the postal authorities of the United States and Finland, respectively.

The following articles are prohibited:

Publications which violate the copyright laws of the country of destination; poisons and explosive or inflammable substances; live or dead animals, except dead insects and reptiles when thoroughly dried; fruits and vegetables which easily decompose, and substances which exhale a bad odour; lottery tickets, lottery advertisements and lottery circulars; all obscene or immoral articles; articles which may in any way damage or destroy the mails or injure the persons handling them.

*

League of Nations Treaty Series, No. 356." Signed also in the Swedish language.

All admissible articles of merchandise mailed in one country for the other or received in one country from the other shall be free from detention or inspection of any nature whatsoever, except such as is required for collection of Customs duties; and shall be forwarded by the most speedy means to their destination, being subject, however, in their transmission, to the laws and regulations of each country, respectively.

III.-(1.) No letter or communication of the nature of personal correspondence shall accompany any parcel or be attached thereto.

(2.) If such communications be found, they will be placed in the ordinary mail if separable, and if the communications be inseparably attached the whole package containing them will be rejected. If, however, any such should be inadvertently forwarded, the country of destination may collect on the letter or letters double rates of postage, according to the Universal Postal Convention.

(3.) No parcel shall contain packages intended for delivery at an address other than the one borne by the parcel itself. If such enclosed packages be detected, they shall be sent forward singly, charged with new and distinct parcelpost rates.

IV. The following rates of postage shall be required to be fully prepaid with postage stamps of the country of origin, viz.:

In Finland.

For a parcel not exceeding 1 kilog., 10 marks.

For a parcel over 1 kilog. and not exceeding 3 kilog.. 18 marks.

For a parcel over 3 kilog. and not over 5 kilog., 26 marks. For a parcel over 5 kilog., 26 marks for the first 5 kilog., adding 8 marks for each additional kilog. or fraction thereof.

In the United States.

For a parcel not exceeding 1 pound (455 grams) in weight. 12 cents; and for each additional pound (455 grams) or fraction of a pound, 12 cents.

The parcels shall be promptly delivered to addressees at the post office of address in the country of destination free of charge for postage; but the country of destination may, at its option, levy and collect from the addressees for delivery a charge not exceeding 5 cents in the United States and 3 marks in Finland, on each single parcel of whatever weight. V. (1.) The sender shall, at the time of mailing the parcel, receive from the post office where the parcel is mailed a certificate of mailing, prepared in accordance with the postal regulations of the country of origin.

« PreviousContinue »