crime, or which may be material as evidence in making proof of the crime, shall so far as practicable, according to the laws of either of the High Contracting Parties, be delivered up with his person at the time of surrender. Nevertheless, the rights of a third party with regard to the articles referred to, shall be duly respected. ARTICLE XI. The stipulations of the present Treaty shall be applicable to all territory wherever situated, belonging to either of the High Contracting Parties or in the occupancy and under the control of either of them, during such occupancy or control. Requisitions for the surrender of fugitives from justice shall be made by the respective diplomatic agents of the High Contracting Parties. In the event of the absence of such agents from the country or its seat of Government, or where extradition is sought from territory included in the preceding paragraph, other than the United States or Austria, requisitions may be made by superior consular officers. Requisitions for surrender with accompanying documentary proofs shall be required to be translated by the Government which has preferred the demand for extradition into the language of the surrendering Government. The arrest and detention of a fugitive may be applied for on information, even by telegraph, of the existence of a judgment of conviction or of a warrant of arrest. In Austria, the application for arrest and detention shall be addressed to the Federal Chancellor, who will transmit it to the proper department. In the United States, the application for arrest and detention shall be addressed to the Secretary of State, who shall deliver a mandate certifying that the application is regularly made and requesting the competent authorities to take action thereon in conformity to statute. In case of urgency, the application for arrest and detention may be addressed directly to the competent magistrate in conformity to the statutes in force. The person provisionally arrested shall be released, unless within three months from the date of commitment in the United States— or from the date of arrest in Austria, the formal requisition for surrender, with the documentary proofs hereinafter described, be made as aforesaid by the diplomatic agent of the demanding Government, or in his absence, by a consular officer thereof. If the fugitive criminal shall have been convicted of the crime for which his extradition 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. ARTICLE XII. In every case of a request made by either of the High Contracting Parties, for the arrest, detention or extradition of fugitive criminals, the appropriate legal officers 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 appropriate legal means within their power. ARTICLE XIII. The present Convention shall be ratified by the High Contracting Parties, in accordance with their respective constitutional methods and shall take effect on the thirtieth day after the date of the exchange of ratifications, which shall take place at Vienna as soon as possible, but it shall not operate retroactively. On the day when the present Convention takes effect, the Convention of July 3, 1856 shall cease to be in force except as to crimes therein enumerated and committed prior to the date first mentioned. The present Convention shall remain in force for a period of six months after either of the two Governments shall have given notice of a purpose to terminate it. In witness whereof the above named Plenipotentiaries have signed the present Treaty and have hereunto affixed their seals. Done in duplicate at Vienna this 31rst day of January nineteen hundred and thirty. (Signed) Albert Henry Washburn. Schober. NOTES CONCERNING THE DEATH PENALTY, EXCHANGED AT THE TIME OF SIGNATURE OF THE EXTRADITION TREATY BETWEEN THE UNITED STATES OF AMERICA AND AUSTRIA The American Minister to the Austrian Federal Chancellor American Legation, VIENNA, January 31st, 1930. Excellency: At the moment of signing the Treaty of Extradition between the United States of America and the Republic of Austria, I have the honor to state that I have been duly authorized to inform Your Excellency that in the event of the conviction in the United States of a person extradited from Austria where such conviction is followed by a sentence of death, the Government of the United States will undertake to recommend to the appropriate authorities the exercise of mercy by way of the commutation of the sentence to life imprisonment. Accept, Excellency, the renewed assurances of my highest consider ation. Mr. Minister: I have the honor, in the name of the Federal Government, to acknowledge the receipt of the note which Your Excellency sent me on the occasion of the signing of the treaty between the 40639-38-vol. 4- 6 Republic of Austria and the United States of America for the extradition of criminals, and to take note of the declaration therein contained according to which Your Excellency has been empowered to inform me that the Government of the United States, in the event of a person delivered by Austria being found guilty in the said State and sentenced to death, the gracious commutation of the death penalty to a life imprisonment will be recommended. Accept, Excellency, the renewed assurances of my most distinguished and highest consideration. His Excellency Mr. Albert Henry Washburn, Schober. Envoy Extraordinary and Minister Plenipotentiary of the 1931 SUPPLEMENTARY AGREEMENT TO THE TREATY OF FRIENDSHIP, COMMERCE AND CONSULAR RIGHTS OF JUNE 19, 1928 Signed at Vienna, January 20, 1931; ratification advised by the Senate of the United States, February 20, 1931 (legislative day of February 17, 1931); ratified by the President of the United States, April 29, 1931; ratified by Austria, March 28, 1931; ratifications exchanged at Vienna, May 27, 1931; proclaimed by the President of the United States, May 28, 1931 (Treaty Series, No. 839; 47 Statutes at Large, 1899) SUPPLEMENTARY AGREEMENT TO THE TREATY OF FRIENDSHIP, COMMERCE AND CONSULAR RIGHTS BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF AUSTRIA, SIGNED ON JUNE 19, 1928. The United States of America and the Republic of Austria, by the undersigned Mr. Gilchrist Baker Stockton, Envoy Extraordinary and Minister Plenipotentiary of the United States of America at Vienna, and Dr. Johann Schober, Vice-Chancellor and Federal Minister for Foreign Affairs of the Republic of Austria, their duly empowered plenipotentiaries, agree, as follows: Notwithstanding the provisions of the first paragraph of Article XXIV of the Treaty of Friendship, Commerce and Consular Rights, between the United States of America and the Republic of Austria, signed June 19, 1928, to the effect that the said Treaty shall remain in force for the term of six years from the date of the exchange of ratifications, it is agreed that the said Treaty may be terminated on February 11, 1935, or on any date thereafter, by notice given by either high contracting party to the other party one year before the date on which it is desired that such termination shall become effective. DONE in duplicate, in the English and German languages, at Vienna, this 20 day of January One Thousand Nine Hundred and Thirtyone. (Signed) G. B. Stockton. Schober. 1934 SUPPLEMENTARY EXTRADITION TREATY Signed at Vienna, May 19, 1934; ratification advised by the Senate of the United States, June 15, 1934 (legislative day of June 6, 1934); ratified by the President of the United States, June 28, 1934; ratified by Austria, August 21, 1934; ratifications exchanged at Vienna, September 5, 1934; proclaimed by the President of the United States, September 10, 1934 (Treaty Series, No. 873; 49 Statutes at Large, 2710) The United States of America and Austria, desiring to enlarge the list of crimes on account of which extradition may be granted under the Convention concluded between the United States and Austria on January 31, 1930, with a view to the better administration of justice and prevention of crime within their respective territories and jurisdictions, have resolved to conclude a Supplementary Convention for this purpose and have appointed the following Plenipotentiaries: The President of the United States of America: Mr. Alfred W. Kliefoth, his Chargé d'Affaires ad interim to Austria, and The Federal President of Austria: Dr. Engelbert Dollfuss, Federal Chancellor. Who, after having communicated to each other their respective full powers, found to be in good and due form, have agreed upon and concluded the following articles: ARTICLE I. The following crimes are added to the list of crimes numbered 1 to 22 in Article II of the said Convention of January 31, 1930, on account of which extradition may be granted, that is to say: 23. Crimes against the bankruptcy laws. ARTICLE II. The Present Convention shall be considered as an integral part of the said extradition Convention of January 31, 1930, and Article II of the last-mentioned Convention shall be read as if the list of crimes there-in contained had originally comprised the additional crimes numbered 23 in the first Article of the present Convention. The present Convention shall be ratified by the High Contracting Parties in accordance with their respective constitutional methods, and shall take effect on the date of the exchange of ratifications which shall take place at Vienna as soon as possible. In witness whereof the above-mentioned Plenipotentiaries have signed the present Convention in both the English and German languages, and have hereunto affixed their seals. Done, in duplicate, at Vienna, this 19th day of May, nineteen hundred and thirty-four. (Signed) Alfred W. Kliefoth. Dollfuss. BELGIUM 1923-1924 TREATY AND PROTOCOL CONCERNING RIGHTS IN EAST AFRICA Signed at Brussels, April 18, 1923, and January 21, 1924; ratification advised by the Senate, March 3, 1924; ratified by the President, March 10, 1924; ratified by Belgium, October 20, 1924; ratifications exchanged at Brussels, November 18, 1924; proclaimed, December 6, 1924 (Treaty Series, No. 704; 43 Statutes at Large, 1863) TREATY WITH BELGIUM CONCERNING HER MANDATE OVER THE TERRITORY OF RUANDA-URUNDI Whereas by article 119 of the Treaty of Peace signed at Versailles the 28th of June 1919, Germany renounced in favor of the Principal Allied and Associated Powers all her rights and titles over her oversea possessions; and Whereas by article 22 of the same instrument it was provided that certain territories, which as a result of the war had ceased to be under the sovereignty of the States which formerly governed them, should be placed under the mandate of another Power, and that the terms of the mandate should be explicitly defined in each case by the Council of the League of Nations; and Whereas the benefits accruing to the United States under the aforesaid Article 119 of the Treaty of Versailles were confirmed by the Treaty between the United States and Germany, signed on August 25, 1921, to restore friendly relations between the two nations: and Whereas four of the Principal Allied and Associated Powers, to wit: the British Empire, France, Italy and Japan, agreed that the King of the Belgians should exercise the mandate for part of the former Colony of German East Africa; and Whereas the terms of the said mandate have been defined by the Council of the League of Nations as follows: "(Quote) ARTICLE 1. The Territory over which a mandate is conferred upon His Majesty the King of the Belgians (hereinafter called the Mandatory) comprises that part of the territory of the former colony of German East Africa situated to the west of the following line: "From the point where the frontier between the Uganda Protectorate and German East Africa cuts the River Mavumba, a straight line in a south-easterly direction to point 1640, about 15 kilomètres south-south-west of Mount Gabiro; "Thence a straight line in a southerly direction to the north shore of Lake Mohazi, where it terminates at the confluence of a river |