ARTICLE VI. A fugitive criminal shall not be surrendered if the offence in respect of which his surrender is demanded be of a political character, or if he proves that the requisition for his surrender has, in fact, been made with a view to try or punish him for an offence of a political character. If any question shall arise as to whether a case comes within the provisions of this article, the decision of the authorities of the Government on which the demand for surrender is made shall be final. ARTICLE VII. No person surrendered by either of the High contracting Parties to the other shall be triable or tried or be punished for any crime or offence committed prior to his extradition, other than the offence for which he was delivered up, nor shall such person be arrested or detained on civil process for a cause accrued before extradition, unless he has been at liberty for one month after having been tried, to leave the country, or, in case of conviction, for one month after having suffered his punishment or having been pardoned. ARTICLE VIII. Extradition shall not be granted, in pursuance of the provisions of this convention, if the person claimed has been tried for the same act in the country to which the requisition is addressed, or if legal proceedings or the enforcement of the penalty for the act committed by the person claimed have become barred by limitation, according to the laws of the country to which the requisition is addressed. ARTICLE IX. If the person whose extradition may be claimed, pursuant to the stipulations hereof, be actually under prosecution for a crime or offence in the country where he has sought asylum, or shall have been convicted thereof, his extradition may be deferred until such proceedings be terminated, and until such criminal shall be set at liberty in due course of law. ARTICLE X. 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 other Powers on account of crimes or offences 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 asked is not bound by treaty, in case of concurrent demands, to give preference to the one earliest in date, in which event that shall be the rule; And Provided That no other arrangement is made between the demanding Governments according to which preference may be given either on account of the gravity of the crime committed or for any other reason. ARTICLE XI. All articles seized which were in the possession of the person to be surrendered at the time of his apprehension, whether being the proceeds of the crime or offence charged, or being material as evidence in making proof of the crime or offence, shall, so far as prac ticable, and if the competent authority of the State applied to orders the delivery thereof, be given up when the extradition takes place. Nevertheless, the rights of third parties with regard to the articles aforesaid shall be duly respected. ARTICLE XII. The expenses incurred in the arrest, detention, examination and delivery of fugitives under this treaty 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 public officers or functionaries of the Government from which extradition is sought as receive a fixed salary; And Provided, That the charge for the services of such public officers or functionaries as receive only fees or perquisites shall not exceed their customary fees for the acts or services performed by them had such acts or services been performed in ordinary criminal proceedings under the laws of the country of which they are officers or functionaries. ARTICLE XIII. In the colonies and other possessions of the two High contracting Parties, the manner of proceeding may be as follows: The requisition for the surrender of a fugitive criminal who has taken refuge in a colony or foreign possession of either Party may be made to the Governor or chief authority of such colony or possession by the chief consular officer of the other in such colony or possession; or if the fugitive has escaped from a colony or foreign possession of the Party on whose behalf the requisition is made, by the Governor or chief authority of such colony or possession. Such requisitions may be disposed of, subject always, as nearly as may be, to the provisions of this treaty, by the respective Governors or chief authorities, who, however, shall be at liberty either to grant the surrender or refer the matter to their Government. ARTICLE XIV The present treaty shall take effect on the thirtieth day after the date of the exchange of Ratifications, and shall not operate retroactively. On the day on which it takes effect, the conventions of November 9, 1843, February 24, 1845, and February 10, 1858, shall cease to be in force except as to crimes therein enumerated and committed prior to that date. The ratifications of this treaty shall be exchanged at Paris as soon as possible, and it 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 respective Plenipotentiaries have signed the above articles both in English and the French languages and have hereunto affixed their seals. Done in duplicate at Paris, on the 6th January 1909, [SEAL] SEAL] HENRY WHITE S. PICHON 1911. EXCHANGE OF NOTES ESTABLISHING ARRANGEMENT BETWEEN THE UNITED STATES AND FRANCE FOR RECIPROCAL PROTECTION IN CHINA OF LITERARY AND ARTISTIC PROPERTY. Peking December 26-27, 1911. (Foreign Relations, 1912, p. 177.) The French Chargé d'Affaires to the American Minister. [Translation.] LEGATION OF THE FRENCH REPUBLIC IN CHINA, Peking, December 26, 1911. MR. MINISTER: Our Governments being desirous of assuring to French and American citizens and subjects reciprocal protection in China of the rights of authors over their literary and artistic productions to the same extent that they are protected in French and American territories and possessions, I have been instructed by the Minister for Foreign Affairs of France to communicate to you the following: 1st. By virtue of the civil and criminal jurisdiction with which they are vested and which they exercise in China, the consuls and consular courts of France are competent to take cognizance of all complaints that may be laid before them relative to the violation of the rights of authorship by persons under French jurisdiction. 2d. Consequently whenever persons under American jurisdiction shall have occasion to address them in order to obtain respect from persons under French jurisdiction of their rights of authorship over their literary and artistic productions, including photographs, the complaints will henceforth be laid, in the first instance, before the consular court, and appeals will come before the appellate court at Saigon or Hanoi. 3d. The citizens of the possessions of the United States of America will enjoy in China the same treatment as the citizens of the United States of America. 4th. Unauthorized reproductions by persons under French jurisdiction, made previous to the first of January next, of literary, artistic or photographic works executed by persons under American jurisdiction, will be withdrawn from sale or circulation in China before December 31, 1912. 5th. Literary and artistic property in France is regulated by the law of March 28, 1897, which approves the convention signed at Berne on September 9, 1896, for the protection of literary and artistic productions, and also by the law of April 15, 1897, which approves the additional enactment and the declaration of May 4, 1896, modifying the convention of Berne. I will be under great obligation to you if you will kindly take note of the present declaration and will inform me whether persons under French jurisdiction may count on the same legal protection from the consular authorities in China of the United States of America in all that concerns the ownership of literary and artistic productions. Accept [etc.] F. GEORGES PICOT. The American Minister to the French Chargé d'Affaires. AMERICAN LEGATION, Peking, December 27, 1911. MR. CHARGÉ D'AFFAIRES AND DEAR COLLEAGUE: I have the honor to acknowledge the receipt of your note of December 26, 1911, informing me that you have been authorized by your Government to effect with me by an exchange of notes an agreement for the reciprocal protection in China of French and American copyrights for literary and artistic productions. I have the honor to inform you in reply that I have been authorized to state that henceforth protection will be afforded in China, in accordance with the laws of the United States and on condition of reciprocity, for the copyrights of French literary, artistic, musical or dramatic works, including photographs, duly registered in the United States, against infringement by persons under American jurisdiction. To that end the American courts in China will be competent to hear all such cases presented by citizens or subjects of France. I have the honor further to inform you that the protection of literary and artistic property in the United States of America is provided for by the act of Congress of March 4, 1909, amending and consolidating previous acts respecting copyright (U. S. Statutes at Large, vol. 35, chapter 320); and that by a Presidential proclamation of April 9, 1910, this protection is extended to works of authors or proprietors who are citizens or subjects of France. Accept [etc.] W. J. CALHOUN. 1913. AGREEMENT EXTENDING THE DURATION OF THE ÁRBITRATION CONVENTION OF FEBRUARY 10, 1908. Signed at Washington February 13, 1913; ratification advised by the Senate February 19, 1913; ratified by the President February 25, 1913; ratified by France February 28, 1913; ratifications exchanged at Washington March 14, 1913; proclaimed March 15, 1913. (Treaty Series, No. 577; 38 Statutes at Large, 1643.) ARTICLES. I. Extension of arbitration convention of February 10, 1908. II. Ratification. The Government of the United States of America and the Government of the French Republic, being desirous of extending the period 136 Statutes at Large, 2685. of five years during which the Arbitration Convention concluded between them on February 10, 1908, is to remain in force, which period is about to expire, have authorized the undersigned, to wit: Philander C. Knox, Secretary of State of the United States, and J. J. Jusserand, Ambassador of the French Republic to the United States, to conclude the following arrangement: ARTICLE I. The Convention of Arbitration of February 10, 1908,1 between the Government of the United States of America and the Government of the French Republic, the duration of which by Article III thereof was fixed at a period of five years from the date of ratification, which period will terminate on February 27, 1913, is hereby extended and continued in force for a further period of five years from February 27, 1913. ARTICLE II. The present Agreement shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by the President of the French Republic, in accordance with the constitutional laws of France, and it shall become effective upon the date of the exchange of ratifications, which shall take place at Washington as soon as possible. Done in duplicate, in the English and French languages, at Washington this 13th day of February, one thousand nine hundred and thirteen. PHILANDER C. KNOX [SEAL] [SEAL] 1914. TREATY FOR THE ADVANCEMENT OF PEACE. Signed at Washington September 15, 1914; ratification advised by the Senate September 25, 1914; ratified by the President January 14, 1915; ratified by France December 3, 1914; ratifications exchanged at Washington January 22, 1915; proclaimed January 23, 1915. (Treaty Series. No. 609; 38 Statutes at Large, 1887.) ARTICLES. 1. All disputes not settled by diplomacy or arbitration to be reported upon by commission before resort to any act of force. 2. Composition, renewal, remuneration of commission. 3. Initiative of reference of dispute. 4. Parties may be heard; preservation of rights. 5. Procedure: time and effect of report. 6. Ratification; duration. The President of the United States of America and the President of the French Republic, desiring to strengthen the friendly relations which unite their two countries and to serve the cause of general 1 For text see Vol. I, p. 549. |