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attestation of the official character of the judge by the proper executive authority; and of the latter by the minister or consul of the United States or by the minister or consul charged with the interests of Luxemburg, 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. The president of the United States or the proper authority in Luxemburg may then issue a warrant for the apprehension of the fugitive, in order that he may be brought before the proper judicial authority for examination. If it should then be decided that, according to the law and the evidence, the extradition is due pursuant to the treaty, the fugitive may be given up according to the forms prescribed in such cases.
The expenses of the arrest, detention and transportation of the persons claimed shall be paid by the Government in whose name the requisition has been made.
Extradition 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.
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.
The present convention shall take effect thirty days after the exchange of ratifications.
It may be terminated by either of the contracting parties, but shall remain in force for six months after notice has been given for its termination.
It shall be ratified and its ratifications shall be exchanged 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 thereunto affixed their seals.
Done, in duplicate, at the city of Berlin, this 29th day of October, A. D. 1883.
A. A. SARGENT. [SEAL ]
MADAGASCAR. Madagascar having become a colony of France, the treaties of 1867 and 1881 have become obsolete.
TREATY OF COMMERCE AND NAVIGATION.
Concluded February 14, 1867; ratification advised by the Senate Janu
ary 20, 1868; ratified by the President January 24, 1868; ratifications exchanged July 8, 1868; proclaimed October 1, 1868. (Treaties and Conventions, 1889, p. 638.)
This treaty, consisting of seven articles, was superseded by the Treaty of 1881.
TREATY OF FRIENDSHIP AND COMMERCE.
Concluded May 13, 1881; ratification advised by the Senate February
27, 1883; ratified by the President March 10, 1883; ratifications exchanged March 12, 1883; proclaimed March 13, 1883. (Treaties and Conventions, 1889, p. 641.)
This treaty, consisting of twelve articles, became obsolete when the sovereignty of France was extended over Madagascar.
(SEE NORTH GERMAN UNION.)
TREATY OF COMMERCE AND NAVIGATION. Concluded December 9, 1847; ratification advised by the Senate May
18, 1848; ratified by the President May 20, 1848; proclaimed August 2, 1848. (Treaties and Conventions, 1889, p. 653.)
ARTICLES. I. Freedom of commerce.
VIII. Duties on cotton, rice, tobacco II. Coasting trade.
and whale-oil. III. No preference to vessels importing. IX. Consular officers and functions. IV. Shipwrecks.
X. Trade and property rights.
Whereas a treaty of commerce and navigation between the United States of America and His Majesty the King of Hanover was concluded at Hanover on the tenth day of June One thousand eighthundred and forty-six, by the Plenipotentiaries of the contracting Parties, and was subsequently duly ratified on the part of both Governments; 1
And Whereas by the terms of the twelfth Article of the same the United States agree to extend all the advantages and privileges contained in the stipulations of the said treaty, to one or more of the other States of the Germanic confederation which may wish to accede to them by means of an official exchange of declarations, provided, that such State or States shall confer similar favors upon the United States to those conferred by the Kingdom of Hanover, and observe and be subject to the same conditions, stipulations and obligations;
And whereas the Government of His Royal Highness the GrandDuke of Mecklenburg-Schwerin has signified its desire to accede to the said treaty and to all the stipulations and provisions therein contained, as iar as the same are or may be applicable to the two countries, and to become a party thereto and has expressed its readiness to confer similar favours upon the United States as an equivalent in all respects to those conferred by the Kingdom of Hanover.
And Whereas the Government of the Grand-Duchy of MecklenburgSchwerin in its anxiety to avoid the possibilty of a misconception hereafter of the nature and extent of the favours differing essentially from those of Hanover, which it consents to bestow upon the United States, as well as for its own faithful observance of all the provisions of the said treaty, wishes the stipulations, conditions and obligations, imposed upon it; as also those which rest upon the United States, as explicitly stated, word for word in the English and German languages as contained in the following Articles:
See p. 288.
The High Contracting Parties agree, that whatever kind of produce, manufacture, or merchandise of any foreign country can be, from time to time lawfully imported into the United States in their own vessels, may also be imported in the vessels of the Grand Duchy of Mecklenburg-Schwerin, and no higher or other duties upon the tonnage or cargo of the vessel shall be levied or collected whether the importation be made in a vessel of the United States or in a vessel of Mecklenburg-Schwerin.
And in like manner whatever kind of produce, manufacture or merchandise of any foreign country can be, from time to time lawfully imported into the Grand-Duchy of Mecklenburg-Schwerin in its own vessels may also be imported in vessels of the United States; and no higher or other duties upon the tonnage or cargo of the vessel shall be levied or collected whether the importation be made in vessels of the one party or the other.
Whatever may be lawfully exported or reexported by one party in its own vessels to any foreign country, may in like manner be exported or reexported in the vessels of the other. And the same duties, bounties and drawbacks shall be collected and allowed, whether such exportation or re-exportation be made in vessels of the one party or the other.
Nor shall higher or other charges of any kind be imposed in the ports of one party on vessels of the other, than are or shall be payable in the same ports by national vessels.
The preceding article is not applicable to the coasting trade and navigation of the High Contracting Parties, which are respectively reserved by each exclusively to its own subjects or citizens.
No priority or preference shall be given by either of the Contracting Parties, nor by any company, corporation or agent acting on their behalf, or under their authority in the purchase of any article of commerce lawfully imported, on account of or in reference to the national character of the vessel, whether it be of the one Party or of the other, in which such article was imported.
The ancient and barbarous right to wrecks of the sea shall remain entirely abolished with respect to the property belonging to the subjects or citizens of the High Contracting Parties.
When any vessel of either Party shall be wrecked, stranded or otherwise damaged on the coasts or within the dominions of the other, their respective citizens or subjects shall receive, as well for themselves as for their vessels and effects, the same assistance which would be due to the inhabitants of the country where the accident happens.
They shall be liable to pay the same charges and dues of salvage as the said inhabitants would be liable to pay in a like case.
If the operations of repair shall require that the whole, or any part of the cargo be unloaded, they shall pay no duties of custom, charges or fees, on the part which they shall reload and carry away, except such as are payable in the like case, by national vessels.
It is nevertheless understood, that if, whilst the vessel is under repair, the cargo shall be unladen, and kept in a place of deposite destined to receive goods, the duties on which have not been paid, the cargo shall be liable to the charges and fees lawfully, due to the keepers of such warehouse. ·
The privileges secured by the present treaty to the respective vessels of the High Contracting Parties shall only extend to such as are built within their respective territories, or lawfully condemned as prizes of war, or adjudged to be forfeited for a breach of the municipal laws of either of the High Contracting Parties, and belonging wholly to their subjects or citizens.
It is further stipulated that vessels of the Grand-Duchy of Mecklenburg-Schwerin may select their crews from any of the States of the Germanic Confederation, provided that the master of each be a subject of the Grand-Duchy of Mecklenburg-Schwerin.
ART: 6. No higher or other duties shall be imposed on the importation into the United States of any articles, the growth, produce or manufacture of the Grand-Duchy of Mecklenburg-Schwerin, or of its fisheries, and no higher or other duties shall be imposed on the importation into the Grand-Duchy of Mecklenburg-Schwerin of any articles, the growth, produce and manufacture of the United States and of their fisheries, than are or shall be payable on the like articles being the growth, produce or manufacture of any other foreign country or of its fisheries.
No higher or other duties and charges shall be imposed in the United States on the exportation of any articles to the Grand-Duchy of Mecklenburg-Schwerin, or in Mecklenburg-Schwerin on the exportation of any articles to the United States, than such as are or shall be payable on the exportation of the like articles to any other foreign country.
No prohibition shall be imposed on the importation or exportation of any articles, the growth, produce or manufacture of the GrandDuchy of Mecklenburg-Schwerin or of its fisheries, or of the United States or their fisheries from or to the ports of said Grand-Duchy, or of the said United States, which shall not equally extend to all other powers and states.
The Iligh Contracting Parties engage mutually not to grant any particular favor to other nations in respect of navigation and duties of customs, which shall not immediately become common to the Other Party, who shall enjoy the same freely, if the concession was freely made, or on allowing a compensation as near as possible, if the concession was conditional.
ART 8 In order to augment by all the means at its bestowal the commercial relations between the United States and Germany the Grand-Duchy of Mecklenburg-Schwerin agrees subject to the reservation in Article eleventh, to abolish the import-duty on raw cotton and Paddy, or rice in the husk, the produce of the United States; to levy no higher import-duty upon leaves, stems or strips of tobacro, imported in hogs