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The person provisionally arrested shall be released, unless within one month from the date of arrest in Germany, or from the date of commitment in the United States, the formal requisition for surrender with the documentary proofs hereinbefore prescribed be made as aforesaid by the diplomatic agent of the demanding government or, in his absence, by a consular officer thereof. However, each government agrees that, upon the request of the other government, it will address to the competent authorities an application for the extension of the time thus limited so as to allow an additional month for the purposes indicated and nothing herein contained shall be construed to prevent the granting of such an application.
ARTICLE XI. The expense of transportation of the fugitive shall be borne by the government which has preferred the demand for extradition. 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 legal means within their power; and no claim other than for the board and lodging of a fugitive prior to his surrender, arising out of the arrest, detention, examination and surrender of fugitives under this treaty shall be made against the government demanding the extradition; provided, however, that any officer or officers of the surrendering government giving assistance, who shall, in the usual course of 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.
ARTICLE XII. The present treaty shall be ratified by the High Contracting Parties in accordance with their respective constitutional methods and shall take effect one month after the exchange of ratifications which shall take place at Washington as soon as possible.
ARTICLE XIII. The present treaty shall remain in force for a period of ten years, and in case neither of the High Contracting Parties shall have given notice one year before the expiration of that period of its intention to terminate the treaty, it shall continue in force until the expiration of one year from the date on which such notice of termination shall be given by either of the High Contracting Parties.
In witness whereof the above named Plenipotentiaries have signed the present treaty and have hereunto affixed their seals.
Done in duplicate in the English and German languages at Berlin this 12th day of July 1930.
(Signed) Frederic Moseley Sackett.
Bernhard W. von Bülow.
AGREEMENT TERMINATING PARTS OF ARTICLE VII OF THE TREATY OF FRIENDSHIP, COMMERCE AND CONSULAR RIGHTS OF DECEMBER 8, 1923
Signed at Washington, June 3, 1935; ratification advised by the Senate of the United States, August 24, 1935 (legislative day of July 29, 1935); ratified by the President of the United States, August 28, 1935; ratified by Germany, September 28, 1935; ratifications exchanged at Berlin, October 7, 1935; proclaimed by the President of the United States, October 25, 1935
(Treaty Series, No. 897; 49 Statutes at Large, 3258)
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
Whereas an Agreement between the United States of America and Germany terminating parts of Article VII of the Treaty of Friendship, Commerce and Consular Rights between the two countries signed December 8, 1923, was concluded and signed by their respective Plenipotentiaries at Washington on the third day of June, one thousand nine hundred and thirty-five, the original of which Agreement, being in the English and German languages, is word for word as follows:
The undersigned duly authorized representatives of the United States of America and Germany on behalf of their respective Governments have reached the following Agreement:
ARTICLE I. The second, third, fourth, sixth and seventh paragraphs of Article VII of the Treaty of Friendship, Commerce and Consular Rights between the United States of America and Germany signed December 8th, 1923, shall cease to have force and effect on and after the day on which this Agreement comes into force.
ARTICLE II. The present Agreement shall become operative on October 14th, 1935, and on and after that day shall have full force and effect as an integral part of the said Treaty of Friendship, Commerce and Consular Rights.
The present Agreement shall be ratified, and the ratifications thereof shall be exchanged at Berlin as soon as possible.
Done in duplicate, in the English and German languages, both authentic, at the city of Washington, this 3rd day of June, 1935. Hans Luther.
(Signed) Cordell Hull.
And whereas the said Agreement has been duly ratified on both parts, and the ratifications of the two Governments were exchanged in the city of Berlin on the seventh day of October, one thousand nine hundred and thirty-five;
And whereas the said Agreement, in accordance with Article II thereof, became operative on October 14, 1935;
Now, therefore, be it known that I, Franklin D. Roosevelt, Presi dent of the United States of America, have caused the said Agree ment to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States of America and the citizens thereof.
In testimony whereof, I have hereunto set my hand and caused the seal of the United States of America to be affixed.
Done at the city of Washington this twenty-fifth day of October in the year of our Lord one thousand nine hundred and [SEAL] thirty-five and of the Independence of the United States of America the one hundred and sixtieth.
By the President:
(Signed) Franklin D. Roosevelt.
Cordell Hull, Secretary of State.
(NOTE. See Canadian treaties pages 3982 to 4016; those with Iraq pages 4335
AGREEMENT FURTHER EXTENDING THE DURATION OF THE ARBITRATION CONVENTION OF APRIL 4, 1908
Signed at Washington, June 23, 1923; ratification advised by the Senate, December 18, 1923; ratified by the President, December 28, 1923; ratified by Great Britain, August 1, 1923; ratifications exchanged at Washington, December 29, 1923; proclaimed, December 29, 1923
(Treaty Series, No. 674; 43 Statutes at Large 1695)
The President of the United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, being desirous of extending for another five years the period during which the Arbitration Convention concluded between them on April 4, 1908, extended by the Agreement concluded between the two Governments on May 31, 1913, and further extended by the Agreement concluded between the two Governments on June 3, 1918, shall remain in force, have respectively authorized the undersigned, to wit: Charles Evans Hughes, Secretary of State of the United States; and Sir Auckland Geddes, G. C. M. G., K. C. B., His Britannic Majesty's Ambassador Extraordinary and Plenipotentiary to the United States, to conclude the following Articles:
ARTICLE I. The Convention of Arbitration of April 4, 1908, between the Government of the United States of America and the Government of His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, the duration of which by Article IV thereof was fixed at a period of five years from the date of the exchange of ratifications of the said Convention on June 4, 1908, which period by the Agreement of May 31, 1913, between the two Governments was extended for five years from June 4, 1913, and was extended by the Agreement between them of June 3, 1918, for the further period of five years from June 4, 1918, is hereby extended and continued in force for the further period of five years from June 4, 1923.
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 His Britannic Majesty, 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, this twenty-third day of June, one thousand nine hundred and twenty-three.
(Signed) Charles Evans Hughes.
[EXCHANGE OF NOTES]
[The Secretary of State to the Ambassador of Great Britain]
DEPARTMENT OF STATE,
Washington, June 23, 1923.
Excellency: In connection with the signing today of an agreement for the renewal of the Convention of Arbitration concluded between the United States and Great Britain, April 4, 1908, and renewed from time to time, I have the honor, in pursuance of our informal conversations, to state the following understanding which I shall be glad to have you confirm on behalf of your Government.
On February 24 last the President proposed to the Senate that it consent under certain stated conditions to the adhesion by the United States to the Protocol of December 16, 1920, under which the Permanent Court of International Justice had been created at The Hague. As the Senate does not convene in its regular session until December next, action upon this proposal will necessarily be delayed. In the event that the Senate gives its assent to the proposal, I understand that the British Government will not be averse to considering a modification of the Convention of Arbitration which we are renewing, or the making of a separate agreement, providing for the reference of disputes mentioned in the Convention to the Permanent Court of International Justice.
Accept, Excellency, the renewed assurance of my highest consideration.
(Signed) Charles E. Hughes. The Right Honorable Sir Auckland Geddes, G. C. M. G., K. C. B., Ambassador of Great Britain.
[The Ambassador of Great Britain to the Secretary of State]
BRITISH EMBASSY, Washington, D. C., June 23, 1923.
Sir: I have the honour to acknowledge the receipt of your note of today's date in which you were so good as to inform me, in connection with the renewal of the Arbitration Convention of April 4th, 1908, between Great Britain and the United States, that the President of the United States had proposed to the Senate the adherence of the United States, under certain conditions, to the Protocol of December 16th, 1920, creating the Permanent Court of International Justice at the Hague, and that, if the Senate assents to this proposal, you understand that His Britannic Majesty's Government would be prepared to consider the conclusion of an agreement, providing for the reference to the Permanent Court of International Justice of disputes mentioned in the Convention.
Under instructions from His Majesty's Principal Secretary of State for Foreign Affairs I have the honor to confirm your understanding of His Majesty's Government's attitude on this point and to state that if the Senate approve the President's proposal His Majesty's Government will be prepared to consider with the United