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Consulaires Dominicains jouiront de tous les autres privilèges, exemptions, et immunités dans les Colonies Néerlandaises qui pourraient par la suite être accordés aux Agents de même rang de la nation la plus favorisée.

XV. La présente Convention restera en vigueur pendant cinq ans à partir de l'échange des ratifications, lequel aura lieu aussitôt que faire se pourra.

Dans le cas où ni l'une ni l'autre des Hautes Parties Contrac tantes n'aurait notifié, douze mois avant l'expiration de la dite période de cinq années, son intention d'en faire cesser les effets, la Convention continuera à rester en vigueur pendant encore une année à partir du jour où l'une des deux Parties l'aura dénoncée.

En foi de quoi les Plénipotentiaires respectifs ont signé la présente Convention et y ont apposé le sceau de leurs armes. Fait à La Haye, en double, le 1er Mai, 1891.

(L.S.) HARTSEN.

(L.S.) MACKAY.

(L.S.) EMANUEL DE ALMEDA.

CONVENTION between Austria-Ilungary and Uruguay, for the Mutual Extradition of Criminals.-Signed at Monte Video, June 25, 1887.

[Ratifications exchanged at Monte Video, August 29, 1896.]

(Translation.)

His Majesty the Emperor of Austria, King of Bohemia, &c., and Apostolic King of Hungary, and his Excellency the Constitutional President of the Oriental Republic of the Uruguay, having decided by common agreement to conclude a Convention for the extradition of criminals, have nominated for that object their Plenipotentiaries,

viz.:

His Majesty the Emperor of Austria and Apostolic King of Hungary, Baron Manuel von Salzberg, his Minister Resident to the Oriental Republic of the Uruguay; and

Ilis Excellency the President of the Oriental Republic of the Uruguay, Dr. Don Julio Herrera y Obes, Secretary of State ad interim for Foreign Affairs;

Who, having communicated to each other their respective full

powers, which were found to be in good and due form, have agreed upon the following Articles:

ART. I. The High Contracting Parties undertake to deliver up reciprocally, in conformity with this Convention, the individuals accused, prosecuted, or condemned by the judicial authorities of one of the High Contracting Parties for any of the punishable offences set out in Article III of this Convention, provided that such offence shall have been committed beyond the territory of the State from which extradition is demanded.

When the punishable offence giving rise to the demand for extradition shall have been committed beyond the territory of the State making the demand, the latter shall give effect to such demand provided that the legislation of the demanding State and that of the State to which the demand is addressed authorizes in that case the prosecution of the same acts committed abroad.

II. Austro-Hungarian subjects shall not be delivered up by Austria-Hungary to the Government of the Oriental Republic of the Uruguay, nor shall citizens of that Republic be delivered up by the Government of Uruguay to Austria-Hungary.

When the punishable offence giving rise to the demand for extradition shall have been committed beyond the territories of the Contracting Parties, and when the extradition is equally demanded by the Government of the country in which the crime has been committed, effect shall be given to the extradition of the culprit and to his being delivered up to the Government of the latter country.

III. Extradition shall be accorded for the offences enumerated as follows:

1. Murder and wilful homicide;

2. Wounds and injuries wilfully inflicted resulting in death, but without the intention of causing it, or in a possibly incurable illness, or in permanent personal disablement; the destruction or loss of a member or organ, or a serious mutilation;

3. Rape, or other indecent assaults, committed with violence; 4. Polygamy, bigamy;

5. Concealment, suppression, substitution, or imposition of children;

6. Wilful arson, wilful destruction of a railway causing injury to, or the death of, one or more persons;

7. Counterfeiting or altering money or State bonds and securities, bank-notes or other notes of public credit having financial currency; the introduction, issue, and intentional use of such counterfeited or altered money or documents; the forgery of official documents, postage-stamps, seals, dies, or other marks of the State; and the intentional use of such forged objects;

8. Theft committed with violence against the person;

9. Theft without violence, swindling, and fraud, substraction and concealment; forgery of public or private letters, letters of exchange, or other commercial papers, and wilful use of the same; provided that in such cases the extent of the injury exceeds the sum of 1,000 florins in Austria-Hungary or 500 dollars in Uruguay ;

10. Perjury in a criminal matter to the injury of the accused; 11. Wilful and culpable acts resulting in the loss, wreck, destruction, or serious damage to ships or other vessels (barratry); 12. Mutiny, or revolt of the crew of a vessel against the captain or superior officers;

13. Fraudulent bankruptcy.

In the above cases attempts at and complicity or participation in such offences shall be sufficient ground for extradition, when such attempts, complicity, or participation are punishable under the legislation of the State making the demand and the State applied to.

IV. The request for extradition shall be made through the diplomatic channel.

In default of a Diplomatic Representative, the application for extradition shall be made by the Ministry for Foreign Affairs of the one country directly to the Ministry for Foreign Affairs of the other.

Extradition shall only be granted upon the production, either in original or in a duly authenticated copy, of the sentence or indictment, or of the warrant of arrest, or of any other document having the same force as such order or sentence.

These documents, which shall be forwarded in the form prescribed by the legislation of the demanding State, shall contain a description of the punishable offence on account of which the proceedings are taken, and the indication of the penalty applicable thereto, and shall be accompanied, as far as possible, by a description of the person claimed, or other proofs by which his identity may be verified.

V. In cases of urgency either Government shall be able, upon notice being given of the existence of a warrant of arrest, to demand and obtain, by the most direct means, the provisional arrest of the accused or condemned person; on condition, however, that the document upon which the request is grounded shall be produced within a period of two months to be reckoned from the date upon which the arrest has been made.

VI. If within the space of three months, counting from the date upon which the accused or condemned person has been put at its disposal, the Government which has made the claim shall not have taken charge of such person, he shall be set at liberty, and shall not be again arrested for the same motive.

In this case the expenses shall be at the charge of the Government making the claim.

VII. If the individual whose extradition is requested by one of the High Contracting Parties in virtue of this Convention is also claimed by one or other Powers on account of penal offences, he shall be delivered to the Government of the State in whose territory the more serious offence shall have been committed, and, in case of equal gravity, he shall be handed over to the Government of the State which first makes the demand.

VIII. In no case shall extradition be granted for crimes or offences of a political character, nor for any acts in connection with the same.

It shall not be considered a political offence, or act connected therewith, the attempt against the person of a superior Chief of a State, or against the members of his family, when such attempt constitutes the crime of murder, assassination, or poisoning.

IX. The individual given up shall not in any case be tried or punished in the State to which he has been handed over for a crime or offence of a political character committed anterior to the extradition, nor for actions connected therewith, nor for any penal offence not indicated in the present Convention.

X. Extradition shall not be granted when, according to the laws of the country to which the extradition is demanded, exemption from prosecution or punishment has been acquired by lapse of time.

Extradition shall likewise not take place when the individual whose extradition is demanded has already been tried and acquitted in the demanding country in respect of the same offence as that upon which the request for extradition is grounded, or if the action is still pending or he has already suffered the corresponding penalty.

XI. Extradition shall, nevertheless, take place even when the individual claimed is proceeded against or is detained on account of obligations contracted towards private individuals; it being allowed, however, to the injured party to prosecute his rights before the competent authority.

XII. If the individual claimed shall be proceeded against or detained in the State to which the demand is made, for an offence other than that giving rise to the demand for extradition, his extradition shall be deferred until the termination of the proceedings, and, in case of condemnation, until he shall have suffered the punishment or shall have been pardoned.

XIII. All the objects which have been used in the commission of the penal offence, or which may have been obtained by the same, as well as those which may be used as proof of the crime (" pieza

de conviccion"), shall be delivered up at the same time as the individual claimed.

This proceeding shall also take place even when the extradition cannot be effected by reason of the death or flight of the accused.

It shall include all the objects of the same nature which the accused shall have concealed or deposited in the country in which he has taken refuge, and which shall be subsequently discovered. The rights of third parties to the objects mentioned shall, however, be reserved, and such objects shall be returned to them, free of expense, on the termination of the proceedings.

XIV. The expenses occasioned by the arrest, the detention, the maintenance, and the transport of the individual whose extradition shall have been granted, as also the transport of the objects referred to in the preceding Article, shall be at the charge of the two Governments in the limits of their respective territories. The cost of transport by sea shall be borne by the Government making the claim.

XV. When, during the course of a penal action, not political, one of the two Contracting Governments considers necessary the cvidence of witnesses domiciled in the other State, or any other necessary investigation, a Commission of Request ("Carta Rogatoria") shall be issued for that purpose through the channel indicated in Article IV, and the same shall be executed in accordance with the laws of the country to which the request is made.

The two Contracting Governments renounce reciprocally all claim for expenses connected with the execution of a Commission of Request, except as regards the evidence of experts in commercial or medico-legal affairs.

XVI. The Contracting Parties declare that the three texts of this Convention, viz., the German, the Hungarian, and the Spanish, shall be held to be equally authentic, and, in the event of there being encountered any difference in the three texts, or if there should arise any doubt as to the interpretation of any of the Articles, which cannot be cleared up by a comparison of one text with the two others, that text shall prevail which is most favourable to the extradition of the accused.

XVII. The present Convention shall go into effect from the date of its promulgation in the form prescribed by the laws in force in the territories of the High Contracting Parties.

This promulgation shall take place within six mouths from the date of the exchange of ratifications.

The Convention may be denounced by either of the High Contracting Parties. It shall, however, continue in force until the expiration of one year from the date of its denunciation.

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