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The extradition of fugitives under the provisions of this Treaty shall be carried out in the United States and in Norway, respectively, in conformity with the laws regulating extradition for the time being in force in the state on which the demand for surrender is made.
Where the arrest and detention of a fugitive are desired on telegraphic or other information in advance of the presentation of formal proofs, the proper course in the United States shall be to apply to a judge or other magistrate authorized to issue warrants of arrest in extradition cases and present a complaint on oath, as provided by the statutes of the United States.
When, under the provisions of this article, the arrest and detention of a fugitive are desired in the Kingdom of Norway, the proper course shall be to apply to the Foreign Office, which will immediately cause the necessary steps to be taken in order to secure the provisional arrest or detention of the fugitive.
The provisional detention of a fugitive shall cease and the prisoner be released if a formal requisition for his surrender, accompanied by the necessary evidence of his criminality, has not been produced under the stipulations of this Treaty, within two months from the date of his provisional arrest or detention.
Neither of the contracting parties shall be bound to deliver up its own citizens or subjects under the stipulations of this Treaty.
ARTICLE VI. A fugitive criminal shall not be surrendered if the offense 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 offense of a political character.
No person surrendered by either of the high contracting parties to the other shall be triable or tried, or be punished, for any political crime or offense, or for any act connected therewith, committed previously to his extradition.
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, or which may have granted the extradition, shall be final.
ARTICLE VII. Extradition shall not be granted, in pursuance of the provisions of this Treaty, 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.
No person surrendered by either of the high contracting parties to the other shall, without his consent, freely granted and publicly declared by him, be triable or tried or be punished for any crime or offense committed prior to his extradition, other than that for which he was delivered up, until he shall have had an opportunity of returning to the country from which he was surrendered.
ARTICLE IX. All articles seized which are in the possession of the person to be surrendered at the time of his apprehension, whether being the proceeds of the crime or offense charged, or being material as evidence in making proof of the crimo or offense, shall, so far as practicable and in conformity with the laws of the respective countries, be given up when the ext adition takes place. Nevertheless, the rights of third parties with regard to such articles shall be duly respected.
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 offenses 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 sought is not bound by treaty to give preference otherwise.
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 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 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.
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 Convention of March 21, 1860, a shall, as between the governments of the United States and of Norway, cease to be in force except as to crimes therein enumerated and committed prior to that day.
The ratifications of the present Treaty shall be exchanged at Washington as soon as possible, and it shall remain in force for a period of six months after either of the contracting governments shall have given notice of a purpose to terminate it.
In witness whereof, the respective Plenipotentiaries have signed the above articles, both in the English and the Norwegian languages, and have hereunto affixed their seals.
Done in duplicate, at the city of Washington this seventh day of June, one thousand eight hundred and ninety-three.
WALTER Q. GRESHAM (SEAL.]
« See p. 764.
The Duchy of Oldenburg became incorporated in the North German Union 1867. On March 10, 1847, it acceded to the treaty of commerce and navigation concluded with the Kingdom of Hanover June 10, 1846 (see page 428), and December 30, 1853, it acceded to the extradition treaty with Prussia and other Germanic States concluded June 16, 1852. (See page 648.)
ORANGE FREE STATE.
1871. CONVENTION OF FRIENDSHIP, COMMERCE, AND EXTRADITION.
Concluded December 22, 1871; ratification advised by the Senate April
24, 1872; ratified by the President April 27, 1872; ratifications exchanged August 18, 1873; proclaimed August 23, 1873. (Treaties and Conventions, 1889, p. 794.)
By notification from the Government of the Orange Free State this convention of fourteen articles was denounced January 4, 1895.
Concluded October 28, 1896; ratified by the Senate January 28, 1897;
ratified by the President February 21, 1899; ratifications exchanged April 20, 1899; proclaimed April 21, 1899. (Ú. S. Stats., vol. 31, p. 1813.)
quest of the Orange Free State and its incorporation into the British Empire.
TREATY OF COMMERCE AND NAVIGATION.
Concluded May 7, 1830; ratification advised and time for exchange of
ratifications extended by the Senate February 1, 1831; ratified by the President February 2, 1831; ratifications exchanged October 5, 1831; proclaimed February 4, 1832. (Treaties and Conventions, 1889, p. 798.)
(The text here printed nslation from the original treaty, which was in the Turkish language. Differences of opinion as to the true meaning of certain portions have been the subject of diplomatic correspondence without reaching an accord.)
ARTICLES. I. Trade privileges.
V. Use of United States flag. II. Consular officers.
VI. War vessels. III. Treatment of United States mer- VII. Navigation of the Black Sea. chants and vessels.
VIII. Ships not to be impressed. IV. Judicial treatment of United States IX. Shipwrecks. citizens.
The object of this firm Instrument, and the motive of this writing well drawn up, is that:
No Treaty or diplomatic and official convention, having heretofore, existed between the Sublime Porte of perpetual duration, and the United States of America; at this time, in consideration of the desire formerly expressed, and of repeated propositions which have, lately, been renewed by that Power, and in consequence of the wish entertained by the Sublime Porte to testify to the United States of America, its sentiments of friendship, We, the undersigned Commissioner, invested with the high Office of Chief of the Chancery of State of the Sublime Porte existing forever, having been permitted by His very Noble Imperial Majesty to negotiate and conclude a Treaty, and hav. ing thereupon conferred with our friend, the Honorable Charles Rhind, who has come to this Imperial Residence, furnished with full powers, to negotiate settle and conclude, the Articles of a Treaty, separately and jointly, with the other two Commissioners, Commodore Biddle and David Offey, now at Smyrna, Have arranged, agreed upon and concluded, the following articles:
Merchants of the Sublime Porte, whether Mussulmans or Rayahs, going and coming, in the countries, provinces and ports, of the United States of America, or proceeding from one port to another, or from
a Federal cases: Dainese v. Hale, 91 U. S., 13; 1 McArthur (D. C.), 86; Dainese v. United States, 15 Ct. Cl., 64.