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Extradition shall be granted for the following crimes and offenses:
1. Vurder, comprehending assassination, parricide, infanticide, and poisoning; attempt to commit murder; manslaughter, when voluntary.
3. Robbery, defined to be the act of feloniously and forcibly taking from the person of another, money or goods, by violence or putting him in fear; burglary.
4. Forgery, or the utterance of forged papers; the forgery or falsification of official acts of government, of public authorities, or of courts of justice, or the utterance of the thing forged or falsified.
5. The counterfeiting, falsifying or altering of money, whether coin or paper, or of instruments of debt created by national, state, provincial, or municipal governments, or of coupons thereof, or of bank notes, or the utterance or circulation of the same; or the counterfeiting, falsifying or altering of seals of state.
6. Embezzlement by public officers; embezzlement by persons hired or salaried, to the detriment of their employers; larceny, provided that the value of the property or the amount of money so embezzled or stolen is not less than $200 or 420 soles.
7. Fraud or breach of trust by a bailee, banker, agent, factor, trustee, or other person acting in a fiduciary capacity, or director or member or officer of any company, when such act is made criminal by the laws of both countries and the amount of money or the property misappropriated is not less than $200 or 420 soles in value.
8. Perjury; subornation of perjury. 9. Rape; abduction; kidnapping; bigamy. 10. Willful and unlawful destruction or obstruction of railroads which endangers human life.
11. Crimes committed at sea:
(b) Revolt, or conspiracy to revolt, by two or more persons on board a ship on the high seas against the authority of the master.
(C) Wrongfully sinking or destroying a vessel at sea, or attempting to do so.
(d) Assaults on board a ship on the high seas with intent to do grevious bodily harm.
12. Crimes and offenses against the laws of both countries for the suppression of slavery and slave trading.
Extradition is also to take place for participation, as accessories, accomplices or otherwise, in any of the crimes and offenses mentioned in this Treaty; provided, however, that extradition shall not be granted for any crime or offense hereinbefore enumerated or for participation therein unless such crime or offense, or such participation may be punished, in the United States as a felony, and in Peru by imprisonment for one year.
ARTICLE III. Requisitions for the surrender of fugitives from justice shall be made by the diplomatic agents of the contracting parties, or in the absence of these from the country or its seat of government, may be made by the superior consular officers; or, in the absence of both diplomatic and consular representatives from the country or its seat of government, may be made directly by the Government thus unrepresented upon the other.
If the person whose extradition is requested shall have been convicted of a crime or offense, a duly authenticated copy of the sentence of the court in which he was convicted, or if the fugitive is merely charged with crime, a duly authenticated copy of the warrant of arrest in the country where the crime has been committed, and of the depositions or other evidence upon which such warrant was issued, shall be produced.
The extradition of fugitives under the provisions of this Treaty shall be carried out in the United States and in Peru, 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.
ARTICLE IV. In cases not admitting of delay, and especially in those where there is danger of escape, each of the two Governments may, by the most expeditious means, ask and obtain the arrest and provisional detention of the fugitive on condition of presenting a formal requisition, accompanied by the necessary evidence of his criminality under the stipulations of this Treaty within two months from the date of his provisional arrest or detention.
ARTICLE V. 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 gorernment 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.
ARTICLE VIII. If the person claimed is accused or sentenced in the country where be may have taken refuge for a crime or misdemeanor committed in that country, his delivery may be delayed until the definitive sentence releasing him be pronounced, or until such time as he may have complied with the punishment inflicted on him in the country wherein he took refuge.
ARTICLE IX. No person surrendered by either of the high contracting parties to the other shall, without the consent of the government which surrendered him, be triable or tried or be punished for any crime or offense comunitted 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 X. 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 crime or offense, shall, so far as practicable and in conformity with the laws of the respective countries, be given up when the extradition takes place. Nevertheless, the rights of third parties with regard to such articles shall be duly respected.
ARTICLE XI. 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.
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 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.
ARTICLE XIII. The present Treaty shall take effect on the thirtieth day after the date of the exchange of ratifications, and shall not operate retroactively.
The ratifications of the present Treaty shall be exchanged at Lima 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 Spanish languages, and have hereunto affixed their seals.
Done in duplicate, at the city of Lima this twenty eighth day of November in the year of our Lord one thousand eight hundred and ninety nine.
M. M. GÁLVEZ
CONVENTION OF PEACE, FRIENDSHIP, COMMERCE, AND NAVIGATION. Concluded November 30, 1836; ratification advised by the Senate Octo
ber 10, 1837; ratified by the President October 14, 1837; ratifications exchanged May 28, 1838; proclaimed October 3, 1838. (Treaties and Conventions, 1889, p. 840.)
This convention terminated by the dissolution of the Peru-Bolivia Confederation in 1839.
1840. TREATY OF COMMERCE AND NAVIGATION." Concluded August 26, 1840; ratification advised by the Senate Febru
ary 3, 1841; ratified by the President April 23, 1841; ratifications exchanged April 23, 1841; proclaimed April 24, 1841. (Treaties and Conventions, 1889, p. 891.)
This general treaty of fourteen articles was terminated by notice of the Portuguese Government January 31, 1892.
Concluded February 26, 1851; ratification advised by the Senate
March 7, 1851; ratified by the President March 10, 1851; ratifications exchanger June 23, 1851; proclaimed September 1, 1851. (Treaties and Conventions, 1889, p. 896.)
By this convention Portugal agreed to pay the United States $91,727 in full for all claims of American citizens against Portugal, except the claim of the brig General Armstrong, which was referred to an arbitrator. Louis Napoleon, President of France, was appointed arbitrator of the General Armstrong claim, and November 30, 1852, decided that no indemnity was due from Portugal to the United States on account of the claim.
1900. RECIPROCAL COMMERCIAL ARRANGEMENT WITH PORTUGAL. Signed May 22, 1899; proclaimed June 12, 1900. (U. S. Stats., vol. 31,
p. 1913, 1974.)
Concessions by United States. III. Termination.
| IV. Ratification. The President of the l'nited States of America and His Most Faithful Majesty the King of Portugal and of the Algarves, equally animated by the desire to confirm the good understanding existing between a Federal case: Oldfield v. Marriott, 10 How., 146.