DECREE OF THE PRESIDENT OF THE REPUBLIC OF HAITI MAKING EFFECTIVE THE REFUNDING PROVISIONS OF THE PROTOCOL OF OCTOBER 3, 1919.

LOUIS BORNO,

President of the Republic.

Considering article 55 of the Constitution;

Considering the treaty of September 16, 1915, concluded between Haiti and the United States of America, and the additional act of March 28, 1917;

Considering that in order to fulfill the desired purposes of the treaty concluded between Haiti and the United States on September 16, 1915, a protocol was concluded between the two Governments on October 3, 1919;

Considering that in an exchange of notes between the two Governments certain modifications of the protocol were accepted and confirmed in the notes of the 1st and 3d of June, 1922;

Considering that it is urgent that proper measures be taken to establish the finances upon a firm basis; that it is important to take advantage of the present rate of exchange in order to redeem the exterior debt; that it is just and equitable to ameliorate promptly the situation of the bondholders of the interior debt to determine the amount of the floating debt and of the various claims and to provide for their settlement, either by redeeming it or by guaranteeing the service of amortization and interest;

Considering that in order to arrive at a revision of the customs. tariff and to diminish the taxes actually borne by the mass of the people it is necessary to release the public revenues from the pledges now existing;

Considering, furthermore, that it is absolutely necessary by rational means to assure the augmentation of national production, consequently, to execute all works of public roads and of irrigation of the plains, apt to attain that end; also, that it is advisable to organize a proper surveillance of rural districts, the education and instruction of the rural population, and to provide for the construction of schoolhouses.

On the reports of the secretaries of state of foreign relations, of finance and of commerce, of public works, of public instruction, and of agriculture,

And, on the advice of the Council of the Secretaries of State,

HAS PROPOSED

And the Council of State has voted the following law:

ARTICLE I.

The Government of the Republic is authorized to contract, to the best interests of the country, a loan of $40,000,000, American gold.

The said loan will be issued in series; the first will be for about $16,000,000, and the others will be issued as the needs of the public service may require.

The terms, amounts, rates of interest, sinking funds, and the redemption of the bonds will be fixed by the Haitian Government in accord with the financial adviser.

In accordance with article 29 of the Constitution and in the interest of the contracting parties, the loan contract once concluded and signed will be submitted to the Council of State with a view to legislative sanction.

ARTICLE II.

The stipulations of the protocol of October 3, 1919, signed between the Haitian Government and the Government of the United States of America, are and remain confirmed with the following modifications:

(a) The term of two years provided for in article 6 is and remains extended: Provided, however, That the loan be contracted in a reasonable time.

(b) Paragraph 4 of article 3 of the protocol is dispensed with, the sum due having already been paid.

(c) The consolidated interior debt, already liquidated, represented by the bonds issued in 1912, 1913, and 1914, A, B, C, will not be submitted to the claims commission; the Haitian Government reserves to itself the right of continuing the service or of redeeming the bonds.

(d) The proceeds of the bonds as well as the bonds themselves may be used for the payment of obligations mentioned in articles 3 and 7 of the protocol of October 3, 1919; the reservation of bonds for the two-year period for the conversion referred to in the said article 7. is applicable only to such of the bonds as are allocated for the purpose of conversion and does not preclude the immediate use of the bonds or of the proceeds of the bonds not destined to other uses as indicated in the above mentioned protocol.

The provisions of the said protocol do not amplify, either actually or implicitly, the provisions of the treaty of September 16, 1915, hereabove mentioned.

ARTICLE III.

The execution of the present law will be in charge of the secretaries of state for foreign relations, for finance and commerce, for public works and interior, for public instruction, for agriculture, each in that which concerns him.

Given at the Legislative Palace at Port au Prince, June 26, 1922, in the one hundred and eighteenth year of independence.

J. M. GRANDOIT,

The President.

DELABARRE PIERRE-LOUIS,
CHARLES FOMBRUN,

The Secretaries.

HONDURAS.

1909.

EXTRADITION CONVENTION.

Signed at Washington January 15, 1909; ratification advised by the Senate January 20, 1909; ratified by the President March 1, 1909; ratified by Honduras May 20, 1912; ratifications exchanged at Washington July 10, 1912; proclaimed July 10, 1912.

(Treaty Series, No. 589; 37 Statutes at Large, 1616.)

The United States of America and the Republic of Honduras, being desirous to confirm their friendly relations and to promote the cause of justice, have resolved to conclude a treaty for the extradition of fugitives from justice between the United States of America and the Republic of Honduras, and have appointed for that purpose the following Plenipotentiaries:

The President of the United States of America, Elihu Root, Secretary of State of the United States; and

The President of the Republic of Honduras, Doctor Luis Lazo A., Envoy Extraordinary and Minister Plenipotentiary of Honduras to the United States;

Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following articles:

ARTICLE I.

It is agreed that the Government of the United States and the Government of Honduras shall, upon mutual requisition duly made as herein provided, deliver up to justice any person who may be charged with or may have been convicted of any of the crimes specified in Article II of this Convention committed within the jurisdiction of one of the Contracting Parties while said person was actually within such jurisdiction when the crime was committed, and who shall seek an asylum or shall be found within the territories of the other, provided that such surrender shall take place only upon such

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evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial if the crime or offense had been there committed.

ARTICLE II.

Persons shall be delivered up according to the provisions of this Convention, who shall have been charged with or convicted of any of the following crimes:

1. Murder, comprehending the crimes designated by the terms of parricide, assassination, manslaughter, when voluntary; poisoning or infanticide.

2. The attempt to commit murder.

3. Rape, abortion, carnal knowledge of children under the age of twelve years.

4. Bigamy.

5. Arson.

6. Willful and unlawful destruction or obstruction of railroads, which endangers human life.

7. Crimes committed at sea:

(a) Piracy, as commonly known and defined by the law of nations, or by statute;

(b) Wrongfully sinking or destroying a vessel at sea or attempting to do so;

(c) Mutiny or conspiracy by two or more members of the crew or other persons on board of a vessel on the high seas, for the purpose of rebelling against the authority of the captain or commander of such vessel, or by fraud or violence taking possession of such vessel; (d) Assault on board ships upon the high seas with intent to do bodily harm.

8. Burglary, defined to be the act of breaking into and entering the house of another in the nighttime with intent to commit a felony therein.

9. The act of breaking into and entering into the offices of the Government and public authorities, or the offices of banks, banking houses, saving banks, trust companies, insurance companies, or other buildings not dwellings with intent to commit a felony therein.

10. Robbery, defined to be the act of feloniously and forcibly taking from the person of another, goods or money by violence or by putting him in fear.

11. Forgery or the utterance of forged papers.

12. The forgery or falsification of the official acts of the Government or public authority, including courts of justice, or the uttering or fraudulent use of the same.

13. The fabrication of counterfeit money, whether coin or paper, counterfeit titles or coupons of public debt, created by national, state, provincial, territorial, local, or municipal governments, banknotes or other instruments of public credit, counterfeit seals, stamps, dies, and marks of state or public administrations, and the utterance, circulation, or fraudulent use of the above mentioned objects.

14. Embezzlement or criminal malversation committed within the jurisdiction of one or the other party by public officers or depositaries, where the amount embezzled exceeds two hundred dollars (or Honduran equivalent).

15. Embezzlement by any person or persons hired, salaried, or employed, to the detriment of their employers or principals, when the crime or offense is punishable by imprisonment or other corporal punishment by the laws of both countries, and where the amount embezzled exceeds two hundred dollars (or Honduran equivalent). 16. Kidnapping of minors or adults, defined to be the abduction or detention of a person or persons, in order to exact money from them or their families, or for any other unlawful end.

17. Larceny, defined to be the theft of effects, personal property, or money, of the value of twenty-five dollars or more.

18. Obtaining money, valuable securities or other property by false pretenses or receiving any money, valuable securities or other property knowing the same to have been unlawfully obtained, where the amount of money or the value of the property so obtained or received exceeds two hundred dollars (or Honduran equivalent). 19. Perjury or subornation of perjury.

20. Fraud or breach of trust by a bailee, banker, agent, factor, trustee, executor, administrator, guardian, director, or officer of any company or corporation, or by any one in any fiduciary position, where the amount of money or the value of the property misappropriated exceeds two hundred dollars (or Honduran equivalent). 21. The extradition is also to take place for participation in any of the aforesaid crimes as an accessory before or after the fact, provided such participation be punishable by imprisonment by the laws of both Contracting Parties.

ARTICLE III.

The provisions of this Convention shall not import claim of extradition for any crime or offense of a political character, nor for acts connected with such crimes or offenses; and no person surrendered by or to either of the Contracting Parties in virtue of this Convention shall be tried or punished for a political crime or offense. When the offense charged comprises the act either of murder or assassination or of poisoning, either consummated or attempted, the fact that the offense was committed or attempted against the life of the sovereign or head of a foreign state or against the life of any members of his family, shall not be deemed sufficient to sustain that such a crime or offense was of a political character, or was an act connected with crimes or offenses of a political character.

ARTICLE IV.

No person shall be tried for any crime or offense other than that for which he was surrendered.

ARTICLE V.

A fugitive criminal shall not be surrendered under the provisions hereof, when, from lapse of time or other lawful cause, according to the laws of the place within the jurisdiction of which the crime was committed, the criminal is exempt from prosecution or punishment for the offense for which the surrender is asked.