ARTICLE VI. If a fugitive criminal whose surrender may be claimed pursuant to the stipulations hereof, be actually under prosecution, out on bail or in custody, for a crime or offense committed in the country where he has sought asylum, or shall have been convicted thereof, his extradition may be deferred until such proceedings be determined, and until he shall have been set at liberty in due course of law. ARTICLE VII. If a fugitive criminal claimed by one of the parties hereto shall be also claimed by one or more powers pursuant to treaty provisions, on account of crimes committed within their jurisdiction, such criminal shall be delivered to that state whose demand is first received. ARTICLE VIII. Under the stipulations of this Convention, neither of the Contracting Parties shall be bound to deliver up its own citizens. ARTICLE IX. The expense of the arrest, detention, examination, and transportation of the accused shall be paid by the Government which has preferred the demand for extradition. ARTICLE X. Everything found in the possession of the fugitive criminal at the time of his arrest, whether being the proceeds of the crime or offense, or which may be material as evidence in making proof of the crime, shall, so far as practicable, according to the laws of either of the Contracting Parties, be delivered up with his person at the time of the surrender. Nevertheless, the rights of a third party with regard to the articles aforesaid shall be duly respected. ARTICLE XI. The stipulations of this Convention shall be applicable to all territory wherever situated, belonging to either of the Contracting Parties or in the occupancy and under the control of either of them, during such occupancy or control. Requisitions for the surrender of fugitives from justice shall be made by the respective diplomatic agents of the Contracting Parties. In the event of the absence of such agents from the country or its seat of government, or where extradition is sought from territory included in the preceding paragraph other than the United States, requisition may be made by superior consular officers. It shall be competent for such diplomatic or superior consular officers to ask and obtain a mandate or preliminary warrant of arrest for the person whose surrender is sought, whereupon the judges and magistrates of the two Governments shall respectively have power and authority, upon complaint made under oath, to issue a warrant for the apprehension of the person charged, in order that he or she may be brought before such judge or magistrate, that the evidence of criminality may be heard and considered; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper executive authority, that a warrant may be issued for the surrender of the fugitive. If the fugitive criminal shall have been convicted of the crime for which his surrender is asked, a copy of the sentence of the court before which such conviction took place, duly authenticated, shall be produced. If, however, the fugitive is merely charged with crime, a duly authenticated copy of the warrant of arrest in the country where the crime was committed, and of the depositions upon which such warrant may have been issued, shall be produced, with such other evidence or proof as may be deemed competent in the case. ARTICLE XII. If when a person accused shall have been arrested in virtue of the mandate or preliminary warrant of arrest, issued by the competent authority as provided in Article XI hereof, and been brought before a judge or a magistrate to the end that the evidence of his or her guilt may be heard and examined as herein before provided, it shall appear that the mandate or preliminary warrant of arrest has been issued in pursuance of a request or declaration received by telegraph from the Government asking for the extradition, it shall be competent for the judge or magistrate at his discretion to hold the accused for a period not exceeding two months, so that the demanding Government may have opportunity to lay before such judge or magistrate legal evidence of the guilt of the accused, and if at the expiration of said period of two months such legal evidence shall not have been produced before such judge or magistrate, the person arrested shall be released, provided that the examination of the charges preferred against such accused person shall not be actually going on. ARTICLE XIII. In every case of a request made by either of the two Contracting Parties for the arrest, detention, or extradition of fugitive criminals, the legal officers or fiscal ministry 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 or its power; and no claim whatever for compensation for any of the services so rendered shall be made against the Government demanding the extradition, provided, however, that any officer or officers of the surrendering Government so 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 XIV. This Convention shall take effect from the day of the exchange of the ratifications thereof; but either Contracting Party may at any time terminate the same on giving to the other six months' notice of its intention to do so. The ratifications of the present Convention shall be exchanged at Washington as soon as possible. In witness whereof the respective Plenipotentiaries have signed the above articles, and have hereunto affixed their seals. Done in duplicate, at the city of Washington, this 15th day of January, one thousand nine hundred and nine. ELIHU ROOT [SEAL.] LUIS LAZO A. [SEAL.] 1913. TREATY FOR THE ADVANCEMENT OF PEACE. Signed at Washington November 3, 1913; ratification advised by the Senate, with amendments, August 13, 1914; ratified by the President July 20, 1916; ratified by Honduras May 29, 1916; ratifications exchanged at Washington July 27, 1916; proclaimed July 28, 1916. (Treaty Series, No. 625; 39 Statutes at Large, 1672.) ARTICLES. I. All disputes not adjusted by diplo- III. Reference to and initiative of commacy to be reported upon by mission; time and effect of recommission before resort to hosport. tilities. II. Composition, expenses, appointment of commission. IV. Ratification; duration. The United States of America and the Republic of Honduras, being desirous to strengthen the bonds of amity that bind them together and also to advance the cause of general peace, have resolved to enter into a treaty for that purpose and to that end have appointed as their plenipotentiaries: The President of the United States, the Honorable William Jennings Bryan, Secretary of State; and The President of Honduras, Señor Doctor don Alberto Membreño, Envoy Extraordinary and Minister Plenipotentiary of Honduras to the United States; Who, after having communicated to each other their respective full powers, found to be in proper form, have agreed upon the following articles: ARTICLE I. The high contracting parties agree that all disputes between them, of every nature whatsoever, which diplomacy shall fail to adjust, shall be submitted for investigation and report to an Inter national Commission, to be constituted in the manner prescribed in the next succeeding Article; and they agree not to declare war or begin hostilities during such investigation and report. ARTICLE II. The International Commission shall be composed of five members, to be appointed as follows: One member shall be chosen from each country, by the Government thereof; one member shall be chosen by each Government from some third country; the fifth member shall be chosen by common agreement between the two Governments. The expenses of the Commission shall be paid by the two Governments in equal proportion. The International Commission shall be appointed within four months after the exchange of the ratifications of this treaty; and vacancies shall be filled according to the manner of the original appointment. ARTICLE III. In case the high contracting parties shall have failed to adjust a dispute by diplomatic methods, they shall at once refer it to the International Commission for investigation and report. The International Commission may, however, act upon its own initiative, and in such case it shall notify both Governments and request their cooperation in the investigation. The report of the International Commission shall be completed within one year after the date on which it shall declare its investigation to have begun, unless the high contracting parties shall extend the time by mutual agreement. The report shall be prepared in triplicate; one copy shall be presented to each Government, and the third retained by the Commission for its files. The high contracting parties reserve the right to act independently on the subject-matter of the dispute after the report of the Commission shall have been submitted. ARTICLE IV. The present treaty 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 the Congress of the Republic of Honduras; and the ratifications shall be exchanged as soon as possible. It shall take effect immediately after the exchange of ratifications, and shall continue in force for a period of five years; and it shall thereafter remain in force until twelve months after one of the high contracting parties have given notice to the other of an intention to terminate it. In witness whereof the respective plenipotentiaries have signed the present treaty and have affixed thereunto their seals. Done in Washington on the third day of November, in the year of our Lord nineteen hundred and thirteen. WILLIAM JENNINGS BRYAN [SEAL.] [SEAL.] HUNGARY. 1912. COPYRIGHT CONVENTION. Signed at Budapest Janaury 30, 1912; ratification advised by the Senate July 23, 1912; ratified by the President July 31, 1912; ratified by Hungary August 12, 1912; ratifications exchanged September 16, 1912; proclaimed October 15, 1912. (Treaty Series, No. 571; 37 Statutes at Large, 1631.) ARTICLES. 1. Reciprocal protection. 2. Conditions and formalities to be observed. 3. Term of copyright protection. THE PRESIDENT OF THE UNITED STATES OF AMERICA, AND HIS MAJESTY THE EMPERIOR OF AUSTRIA, KING OF BOHEMIA ETC. AND APOSTOLIC KING OF HUNGARY, Desiring to provide, between the United States of America and Hungary, for a reciprocal legal protection in regard to copyright of the citizens and subjects of the two Countries, have, to this end, decided to conclude a Convention, and have appointed as their Plenipotentiaries: The President of the United States of America: RICHARD C. KERENS, Ambassador Extraordinary and Plenipotentiary of the United States of America to His Imperial and Royal Apostolic Majesty; and His Majesty the Emperor of Austria, King of Bohemia etc. and Apostolic King of Hungary: Count PAUL ESTERHÁZY, baron of GALÁNTHA, viscount of FRAKNÓ, Privy Councillor and Chamberlain, Chief of section in the Ministry of the Imperial and Royal House and of Foreign Affairs, and Dr. GUSTAVUS de TÖRY, Secretary of State in the Royal Hungarian Ministry of Justice; Who, having communicated to each other their full powers, found to be in good and due form, have agreed as follows: ARTICLE 1. Authors who are citizens or subjects of one of the two countries or their assigns shall enjoy in the other country, for their literary, artistic, dramatic, musical and photographic works (whether unpublished or published in one of the two countries) the same rights which the respective laws do now or may hereafter grant to natives. The above provision includes the copyright control of mechanical musical reproductions. |