act charged, and in so far as it may be possible, individual marks to establish the identity of the person demanded. The extradition of fugitives under the stipulations of this treaty shall be made in accordance with the extradition laws of the state to which the application is made. In no case shall the extradition take place if a similar act is not punishable by the laws of the nation requested. ARTICLE IX The provisional arrest of a fugitive shall be effected upon exhibition of a warrant of arrest issued by a court having competent jurisdiction and presented through diplomatic channels. Provisional arrest shall also be effected upon advice, transmitted by the most rapid transit, and even by telegraph, of the existence of a warrant of arrest; on condition, however, that said advice shall be regularly communicated, through diplomatic channels, to the Minister of Foreign Affairs of the State wherein the delinquent shall have sought asylum. The provisional detention shall cease if, within the term of three months, to be computed from the date of the arrest, the application for extradition shall not have been perfected in accordance with the provisions of Article VIII. ARTICLE X The high contracting parties shall not be obliged to surrender their own citizens. ARTICLE XI Whenever the United States of Venezuela shall be requested to surrender a fugitive, the extradition shall not be granted except upon assurance, made through diplomatic channels, that capital punishment shall not be inflicted upon the prosecuted or condemned party if such punishment be or should have been the penalty imposed on said party in the Republic of Cuba for the offence for which the extradition is granted. ARTICLE XII The extradited party shall not be prosecuted or punished in the state which claims him, for any crime or offence committed previous to his extradition, unless it is the one mentioned in the request, nor surrendered to another nation, unless he has, in both cases, been at liberty to leave said state during one month after having been tried, and in case of conviction, after having served out his sentence or having been pardoned. In all these cases, the extradited person must be warned against the consequences to which his continuance within the territory of the nation would expose him. ARTICLE XIII All the objects which may constitute the corpus delicti, whether being the proceeds of the crime or offence or having served for its commission, as well as any other material evidence in making proof of the crime or offence which shall have been found in the possession of the fugitive, shall, after a decision of the proper authority, be delivered to the claimant state, in so far as it may be practicable and in consonance with the laws of the respective nations. The rights of third parties in respect to such objects, shall be, however, duly respected. ARTICLE XIV If the extradition of one and the same person is demanded at the same time by several states, preference shall be given to the state whose demand shall have been received first, unless the country upon which the demand is made shall be obliged by a previous treaty, to give such preference in a different manner. ARTICLE XV If one of the two governments shall not have disposed of the person claimed within a period of four months, to be reckoned from the date in which said person was placed at its disposal, the prisoner shall be discharged, and shall not be liable to a new arrest for the same cause. ARTICLE XVI Consuls General, Consuls, Vice-Consuls and Consular Agents of one of the states shall be empowered to demand that the officers, sailors or any other persons who shall compose the crews of the war or merchant vessels of their respective nations, be arrested and sent on board of said vessels to their country, whenever they shall be informed against or accused of having deserted the same. For that purpose they shall address themselves in writing to the proper local authorities of the state in which the demand is made, and shall prove by the exhibition of the ship's register or the roll of the ship's crew or other official documents that the persons demanded belong to such crew. If the demand is thus justified, unless it is proved in due form that they are citizens of the state to which the request is made and were such at the time of their enrollment, their surrender shall not be refused. They shall be given all assistance in the search, capture and arrest of the deserters, who shall also be committed to the prisons of the nation. upon request and at the expense of the consuls until opportunity is afforded to take them out. But if this opportunity should not occur within the term of one month, to be computed from the day on which the arrest was made, the deserters shall be discharged, without being again liable to arrest for the same cause. If the deserter has committed some offence and a court having competent jurisdiction claims him for commitment and trial, his surrender shall be postponed until the sentence has been passed and executed. ARTICLE XVII Whenever in the course of a non-political cause it should be judged necessary to take the depositions of persons found in one of the two countries, or to carry out some other act, or proceedings, letters rogatory shall be sent to that effect through diplomatic channels, and complied with by the proper officers in accordance with the laws of the country requested. The two governments renounce any claim for the reimbursement of the expenses caused by the execution of the rogatory commissions, provided they do not require reports or any other work by experts. ARTICLE XVIII The expenses occasioned by the arrest, commitment, examination and surrender of the fugitives, in virtue of this treaty, shall be borne by the state in whose behalf the extradition is requested. The person who is to be surrendered shall be taken to such port of the requested state as shall be designated by the government making the request or its diplomatic agent, at whose expense he shall be embarked. ARTICLE XIX The present treaty shall remain in force during the term of three years, which shall commence to run two months after the exchange of the ratifications hereof, and shall have no retroactive effect. If a year before the expiration of that period neither of the high contracting parties shall have announced to the other, by an official notification, its intention to terminate the same, the treaty shall continue in force for one year more, and so on, from year to year, until the expiration of a year beginning on the day on which one of the high contracting parties shall have denounced it. ARTICLE XX This treaty shall be ratified in accordance with the laws of each of the contracting states, and its ratifications shall be exchanged in this same city as soon as possible. In testimony whereof the respective plenipotentiaries have signed the preceding articles and hereunto affixed their seals. Done in duplicate in the City of Havana, on the fourteenth day of July, one thousand nine hundred and ten. MANUEL SANGUILY (Seal) JOINT NOTE OF THE FRENCH AMBASSADOR AND THE ITALIAN MINISTER OF FOREIGN AFFAIRS, CONCERNING THE SETTLEMENT OF THE QUESTIONS ARISING OUT OF THE ARREST OF THE FRENCH STEAMERS CARTHAGE" AND "MANOUBA' " 1 January 26, 1912 The Ambassador of France and the Minister of Foreign Affairs of Italy, having investigated in the most friendly spirit the circumstances which preceded and followed the arrest and search by an Italian cruiser of two French steamers proceeding from Marseilles to Tunis, are happy to report, in thorough accord and before every other consideration, that in neither of the two countries has there arisen as a result of these incidents any feeling contrary to the sentiments of sincere and constant friendship which unite them. This report has led the two governments without difficulty to decide: 1. That the questions arising from the capture and temporary arrest 1 Translated from Le Memorial Diplomatique, January 28, 1912, p. 57. of the steamer "Carthage" shall be referred to the Court of Arbitration at The Hague for examination, under the Franco-Italian arbitration convention of December 23, 1903, renewed December 24, 1908. 2. That in the matter of the seizure of the "Manouba" and of the Ottoman passengers who were on board, as this action, according to the Italian Government, was taken by virtue of the rights which it declares it possesses according to the general principles of international law and Article 47 of the Declaration of London of 1909, the circumstances under which this action was taken and the consequences thereof shall likewise be submitted to the High International Court established at The Hague for examination; that, in order to restore the statu quo ante, in so far as concerns the Ottoman passengers who were seized, the latter shall be delivered to the French consul at Cagliari, who shall see that they are taken back to the place from which they sailed, upon the responsibility of the French Government, which government shall take the necessary measures to prevent Ottoman passengers not belonging to the "Red Crescent" but to fighting forces, from sailing from a French port to Tunis or to the scene of military operations. AGREEMENT BETWEEN THE UNITED KINGDOM AND LIBERIA RESPECTING 1 THE NAVIGATION OF THE MANOH RIVER Signed at Monrovia, April 10, 1913 The Government of His Britannic Majesty and the Government of Liberia, being desirous of concluding an agreement with respect to the navigation of the Manoh River, the undersigned, duly authorized to that effect, have agreed as follows: All vessels from Liberian ports of entry intending to proceed to Liberian ports of entry on the River Manoh, on arriving at Manoh Salija, shall enter and make due report inwards there to the collector of customs of all cargo laden on board in such manner as is required by the Sierra Leone customs authorities, and as is herein provided; and all such vessels shall produce transires in duplicate, signed and certified 1 1 Treaty Series, Great Britain, 1913, No. 6. |