ARTICLE IV.

Where the arrest and detention of a fugitive in the United States are desired on telegraphic or other information in advance of the presentation of formal proof, complaint on oath, as provided by the statutes of the United States, shall be made by an agent of the Government of Cuba before a judge or magistrate authorized to issue warrants of arrest in extradition cases.

When, under the provisions of this article, the arrest and detention of a fugitive are desired in the Republic of Cuba, 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 guilt has not been produced 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 under the stipulations of the 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 it is proved 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.

An attempt against the life of the head of a foreign government or against that of any member of his family when such attempt comprises the act either of murder, assassination, or poisoning, shall not be considered a political offense or an act connected with such an offense.

No person surrendered by either of the 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.

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ARTICLE VIII.

No person surrendered by either of the 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, unless the said person shall have been at liberty to leave the country for a month after having been tried, and in case of conviction, a month after having served sentence or being pardoned.

ARTICLE IX.

All articles found in the possession of the person to be surrendered, whether being proceeds of the crime or offense, 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 seized and surrendered with his person. 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 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, unless the government from which extradition is sought is bound by treaty to give preference to another.

If the said individual shall be indicted or convicted in the country from which extradition is sought, his extradition may be deferred until the proceedings are abandoned, the individual set at liberty or discharged or has served his sentence.

ARTICLE XI.

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 XII.

The present treaty shall take effect on the thirtieth day after the date of the exchange of ratifications.

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 Spanish languages, and hereunto affixed their seals.

Done in duplicate, at the City of Washington this sixth day of April, nineteen hundred and four.

JOHN HAY

[SEAL]

GONZALO DE QUESADA [SEAL]

1904.

PROTOCOL AMENDING SPANISH TEXT OF CUBAN EXTRADITION TREATY SIGNED APRIL 6, 1904.

Signed at Washington, December 6, 1904; ratification advised by the Senate, December 15, 1904; ratified by the President, January 24, 1905; ratifications exchanged at Washington, January 31, 1905; proclaimed, February 8, 1905.

PROTOCOL.

The undersigned, the Secretary of State of the United States of America and the Envoy Extraordinary and Minister Plenipotentiary of Cuba, being duly authorized, have agreed to modify the Spanish text of sections 1, 3, 5, 6, 7, 14 and 16 of the Article II of the Treaty of Extradition signed on the 6th of April, 1904, by substituting them by the following, in conformity with the amendments which were adopted by the Senate of the Republic of Cuba, with a view to making the said Spanish text correspond more closely with the English text, and to a more exact definition of the crimes and offenses therein specified, in the technical terms of the Cuban law.

ARTÍCULO II.

1. Homicidio, incluso los delitos designados en el Código Penal de Cuba con los nombres de asesinato, parricidio, infanticidio y envenenamiento, homicidio voluntario; el delito frustrado ó la tentativa de cual quiera de ellos.

3. Robo, entendiéndose por tal la sustracción de dinero, mercancias, documentos ú otra propiedad ajenos, empleando para ello fuerza, violencia ó intimidación; y el acto de asaltar la casa de otro de noche con escalamiento ó fractura y con la intención de cometer un delito; robo en casa habitada y robo en establecimiento comercial ó industrial.

5. La fabricación de moneda falsa, bien sea ésta metálica ó en papel, títulos ó cupones falsos de la Déuda Pública, billetes de Banco ú otros instrumentos de crédito público, de sellos, de timbres, cuños y marcas falsas de Administraciones, del Estado ó Públicas y la expendición, circulación ó uso fraudulento de cualquiera de los objetos mencionados. 6. Malversación de fondos públicos cometida por empleados públicos ó depositarios, defraudación realizada por personas á sueldo ó salario en perjuicio de aquel que lo tiene á su servicio, obtener dinero,

valores ú otros bienes muebles por maquinaciones ó artificios cuando estos delitos estén penados por las leyes de ambos paises y el valor de lo obtenido no sea menor de doscientos pesos en oro.

7. Fraude ó defraudación (ó el delito correspondiente definido en el Código Penal de Cuba como de fraudación), por un depositario, banquero, agente, factor ú otra persona que administre bienes ó que proceda por encargo de otra ó director ó miembro ó funcionario de una compañia, cuando las leyes de ambos paises declaren punible dicho acto y el valor de lo defraudado no sea menor de doscientos pesos.

14. Rapto, secuestro de menores ó adultos, entendiéndose por tal el hecho de apoderarse de una ó más personas, ó de detenerlas para exigir de ellas ó de sus familias dinero por su rescate, ó para cualquier otro fin ilícito.

16. Obtener por medio de amenzas de hacer daño, dinero, valores ú otra propiedad mueble.

The present Protocol shall be submitted for approval to the Senate of the United States of America.

Done at the City of Washington this 6th day of December, in the year 1904.

DENMARK.
1826.

CONVENTION OF FRIENDSHIP, COMMERCE AND NAVIGATION."_b

Concluded April 26, 1826; ratification advised by the Senate May 4, 1826; ratified by the President May 6, 1826; ratifications exchanged August 10, 1826; proclaimed October 14, 1826.

I. Most favored nation clause.
II. Freedom of trade.
III. Equality as to shipping.
IV. Import and export duties.
V. Sound and belts dues.

VI. Trade with Danish colonies.

ARTICES.

VII. Property rights.
VIII. Consular officers.

IX. Consular privileges.
X. Consular exemptions.
XI. Duration.

XII. Ratification.

The United States of America and His Majesty the King of Denmark, being desirous to make firm and permanent the peace and friendship which happily prevail between the two nations, and to extend the commercial relations which subsist between their respective territories and people, have agreed to fix, in a manner clear and positive, the rules which shall in future be observed between the one and the other party, by means of a general convention of friendship, commerce and navigation. With that object, the President of the United States of America has conferred full powers on Henry Clay, their Secretary of State; and His Majesty the King of Denmark has conferred like powers on Peter Pedersen, his Privy Counsellor of Legation and Minister Resident near the said States, Knight of the Dannebrog; who, after having exchanged their said full powers, found to be in due and proper form, have agreed to the following articles:

ARTICLE I.

The contracting parties, desiring to live in peace and harmony with all the other nations of the earth, by means of a policy frank and equally friendly with all, engage, mutually, not to grant any particular favor to other nations, in respect of commerce and navigation, which shall not immediately become common to the other party, who shall enjoy the same freely, if the concession were freely made, or on allowing the same compensation, if the concession were conditional.

This convention was abrogated by notice April 15, 1856, and renewed by the convention of April 11, 1857, except Article V. See Convention of July 11, 1861, p. 383.

Federal cases: Bartram v. Robertson (122 U. S., 116), Thingvalla Line v. U. S. (24 Ct. Cls., 255).