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of time: Provided the Government from which extradition is sought is not bound by treaty to give preference otherwise.

ARTICLE X.

The expense occasioned by the arrest, detention, and transportation of persons whose extradition is requested shall be borne by the Government making the application.

ARTICLE XI.

The present Convention shall be ratified and the ratifications shall be exchanged at St Petersburg as soon as possible.

It shall take effect on the twentieth day after its promulgation in the manner prescribed by the laws in force in the territories of the contracting parties. It shall remain in force for six months after notice of its termination shall have been given by either of the contracting parties.

In witness whereof, the respective Plenipotentiaries have signed the present convention and have thereunto affixed the seals of their

arms.

Done in duplicate, at the city of Washington, on the twenty-eighth day of March, one thousand eight hundred and eighty-seven. T. F. BAYARD [SEAL.] C STRUVE ROSEN

SEAL.

SEAL.]

1894.

AGREEMENT FOR A MODUS VIVENDI IN RELATION TO THE FUR-SEAL FISHERIES IN BEHRING SEA AND THE NORTH PACIFIC OCEAN.

Concluded May 4, 1894; ratification advised by the Senate May 9, 1894; proclaimed May 12, 1894. (U. S. Stats., Vol. 28, p. 1202.)

PARAGRAPHS.

1. Sealing by United States citizens pro- | 3. Trials.

hibited on Russian coasts.

2. Seizure of offending vessels.

4. Limit of catch on Russian islands. 5. Termination at will.

For the purpose of avoiding difficulties and disputes in regard to the taking of fur-seal in the waters of Behring Sea and the North Pacific Ocean, and to aid in the preservation of seal life, the Government of the United States and the Imperial Government of Russia have entered into the following temporary agreement, with the understanding that it is not to create a precedent for the future, and that the contracting parties mutually reserve entire liberty to make choice hereafter of such measures as may be deemed best adapted for the protection of the fur-seal species, whether by means of prohibitive zones, or by the complete prohibition of pelagic sealing, or by appropriate regulation of seal-hunting in the high seas.

1. The Government of the United States will prohibit citizens of the United States from hunting fur-seal within a zone of ten nautical miles along the Russian coasts of Behring Sea, and of the North Pacific 7468-35

Ocean, as well as within a zone of thirty nautical miles around the Komandorsky (Commander) Islands and Tulienew (Robben) Island, and will promptly use its best efforts to ensure the observance of this prohibition by citizens and vessels of the United States.

2. Vessels of the United States engaged in hunting fur-seal in the above-mentioned zones outside of the territorial waters of Russia may be seized and detained by the naval or other duly commissioned officers of Russia; but they shall be handed over as soon as practicable to the naval or other commissioned officers of the United States or to the nearest authorities thereof. In case of impediment or difficulty in so doing, the commander of the Russian cruiser may confine his action to seizing the ship's papers of the offending vessels in order to deliver them to a naval or other commissioned officer of the United States, or to communicate them to the nearest authorities of the United States as soon as possible.

3. The Government of the United States agrees to cause to be tried by the ordinary courts, with all due guarantees of defense, such vessels of the United States as may be seized, or the ship's papers of which may be taken, as herein prescribed, by reason of their engaging in the hunting of fur-seal within the prohibited zones outside of the territorial waters of Russia aforesaid.

4. The Imperial Russian Government will limit to 30,000 head the number of fur-seal to be taken during the year 1894, on the coasts of the Komandorsky (Commander) and Tulienew (Robben) Islands.

5. The present agreement shall have no retroactive force as regards the seizure of any seal-hunting vessel of the United States by the naval or other commissioned officers of Russia prior to the conclusion hereof.

6. The present agreement being intended to serve the purpose of a mere provisional expedient to meet existing circumstances, may be terminated at will by either party upon giving notice to the other.

In witness whereof, we, Walter Q. Gresham, Secretary of State of the United States, and Prince Gregoire Cantacuzene, Envoy Extraordinary and Minister Plenipoteniary of His Majesty the Emperor of all the Russias, have, on behalf of our respective Governments, signed and sealed this Agreement in duplicate, and in the English and French 4 May languages, in the City of Washington, this 22 April

1894.

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SALVADOR.

(FORMERLY SAN SALVADOR.)

1850.

CONVENTION OF AMITY, NAVIGATION, AND COMMERCE.

Concluded January 2, 1850; ratification advised by the Senate September 24, 1850; ratified by the President November 14, 1850; time for exchange of ratifications extended by the Senate September 27, 1850; ratifications exchanged June 2, 1852; exchange of ratifications consented to by the Senate April 4, 1853; proclaimed April 18, 1853. (Treaties and Conventions, 1889, p. 945.)

This treaty of thirty-six articles was superseded by the Treaty of December 6, 1870, page 550.

1870.

EXTRADITION CONVENTION.

Concluded May 23, 1870; ratification advised by the Senate December 9, 1870; ratified by the President December 16, 1870; time for exchange of ratifications extended by convention of May 12, 1873; ratifications exchanged March 2, 1874; proclaimed March 4, 1874. (Treaties and Conventions, 1889, p. 955.)

(The Government of Salvador has given notice that this convention will terminate in 1904.)

I. Surrender of accused.
II. Extraditable crimes.
III. Political offenses.
IV. Persons under trial.

ARTICLES.

V. Nondelivery of citizens.
VI. Procedure.

VII. Expenses.

VIII. Duration; ratification.

The United States of America and the Republic of Salvador, having judged it expedient, with a view to the better administration of justice, and to the prevention of crimes within their respective territories and jurisdiction, that persons convicted of or charged with the crimes hereinafter specified, and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up, have resolved to conclude a Convention for that purpose, and have appointed as their Plenipotentiaries: the President of the United Federal case: In re Ezeta, 62 Fed. Rep., 964.

States, Alfred T. A. Torbert, Minister Resident to Salvador: the President of the Republic of Salvador, Señor Doctor Don Gregorio Arbizú, Minister of Foreign Affairs, who after reciprocal communication of their full powers, found in good and due form, have agreed upon the following articles, to wit:

ARTICLE 1st.

The Government of the United States and the Government of Salvador, mutually agree to deliver up persons who, having been convicted of or charged with the crimes specified in the following article, committed within the jurisdiction of one of the Contracting Parties, shall seek an asylum or be found within the territories of the other: Provided, That this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his or her apprehension and commitment for trial if the crime had been there committed.

ARTICLE 2nd

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

1. Murder, comprehending the crimes designated in the Penal Codes of the Contracting Parties by the terms homicide, parricide, assassination, poisoning, and infanticide.

2o The attempt to commit murder.

3o The crimes of rape, arson, piracy, and mutiny on board a ship, whenever the crew, or part thereof, by fraud or violence against the Commander, have taken possession of the vessel.

4o The crime of burglary, defined to be the action of breaking and entering by night into the house of another with the intent to commit felony; and the crime of robbery, defined to be the action of feloniously and forcibly taking from the person of another goods or money, by violence, or putting him in fear.

5° The crime of forgery, by wich is understood the utterance of forged papers, the counterfeiting of public, sovereign, or government acts.

6o The fabrication or circulation of counterfeit money, either coin or paper, of public bonds, banknotes, and obligations, and in general of all things being titles on instruments of credit, the counterfeiting of seals, dies, stamps, and marks of state and public administration, and the utterance thereof.

7° The embezzlement of public moneys committed within the jurisdiction of either party, by public officers or depositors.

8° Embezzlement by any person or persons hired or salaried, to the detriment of their employers, when these crimes are subject to infamous punishment.

ARTICLE 3rd.

The provisions of this Treaty shall not apply to any crime or offence of a political character, and the person or persons delivered up for the crimes enumerated in the preceding article shall in no case be tried for any ordinary crime, committed previously to that for which his or their surrender is asked.

ARTICLE 4th

If the person whose surrender may be claimed, pursuant to the stipulations of the present Treaty, shall have been arrested for the commission of offences in the country where he has sought an asylum, shall have been convicted therefor, his extradition may be deferred until he shall have been acquitted, or have served the term of imprisonment to which he may have been sentenced.

ARTICLE 5th.

In no case and for no motive shall the High Contracting Parties be obliged to deliver up their own subjects. If in conformity with the laws in force in the State to which the accused belongs, he ought to be submitted to criminal procedure for crimes committed in the other State, the latter must communicate the information and documents, send the implements or tools which were employed to perpetrate the crime, and procure every other explanation or evidence necessary to prosecute the case.

ARTICLE 6th

Requisitions for the surrender of fugitives from justice shall be made by the respective diplomatic agents of the contracting parties, or in the event of the absence of these from the country, or its seat of Government, they may be made by Superior Consular Officers. If the person whose extradition may be asked for shall have been convicted of a crime, a copy of the sentence of the court in which he may have been convicted, authenticated under its seal, and an attestation of the official caracter of the Judge by the proper executive authority, and of the latter by the Minister or Consul of the United States or of Salvador, respectively, shall accompany the requisition. When however, the fugitive shall have been merely charged with crime, a dulyauthenticated copy of the warrant for his arrest in the country where the crime may have been committed, or the depositions upon which such warrant may have been issued, must accompany the requisition aforesaid. The President of the United States, or the President of Salvador, may then issue a warrant for the apprehention of the fugitive, in order that he may be brought before the proper judicial authority for examination. If it should then be decided that, according to law and the evidence, the extradition is due pursuant to the Treaty, the fugitive may be given up according to the forms prescribed in such cases.

ARTICLE 7th

The expenses of the arrest, detention, and transportation of the persons claimed, shall be paid by the Government in whose name the requisition shall have been made.

ARTICLE 8th.

This Convention shall continue in force during (10) ten years from the day of exchange of ratifications, but if neither Party shall have given to the other (6) six months previous notice of its intention to terminate the same, the Convention shall remain in force ten years longer, and so on.

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