ARTICLE III The provisions of the present Treaty shall not import a 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 High Contracting Parties in virtue of this Treaty 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 member of his family, shall not be deemed sufficient to sustain that such 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. 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 Treaty, neither of the High Contracting Parties shall be bound to deliver up its own citizens. ARTICLE IX The expense of 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 High Contracting Parties, be delivered up with his person at the time of surrender. Nevertheless, the rights of a third party with regard to the articles referred to, shall be duly respected. ARTICLE XI The stipulations of the present Treaty shall be applicable to all territory wherever situated, belonging to either of the High 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 High Contracting Parties. In the event of the absence of such agent from the country or its seat of Government, or where extradition is sought from territory included in the preceding paragraphs, other than the United States or Bulgaria, requisitions 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 it to the proper executive authority, that a warrant may issue for the surrender of the fugitive. In case of urgency, the application for arrest and detention may be addressed directly to the competent magistrate in conformity to the statutes in force. The person provisionally arrested shall be released, unless within three months from the date of arrest in Bulgaria, or from the date of commitment in the United States, the formal requisition for surrender with the documentary proofs hereinafter prescribed be made as aforesaid by the diplomatic agent of the demanding Government or, in his absence, by a consular officer thereof. 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 In every case of a request made by either of the High Contracting Parties for the arrest, detention or extradition of fugitive criminals, the appropriate legal officers 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 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 XIII The present Treaty shall be ratified by the High Contracting Parties in accordance with their respective constitutional methods and shall take effect on the date of the exchange of ratifications which shall take place at Sophia, as soon as possible. ARTICLE XIV The present Treaty shall remain in force for a period of ten years, and in case neither of the High Contracting Parties shall have given notice one year before the expiration of that period of its intention to terminate the Treaty, it shall continue in force until the expiration of one year from the date on which such notice of termination shall be given by either of the High Contracting Parties. In witness whereof the above-named Plenipotentiaries have signed the present Treaty and have hereunto affixed their seals. Done in duplicate at Sophia this nineteenth day of March nineteen hundred and twenty-four. CANADA RATIFICATION OF THE FISHERIES CONVENTION SIGNED ON MARCH 2, 1923, BETWEEN THE UNITED STATES AND GREAT BRITAIN' 711.428/778 The Under Secretary of State (Phillips) to the Canadian Deputy Minister of Marine and Fisheries (Johnston) WASHINGTON, January 10, 1924. MY DEAR MR. JOHNSTON: I have received from the Consul General at Ottawa a copy of your courteous letter of December 28, 1923,2 communicating the opinion of the Deputy Minister of Justice on certain questions in regard to the interpretation of the Northern Pacific Halibut Fishery Act passed by the Canadian Parliament in June, 1923. The views of the Deputy Minister of Justice were communicated to Senator Lodge, Chairman of the Foreign Relations Committee of the Senate, and also your statement that there is no intention on the part of Canada to relieve British vessels from seizure and forfeiture for breach of any of the provisions of the treaty and that if reasonable doubt arises in the mind of anyone that this would be possible under the Act of 1923, steps will be taken to remedy it during the next session of Parliament. I have also had a conversation with Senator Lodge in regard to the matter. 3 The President has referred the Halibut Fisheries Convention to the Senate for further consideration. Confidentially I may say that Senator Lodge desires to bring it up for action and it is believed that there is no disposition on the part of Senators to insist on the understanding which was made a part of the resolution of March 4, 1923, advising and consenting to ratification. Senator Lodge is apprehensive, however, that the provisions of Section 9 of the Act of the Canadian Parliament under which vessels of the United States Iwould be liable to seizure and forfeiture for the causes to which that Section relates whereas vessels navigated according to the laws of the United Kingdom or of Canada would expressly not be so liable 1 For previous correspondence concerning the convention, see Foreign Rela tions. 1923, vol. I, p. 467. "Ibid., p. 480. 'See note of Mar. 5, 1923, to the British Ambassador, ibid., p. 471. 112731-VOL, I-39- 29 335 |