Requisitions. Preliminary arrests. Papers required. Release if is not produced. 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 issue 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 evidence, etc., 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 hereinbefore 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 ar rested shall be released, provided that the examination of the charges preferred against such accused person shall not be actually going on. ARTICLE XIII. Legal assist tion. In every case of a request made by either of the two Contracting Parties for the arrest, detention, or extra- ance. dition 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 Compensaany 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. Effect. Exchange of ratifications. In witness whereof the respective Plenipotentiaries Signatures. 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.] exchanged. And whereas the said Convention has been duly rati-Ratifications fied on both parts, and the ratifications of the two governments were exchanged in the City of Washington, on the tenth day of July one thousand nine hundred and twelve; Proclama Now, therefore, be it known that I, William Howard Taft, President of the United States of America, have tion. caused the said Convention to be made public, to the end that the same and every article and clause thereof may 37 Stat. L., pt. 2, p. 1625. be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand. and caused the seal of the United States to be affixed. Done at the City of Washington this tenth day of July in the year of our Lord one thousand nine [SEAL.] hundred and twelve, and of the Independence of the United States of America the one hundred and thirty-seventh. WM H TAFT By the President: PC KNOX Secretary of State Aug. 18, 1910. Special agreement between the United States and Great Britain for the submission of outstanding pecuniary claims to arbitration. Signed at Washington August 18, 1910; ratification advised by the Senate July 19, 1911; confirmed by exchange of notes April 12, 1912. with Great Arbitration Special Agreement for the submission to Arbitration of Pecuniary Claims outstanding between the United States and Great Britain. Britain. Preamble. Submission of claims. WHEREAS the United States and Great Britain are signatories of the convention of the 18th October, 1907, for the pacific settlement of international disputes, and are desirous that certain pecuniary claims outstanding between them should be referred to arbitration, as recommended by article 38 of that convention: Now, therefore, it is agreed that such claims as are contained in the schedules drawn up as hereinafter provided shall be referred to arbitration under Chapter IV of the said convention, and subject to the following provisions: ARTICLE 1. Either party may, at any time within four months from the date of the confirmation of this agreement, present to the other party any claims which it desires to submit to arbitration. The claims so presented shall, if agreed upon by both parties, unless reserved as hereinafter provided, be submitted to arbitration in accordance with the provisions of this agreement. They shall be grouped in one or more schedules which, on the part of the United States, shall be agreed on by and with the advice and consent of the Senate, His Majesty's Government reserving the right before agreeing to the inclusion of any claim affecting the interests of a selfgoverning dominion of the British Empire to obtain the concurrence thereto of the Government of that dominion. Claims re- Either party shall have the right to reserve for further examination any claims so presented for inclusion in the schedules; and any claims so reserved shall not be served. prejudiced or barred by reason of anything contained in this agreement. ARTICLE 2. All claims outstanding between the two Governments at the date of the signature of this agreement and originating in circumstances or transactions anterior to that date, whether submitted to arbitration or not, shall thereafter be considered as finally barred unless reserved by either party for further examination as provided in article 1. Claims barred. Arbitral ARTICLE 3. The Arbitral Tribunal shall be constituted Tribunal conin accordance with article 87 (Chapter IV) and with stituted. article 59 (Chapter III) of the said convention, which are as follows: "ARTICLE 87. Each of the parties in dispute appoints an arbitrator. The two arbitrators thus selected choose an umpire. If they do not agree on this point, each of them proposes two candidates taken from the general list of the members of the Permanent Court, exclusive of the members appointed by either of the parties and not being nationals of either of them; which of the candidates thus proposed shall be the umpire is determined. by lot. "The umpire presides over the tribunal, which gives its decisions by a majority of votes." Regulation "ARTICLE 59. Should one of the arbitrators either die, retire, or be unable for any reason whatever to discharge his functions, the same procedure is followed for filling the vacancy as was followed for appointing him." ARTICLE 4. The proceedings shall be regulated by so of proceedings. much of Chapter IV of the convention and of Chapter III, excepting articles 53 and 54, as the tribunal may consider to be applicable and to be consistent with the provisions of this agreement. ARTICLE 5. The tribunal is entitled, as provided in ar- etc. ticle 74 (Chapter III) of the convention, to issue rules of procedure for the conduct of business, to decide the forms, order, and time in which each party must conclude its arguments, and to arrange all formalities required for dealing with the evidence. The agents and counsel of the parties are authorized, as provided in article 70 (Chapter III), to present orally and in writing to the tribunal all the arguments they may consider expedient in support or in defense of each claim. The tribunal shall keep record of the claims submitted, and the proceedings thereon, with the dates of such proceedings. Each Government may appoint a secretary. These secretaries shall act together as joint secretaries of the tribunal and shall be subject to its direction. The tribunal may appoint and employ any other necessary officer or officers to assist it in the performance of its duties. The tribunal shall decide all claims submitted upon such evidence or information as may be furnished by either Government. Procedure, Meetings. Oath. Payment of awards. Expenses. Confirma ment. The tribunal is authorized to administer oaths to witnesses and to take evidence on oath. The proceedings shall be in English. ARTICLE 6. The tribunal shall meet at Washington at a date to be hereafter fixed by the two Governments, and may fix the time and place of subsequent meetings as may be convenient, subject always to special direction of the two Governments. ARTICLE 7. Each member of the tribunal, upon assuming the function of his office, shall make and subscribe a solemn declaration in writing that he will carefully examine and impartially decide, in accordance with treaty rights and with the principles of international law and of equity, all claims presented for decision, and such declaration shall be entered upon the record of the proceedings of the tribunal. ARTICLE 8. All sums of money which may be awarded by the tribunal on account of any claim shall be paid by the one Government to the other, as the case may be, within eighteen months after the date of the final award, . without interest and without deduction, save as specified in the next article. ARTICLE 9. Each Government shall bear its own expenses. The expenses of the tribunal shall be defrayed by a ratable deduction on the amount of the sums awarded by it, at a rate of 5 per cent. on such sums, or at such lower rate as may be agreed upon between the two Governments; the deficiency, if any, shall be defrayed in equal moieties by the two Governments. ARTICLE 10. The present agreement, and also any tion of agree schedules agreed thereunder, shall be binding only when confirmed by the two Governments by an exchange of notes. Signatures. In witness whereof this agreement has been signed and sealed by the Secretary of State of the United States, Philander C. Knox, on behalf of the United States, and by His Britannic Majesty's Ambassador at Washington. The Right Honorable James Bryce, O. M., on behalf of Great Britain. Done in duplicate at the City of Washington, this 18th day of August, one thousand nine hundred and ten. |