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ARTICLE 3.

They declare, nevertheless, that they accept no responsibility as Nonresponsiregards the international telegraph service.

bility.

ARTICLE 5.

Telegrams are classed in three categories :

Classes of 1. State telegrams: those emanating from the Head of the telegrams. Nation, the Ministers, the Commanders-in-Chief of the Army and

State. Naval forces, and the Diplomatic or Consular Agents of the Contracting Governments, as well as the answers to such telegrams.

2. Service telegrams: those which emanate from the Manage- Service. ments of the Telegraph Service of the Contracting States and which relate either to the international telegraph service or to subjects of public interest determined jointly by such Managements. 3. Private telegrams.

Private. In the transmission, the State telegrams shall have precedence Precedence. over other telegramis.

ARTICLE 6.

State telegrams and service telegrams may be issued in secret Use of se

cret language. language, in any communications.

Private telegrams may be exchanged in secret language between two States which admit of this mode of correspondence.

The States which do not admit of private telegrams in secret language upon the expedition or arrival of the same, shall allow them to pass in transit, except in the case of suspension defined in article 8.

ARTICLE 7.

The High Contracting Parties reserve the right to stop the Stoppage of transmission of any private telegram which may appear danger- private teleous to the safety of the State, or which may be contrary to the

grams. laws of the country, to public order or good morals.

ARTICLE 8.

Each Government also reserves the right to suspend the inter- Suspension national telegraph service for an indefinite period, if deemed of service. necessary by it, either generally, or only over certain lines and for certain classes of correspondence, of which such Government shall immediately notify all the other Contracting Governments.

ARTICLE 11.

Free service

Telegrams relating to the international telegraph service of the Contracting States shall be transmitted free of charge over the entire systems of such States.

ARTICLE 12.

Accounts.

The High Contracting Parties shall render accounts to one another of the charges collected by each of them.

ARTICLE 17.

The High Contracting Parties reserve respectfully the right to Special arenter among themselves into special arrangements of any kind rangements. with regard to points of the service which do not interest the States generally.

37 Stat. L., pt. 2, p. 1616.

Jan. 15, 1909. Convention between the United States and Honduras for

the extradition of fugitives from justice. Signed at Washington, January 15, 1909; ratification advised by the Senate, January 20, 1909; ratified by the President, March 1, 1909; ratified by Honduras, May 20, 1912 : ratifications exchanged at Washington, July 10, 1912; proclaimed July 10, 1912.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Honduras, extradition.

Preamble.

Contracting powers.

Whereas a Convention between the United States of America and the Republic of Honduras, providing for the mutual extradition of fugitives from justice, was concluded and signed by their respective Plenipotentiaries at Washington on the fifteenth day of January, one thousand nine hundred and nine, the original of which Convention, being in the English and Spanish languages, is word for word as follows:

The United States of America and the Republic of Honduras, being desirous to confirm their friendly relations and to promote the cause of justice, have resolved to conclude a treaty for the extradition of fugitives from justice between the United States of America and the Republic of Honduras, and have appointed for that purpose the following Plenipotentiaries:

The President of the United States of America, Elihu Root, Secretary of State of the United States; and

The President of the Republic of Honduras, Doctor Luis Lazo A., Envoy Extraordinary and Minister Plenipotentiary of Honduras to the United States;

Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following articles:

Plenipotentiaries.

ARTICLE I.

Reciprocal delivery of persons charged with crimes.

It is agreed that the Government of the United States and the Government of Honduras shall, upon mutual requisition duly made as herein provided, deliver up to justice any person who may be charged with or may have been convicted of any of the crimes specified in Article II of this Convention committed within the jurisdiction of one of the Contracting Parties while said person was actually within such jurisdiction when the crime was committed, and who shall seek an asylum or shall be found within the territories of the other, provided that such surrender shall take place only 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 apprehension and commitment for trial if the crime or offense had been there committed.

ARTICLE II.

Extraditable

Arson.

Crimes committed at sea.

.

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

1. Murder, comprehending the crimes designated by Murder, etc. the terms of parricide, assassination, manslaughter, when voluntary; poisoning or infanticide.

Attempt to 2. The attempt to commit murder.

murder. 3. Rape, abortion, carnal knowledge of children under Rape, etc. the age of twelve years. 4. Bigamy.

Bigamy. 5. Arson.

6. Willful and unlawful destruction or obstruction of railroads, etc. railroads, which endangers human life.

7. Crimes committed at sea :

(a) Piracy, as commonly known and defined by the Piracy. law of nations, or by statute; (b) Wrongfully sinking or destroying a vessel at sea vesseite

Destroying or attempting to do so;

(c) Mutiny or conspiracy by two or more members of the crew or other persons on board of a vessel on the high seas, for the purpose of rebelling against the authority of the captain or commander of such vessel, or by fraud or violence taking possession of such vessel; (d) Assault on board ships upon the high seas with Assaults on

shipboard. intent to do bodily harm.

8. Burglary, defined to be the act of breaking into and Burglary. . entering the house of another in the nighttime with intent to commit a felony therein.

9. The act of breaking into and entering into the offices Attempt to of the Government and public authorities, or the offices of offices, etc. banks, banking houses, saving banks, trust companies, insurance companies, or other buildings not dwellings with intent to commit a felony therein.

10. Robbery, defined to be the act of feloniously and Robbery. forcibly taking from the person of another, goods or money by violence or by putting him in fear.

11. Forgery or the utterance of forged papers.

12. The forgery or falsification of the official acts of Falsification the Government or public authority, including courts of etc. justice, or the uttering or fraudulent use of the same.

13. The fabrication of counterfeit money, whether coin, Counterfeitor paper, counterfeit titles or coupons of public debt, created by national, state, provincial, territorial, local, or municipal governments, banknotes or other instruments of public credit, counterfeit seals, stamps, dies, and marks of state or public administrations, and the utterance, circulation, or fraudulent use of the above mentioned objects. 14. Embezzlement or criminal malversation committed Embezzle

ment by public within the jurisdiction of one or the other party by public officers. officers or depositaries, where the amount embezzled exceeds two hundred dollars (or Honduran equivalent).

Forgery.

of official acts,

ing, etc.

Embezzlement by pri

etc.

more.

Obtaining money, etc.,

15. Embezzlement by any person or persons hired, salvate persons. aried, or employed, to the detriment of their employers

or principals, when the crime or offense is punishable by imprisonment or other corporal punishment by the laws of both countries, and where the amount embezzled ex

ceeds two hundred dollars (or Honduran equivalent). Kidnapping. 16. Kidnapping of minors or adults, defined to be the

abduction or detention of a person or persons, in order to exact money from them or their families, or for any

other unlawful end. Larceny, 17. Larceny, defined to be the theft of effects, personal

property, or money, of the value of twenty-five dollars or

18. Obtaining money, valuable securities or other propunlawfully. erty by false pretenses or receiving any money, valuable

securities or other property knowing the same to have been unlawfully obtained, where the amount of money or the value of the property so obtained or received exceeds

two hundred dollars (or Honduran equivalent). Perjury.

19. Perjury or subornation of perjury. Breach of 20. Fraud or breach of trust by a bailee, banker, agent,

factor, trustee, executor, administrator, guardian, director, or officer of any company or corporation, or by any one in any fiduciary position, where the amount of money or the value of the property misappropriated exceeds two hundred dollars (or Honduran equivalent).

21. The extradition is also to take place for participabelorecer after tion in any of the aforesaid crimes as an accessory before

or after the fact, provided such participation be punishable by imprisonment by the laws of both Contracting Parties.

ARTICLE III.

trust.

Accessories

No surrender for political offenses.

The provisions of this Convention shall not import 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

Contracting Parties in virtue of this Convention shall be Attempt, tried or punished for a political crime or offense. When head of State 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 a crime or offense was of a political character, or was an act connected with crimes or offenses of a political character.

ARTICLE IV.

etc., against not political crimes.

Trial only for offense for which extradited.

No person shall be tried for any crime or offense other than that for which he was surrendered.

ARTICLE V.

of .

A fugitive criminal shall not be surrendered under the Limitation 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.

under prosecu.

If a fugitive criminal whose surrender may be claimed Persons pursuant to the stipulations hereof, be actually under tion, etc., in prosecution out on bail or in custody, for a crime or found.

country where 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.

claimed by

If a fugitive criminal claimed by one of the parties. Persons hereto shall be also claimed by one or more powers pur- other coun. suant to treaty provisions, on account of crimes com- tries. mitted within their jurisdiction, such criminal shall be delivered to that state whose demand is first received.

ARTICLE VIII.

Under the stipulations of this Convention, neither of

Neither

country bound the Contracting Parties shall be bound to deliver up its to deliver up own citizens.

ARTICLE IX.

zens,

Expenses.

The expense of the 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 Disposal of criminal at the time of his arrest, whether being the pro- with person.

articles seized ceeds 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 Contracting Párties, be delivered up with his person at the time of the surrender. Nevertheless, the rights of a third party with regard to the articles aforesaid shall be duly respected.

ARTICLE XI. The stipulations of this Convention shall be applicable Territory to all territory wherever situated, belonging to either of

a

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