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If the person whose extradition is requested shall have been convicted of a crime or offense, a duly authenticated copy of the sentence of the court in which he was convicted, or if the fugitive is merely charged with crime, a duly authenticated copy of the warrant of arrest in the country where the crime has been committed, and of the depositions or other evidence upon which such warrant was issued, shall be produced.

The extradition of fugitives under the provisions of this Treaty shall be carried out in the United States and in Peru, respectively, in conformity with the laws regulating extradition for the time being in force in the state on which the demand for surrender is made.

ARTICLE IV.

In cases not admitting of delay, and especially in those where there is danger of escape, each of the two Governments may, by the most expeditious means, ask and obtain the arrest and provisional detention of the fugitive on condition of presenting a formal requisition, accompanied by the necessary evidence of his criminality 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 or subjects under the stipulations of this 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 he proves 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.

No person surrendered by either of the high 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.

ARTICLE VIII.

If the person claimed is accused or sentenced in the country where he may have taken refuge for a crime or misdemeanor committed in that country, his delivery may be delayed until the definitive sentence releasing him be pronounced, or until such time as he may have complied with the punishment inflicted on him in the country wherein he took refuge.

ARTICLE IX.

No person surrendered by either of the high contracting parties to the other shall, without the consent of the government which surrendered 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, until he shall have had an opportunity of returning to the country from which he was surrendered.

ARTICLE X.

All articles seized which are in the possession of the person to be surrendered at the time of his apprehension, whether being the proceeds of the crime or offense charged, 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 given up when the extradition takes place. Nevertheless, the rights of third parties with regard to such articles shall be duly respected.

ARTICLE XI.

If the individual claimed by one of the high 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: Provided, that the government from which extradition is sought is not bound by treaty to give preference otherwise.

ARTICLE XII.

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 XIII.

The present Treaty shall take effect on the thirtieth day after the date of the exchange of ratifications, and shall not operate retroactively.

The ratifications of the present Treaty shall be exchanged at Lima 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 the Spanish languages, and have hereunto affixed their seals.

Done in duplicate, at the city of Lima this twenty eighth day of November in the year of our Lord one thousand eight hundred and ninety nine.

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PERU-BOLIVIA.

1836.

CONVENTION OF PEACE, FRIENDSHIP, COMMERCE, AND NAVIGATION.

Concluded November 30, 1836; ratification advised by the Senate October 10, 1837; ratified by the President October 14, 1837; ratifications exchanged May 28, 1838; proclaimed October 3, 1838. (Treaties and Conventions, 1889, p. 840.)

imed

This convention terminated by the dissolution of the Peru-Bolivia Confederation in 1839.

634

PORTUGAL.

1840.

TREATY OF COMMERCE AND NAVIGATION."

Concluded August 26, 1840; ratification advised by the Senate Febru ary 3, 1841; ratified by the President April 23, 1841; ratifications exchanged April 23, 1841; proclaimed April 24, 1841. and Conventions, 1889, p. 891.)

(Treaties

This general treaty of fourteen articles was terminated by notice of the Portuguese Government January 31, 1892.

1851.

CLAIMS CONVENTION.

Concluded February 26, 1851; ratification advised by the Senate March 7, 1851; ratified by the President March 10, 1851; ratifications exchanged June 23, 1851; proclaimed September 1, 1851. (Treaties and Conventions, 1889, p. 896.)

By this convention Portugal agreed to pay the United States $91,727 in full for all claims of American citizens against Portugal, except the claim of the brig General Armstrong, which was referred to an arbitrator. Louis Napoleon, President of France, was appointed arbitrator of the General Armstrong claim, and November 30, 1852, decided that no indemnity was due from Portugal to the United States on account of the claim.

1900.

RECIPROCAL COMMERCIAL ARRANGEMENT WITH PORTUGAL.

Signed May 22, 1899; proclaimed June 12, 1900. (U. S. Stats., vol. 31, p. 1913, 1974.)

I. Concessions by United States. II. Concessions by Portugal.

ARTICLES.

| III. Termination.
IV. Ratification.

The President of the United States of America and His Most Faithful Majesty the King of Portugal and of the Algarves, equally animat d by the desire to confirm the good understanding existing between

a Federal case: Oldfield v. Marriott, 10 How., 146.

them and to increase the commercial intercourse of the two countries, have deemed it expedient to enter into a reciprocal commercial Agreement to that end; and they have appointed as their Plenipotentiaries for that purpose, to wit:

The President of the United States of America, the Honorable John A. Kasson, Special Commissioner Plenipotentiary: and

His Most Faithful Majesty, the Viscount de Santo-Thyrso, His Majesty's Envoy Extraordinary and Minister Plenipotentiary at Washington:

Who, after an exchange of their respective full Powers, found to be in due and proper form, have agreed upon the following Articles: ARTICLE I.

Upon the following articles of commerce being the product of the soil or industry of Portugal or of the Azores and Madeira Islands imported into the United States the present rates of duty shall be reduced and shall hereafter be as follows, namely:

Upon argols, or crude tartar, or wine lees, five per centum ad valorem.

Upon still wines in casks, thirty-five cents per gallon; in bottles, per case of one dozen bottles, containing each not more than one quart and more than one pint, or twenty-four bottles containing not more than one pint, one dollar and twenty-five cents per case; and any excess beyond these quantities found in such bottles shall be subject to a duty of four cents per pint or fractional part thereof, but no separate or additional duty shall be assessed upon the bottles.

Upon sparkling wines, in bottles containing not more than one quart and more than one pint, six dollars per dozen; containing not more than one pint each and more than one-half pint, three dollars per dozen; containing one-half pint each or less, one dollar and fifty cents per dozen; in bottles or other vessels containing more than one quart each, in addition to six dollars per dozen bottles, on the quantities in excess of one quart, at the rate of one dollar and ninety cents per gallon.

Upon brandies or other spirits manufactured or distilled from grain or other materials, whether the product of Portugal or of the Portuguese Possessions, one dollar and seventy-five cents per proof gallon.

Upon paintings in oil or water colours, pastels, pen and ink drawings and statuary, fifteen per centum ad valorem.

ARTICLE II.

Reciprocally and in consideration of the preceding concessions, upon the following articles of commerce being the products of the soil or industry of the United States imported into the Kingdom of Portugal and the Azores and Madeira Islands, the rates of duty shall be as low as those accorded to any other country (Spain and Brazil being excepted from this provision) namely:

Tariff No. 325 Flour of cereals, except wheat.

Tariff No. 326 Maize in the grain

Tariff No. 327 Wheat in the grain.

Tariff No. 354 Lard and grease.

Tariff No. 97

Tariff No. 98
Tariff No. 99

Mineral oils, and their products not elsewhere speci fied in the Tariff.

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