28.

Alteration or falsification of seals, stamps, punches, or marks; use of counterfeit or falsified seals, stamps, punches, or marks, and im- . proper use of true seals, stamps, punches, transport coupons, postals seals, and marks.

29. Corruption of public functionaries.

30. Destruction of a railway line, interference with the running of trains, with the object of occasioning either the death or the injury of the passengers.

31. Destruction of steam-engine constructions, or telegraphic apparatus.

32. Destruction or damaging of sepulchres, monuments, objects of art, deeds, documents, registers, and other papers.

33. Destruction, damaging, or injury of goods, merchandize, and other movable property.

34. Destruction or devastation of crops, plantations, trees, or grafts. 35. Destruction of agricultural implements. and destruction or poisoning of cattle and other animals.

36. Opposition to the making or execution of public works.

37. Barratry and piracy, comprising both the seizing of a vessel by persons belonging to its crew, by means of fraud or violence towards the captain or whoever may represent him; and the abandoning of the vessel by the captain, except in those cases provided for by the law.

38. Attack on or resistance to the captain by the crew of a vessel, accompanied by acts of violence by more than one-third of the crew, refusal to obey the orders of the captain or mate, for the saving of the ship or cargo, with blows and wounding, plot against the safety, liberty, or authority of the captain.

39. Receiving of articles acquired by means of any of the crimes or offences specified in the present Convention.

Attempts to commit the foregoing, when punishable according to the laws of the two contracting countries, are comprehended in the abovementioned provisions. In all cases, extradition shall only take place for criminal acts which may be punishable in the country applied to by a penalty of not less than one year's imprisonment.

III. The requisition for extradition shall always be made through the diplomatic channel.

IV. Extradition shall be granted by virtue of the presentation, either of the original or certified copy of the decision or sentence of condemnation, or of the warrant of arrest, or of any other order having the same force, provided that it contains an exact description of the act for which

it has been issued. These documents shall be accompanied by a copy of the test of the Law applicable to the alleged offence, and, if possible, by the record of the individual claimed.

V. In urgent cases the provisional arrest shall be effected on the receipt of notice, sent by post or telegraph, of the existence of a warrant of arrest; on condition, nevertheless, that this notice be given in due form, through the diplomatic channel, to the Minister of Foreign Affairs of the country applied to. The provisional arrest shall take place in the manner and according to the regulations established by the laws of the Government applied to; and shall cease to be effective if, at the expiration of three months reckoned from the time it was effected, the accused be not shown one of the documents referred to in Article IV of the present Convention.

VI. The extradition shall not take place if it is applied for on account of an offence for which the person claimed has already been convicted, declared innocent or acquitted in the country of the Government applied

to.

If the person should be proceeded against or convicted in the country in which he is found, his extradition shall be deferred until the abandonment of the prosecution, the declaration of his innocence or acquital, or the time when he has served his sentence.

In the event of his being prosecuted or detained in the same country on account of liabilities contracted with private individuals, his extradition shall take place, notwithstanding the injured parties being at liberty to enforce their right before the competent authority.

VII. When the same person is claimed at the same time by several States, the State applied to is at liberty to decide to which country he shall be handed over.

VIII. A fugitive criminal shall not be surrendered if the offence in respect of which his surrender is demanded is one of a political character, or if the President of the nation where he is found believes that, although extradition is applied for in respect to an ordinary offence, the real object is to punish a political offense; in such case the President is not obliged to state the reasons for his refusal.

Attempts against the person of the Head of a foreign State or against a member of his family, when such attempts are of the nature of homicide, assassination, or poisoning, shall not be considered as political offences or as acts in the nature of such offences.

IX. The person surrendered can in no case be prosecuted or punished in the State in which the extradition has been granted, nor be handed

over to a third State, for any crime or offence not provided for in the present Convention and previous to his extradition, until he has had in either case the opportunity of leaving the before-mentioned country during three months after his trial, or, in case of conviction, after having served his sentence or having been pardoned.

Neither can he be prosecuted or punished on account of a crime or offence provided for in the present Convention and previous to his extradition, but distinct from that which caused the latter, except with the consent of the Government that granted it, which may, if it thinks proper, require the production of one of the documents in Article IV of the present Convention. The consent of this Government shall be equally necessary to permit the extradition of the accused to a third country. Nevertheless, such consent shall not be necessary when the accused of his own accord asks to be tried or to serve his sentence, or when he has not, within the period above mentioned, left the territory of the country to which he was handed over.

X. Extradition shall be refused if, in accordance with the laws of the country in which the accused is found, exemption from punishment or prosecution is acquired from lapse of time, to be reckoned from the date of the alleged acts, or from the date of prosecution or conviction.

XI. When grounds exist for granting extradition, all articles seized which might serve to prove the crime or offence, as well as the stolen goods, shall, according to the judgment of the competent authority, be handed over to the demanding State, both when extradition is effected, the accused being arrested, and when it is impossible to effect the same, through the fresh escape or death of the prisoner. This delivery shall also comprise any articles the accused may have hidden or deposited in the country and which are subsequently discovered.

The rights of third parties, not implicated in the prosecution, who may have acquired any articles mentioned in the present Article, shall not be affected.

XII. The expenses incurred in the arrest, detention, custody, food, and travelling expenses of the person whose extradition is granted, as also the cost of transport of the objects mentioned in the preceding Article, shall be borne by the Government applying for the extradition.

XIII. It is formally stipulated that the extradition, by way of transit through the respective territories of the Contracting States, of a person who does not belong to the country through which he is passing, shall be granted on the mere presentation of the original or a certified copy of one of the documents mentioned in Article IV above quoted,

provided that the act which forms the basis for the extradition is comprised in the present Convention, and is not included in the provisions of Articles VIII and IX.

XIV. When in the prosecution of a non-political criminal case one of the Governments considers the examination of witnesses residing in the other State to be necessary, it shall send a request to that effect through the diplomatic channel; and the competent authorities shall carry out the same according to the laws of the country in which the examination of witnesses is held. Both Governments renounce all claim having for object the reimbursement of expenses resulting from the fulfilment of such requests, except in the case of the examination of experts in criminal, commercial, or medical-legal cases, which may require several days to carry out.

XV. When in a non-political criminal case the notification of any proceedings or of a sentence issued by the authority of one of the contracting countries has to be made to a person residing in the other country, the document forwarded through the diplomatic channel shall be notified to him personally by direction of the Public Prosecutor's office of his place of residence, through the competent authority, and the original indorsed with a duly legalized Minute of such notification shall be returned through the same channel to the demanding Government.

XVI. When in a non-political criminal case the personal appearance of a witness, is needed, the Government of the country where the latter is residing shall request him to appear where he is summoned. If the witness consents to proceed, he shall be at once furnished with the passport that may be necessary, and his travelling and living expenses shall be given to him, according to the current tariffs and regulations, by the country in which the examination is to take place. No witness of whatsoever nationality who, summoned by one of the two countries, shall voluntarily appear before the Courts of the other, can be prosecuted or arrested for previous criminal or correctional acts or convictions, nor for alleged complicity in the acts which form the subject of the case in which he figures as witness.

When, in any non-political criminal case commenced in either of the two countries, the presentation of proof or judicial documents is considered expedient, the request for the same made through the diplomatic channel shall be complied with, except where special considerations prevent it, on condition of the return of such documents.

The Contracting Governments renounce all claim for all expenses occasioned within the limits of their respective territories for the dispatch and return of proofs and documents.

XVII. The two Governments oblige themselves to communicate reciprocally to each other the convictions for crimes and offences of all kinds which may be given by the Courts of one State against the citizens of the other. Such communications shall be effected by means of the dispatch, through the diplomatic channel, of a bulletin or an extract of the sentence pronounced to the Government of the country to which the criminal belongs. Each of the two Governments shall give the necessary instructions to the competent authorities on this point.

XVIII. The present Convention shall be for five years, counted from the date of the exchange of the ratifications; it shall come into force three months after the date of such exchange of ratifications, and shall remain in force until one year from the day on which one of the two Governments may declare its wish to abrogate it.

It shall be ratified, and the ratifications exchanged, as soon as possible, in the city of Guatemala.

In witness whereof the respective Plenipotentiaries have signed and set their respective seals.

Done in the city of Guatemala, in two originals, the 19th day of May,

1894.

[L. S.] José F. GODOY.
[L. S.] RAMON A. Salazar.

Treaty of Arbitration concluded between Argentina and Chile,1 signed May, 28, 1902.

No. 1.

PRELIMINARY PROTOCOL.

[TRANSLATION.]

The Minister for Foreign Affairs, Don José Francisco Vergara Donoso, and Don José A. Terry, Envoy Extraordinary and Minister Plenipotentiary of the Argentine Republic, having met together at the Ministry for Foreign Affairs of Chile, with a view to settling the rules for deciding differences of any kind whatsoever which might tend to disturb the good relations existing between the two countries, and thereby consolidating the peace maintained up to the present, notwithstanding periodical

'Translation in cd. 2739, presented to House of Commons.