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In this case the expenses shall be at the charge of the Government making the claim.
VII. If the individual whose extradition is requested by one of the High Contracting Parties in virtue of this Convention is also claimed by one or other Powers on account of penal offences, he shall be delivered to the Government of the State in whose territory the more serious offence shall have been committed, and, in case of equal gravity, be shall be handed over to the Government of the State which first makes the demand.
VIII. In no case shall extradition be granted for crimes or offences of a political character, nor for any acts in connection with the same.
It shall not be considered a political offence, or act connected therewith, the attempt against the person of a superior Chief of a State, or against the members of his family, when such attempt constitutes the crime of murder, assassination, or poisoning.
IX. The individual given up shall not in any case be tried or punished in the State to which he bas been handed over for a crime or offence of a political character committed anterior to the extradition, nor for actions connected therewith, nor for any penal offence not indicated in the present Convention.
X. Extradition shall not be granted when, according to the laws of the country to which the extradition is demanded, exemption from prosecution or punishment has been acquired by lapse of time.
Extradition shail likewise not take place when the individual whose extradition is demanded has already been tried and acquitted in the demanding country in respect of the same offence as that upon which the request for extradition is grounded, or if the action is still pending or he has already suffered the corresponding penalty.
XI. Extradition shall, nevertheless, take place even when the individual claimed is proceeded against or is detained on account of obligations contracted towards private individuals; it being allowed, however, to the injured party to prosecute his rights before the competent authority.
XII. If the individual claimed shall be proceeded against or detained in the State to which the demand is made, for an offence other than that giving rise to the demand for extradition, his extradition shall be deferred until the termination of the proceedings, and, in case of condemnation, until he shall have suffered the punishment or shall bave been pardoned.
XIII. All the objects which have been used in the commission of the penal offence, or which may have been obtained by the same, as well as those which may be used as proof of the crime (" pieza de conviccion "), shall be delivered up at the same time as the individual claimed.
This proceeding shall also take place even when the extradition cannot be effected by reason of the death or flight of the accused.
It shall include all the objects of the same nature which the accused shall have concealed or deposited in the country in which he has taken refuge, and which shall be subsequently discovered. The rights of third parties to the objects mentioned shall, however, be reserved, and such objects shall be returned to them, free of expeuse, on the termination of the proceedings.
XIV. The expenses occasioned by the arrest, the detention, the maintenance, and the transport of the individual whose extradition shall have been granted, as also the transport of the objects referred to in the preceding Article, shall be at the charge of the two Governments in the limits of their respective territories. The cost of transport by sea shall be borne by the Government making the claim.
XV. Wher, during the course of a penal action, uot political, one of the two Contracting Governments considers necessary the evidence of witnesses domiciled in the other State, or any other necessary investigation, a Commission of Request ("* Carta Rogatoria”) shall be issued for that purpose through the channel indicated in Article IV, and the same shall be executed in accordance with the laws of the country to which the request is made.
The two Contracting Governments renounce reciprocally all claim for expenses connected with the execution of a Commission of Request, except as regards the evidence of experts in commercial or medico-legal affairs.
XVI. The Contracting Parties declare that the three texts of this Convention, viz., the German, the Hungarian, and the Spanish, shall be held to be equally authentic, and, in the event of there being encountered any difference in the three texts, or if there should arise any doubt as to the interpretation of any of the Articles, which cannot be cleared up by a comparison of one text with the two others, that text shall prevail which is most favourable to the extradition of the accused.
XVII. The present Convention shall go into effect from the date of its promulgation in the form prescribed by the laws in force in the territories of the High Contracting Parties.
This promulgation shall take place within six months from the date of the exchange of ratifications.
The Convention may be denounced by either of the High Contracting Parties. It shall, however, continue in force until the expiration of one year from the date of its denunciation.
It shall be ratified, and the ratifications shall be exchanged at Monte Video as soon as possible.*
In faith of which the respective Plenipotentiaries have signed the present Convention, and have affixed thereto their seals. Done at Monte Video, the 25th day of June, 1887.
(L.S.) MANUEL, FREIHERR VON SALZBERG. (L.S.) JULIO HERRERA Y OBES.
DECREE of the Queen-Regent of Spain, respecting Trade
between the United States and Cuba and Porto Rico.-
San Sebasiian, July 28, 1891. (Translation.)
By the advice of the Minister of State, acting in concert with the Council of Ministers, and in the name of my august son, King Alfonso XIII, as Queen-Regent, I make the following Decree:
Art. 1. In return for the exemptions and advantages which have been guaranteed by Declaration of the President of the United States of America (in the exercise of the powers granted to bim), in respect of sugar and other products of the Islands
On the exchange of ratifications of the above Convention, which took place at Monte Video, on the 29th August, 1896, the following Additional Act was signed :
“ His Excellency Herr Anton de Grubissich Keresztúr, Chargé d'Affaires ad interim of the Austro-Hungarian Monarchy, and his Excellency Dr. Jayme Estrázulas, Minister for Foreign Affairs of Uruguay, having met at the office of the latter in order to proceed to the exchange of ratifications of the Convention for the Extradition of Criminals concluded and signed by the respective Plenipotentiaries in this city on the 25th June, 1887, and after having communicated to each other their powers, which were found to be in good and due form, perused the corresponding instruments of ratification of the said Convention, which were ascertained to be in conformity with all the stipulations. The exchange of these documents was effected in the usual manner, it being, however, previously declared :
“The Austro-Hungarian Chargé d'Affaires, in virtue of the orders of his Government, and the Minister for Foreign Affairs, in accordance with the Law of May 11, 1895, approving tho said Convention, declare that the Supreme Judicial Authorities of the State to which the demand for extradition is made shall be left to decide every such demand, being guided by the procedure followed in their own Courts, in accordance with the internal laws of the country.
* In faith of which the Plenipotentiaries have drawn up the present Act in duplicate, and have signed both copies and sealed them with their seuls, at Monte Video, the 29th August, 1896.
(L.S.) “ANTON DE GRUBISSICH KERESZTUR. (L.S.) “JAYME ESTRAZULAS."
of Cuba and Porto Rico mentioned in the 3rd section of the New Tariff Law now in force in the said States, the products or manufactures proceeding from that country, specified in the annexed interim Table, with the exceptions therein laid down touching wheat and wheaten flour, will be passed through the customhouses of the said islands, on and after the 1st September nest, subject to the exemptions and abatements therein provided : and those included in Tables (A), (B), (C), and (D),* likewise annexed, will be admitted on the terms similarly laid down in the latter, on and after the 1st July, 1892.
2. All other articles shall still be liable to the duties specified in the third column of the Tariff, together with the authorized surcharges, so far as the Tariff is not replaced by another.
3. The Government shall, in due course, inform the Cortes of the provisions of this Decree. Given at San Sebastian, the 28th July, 1891.
MARIA CRISTINA. Carlos O'DONNELL, Minister of Siate.
NOTES exchanged between Spain and the United States
relative to a reciprocal Commercial Arrangement between those Countries.-Washington, January-June, 1891.
Mr. Blaine to Señor Suarez Guanes.
Department of State, Washington, January 3, 1891. I Have the honour to bring to your attention the fact that tbe Congress of the United States, at its last Session, enacted a Law, of which a copy is inclosed herewith, in which provision was made for the admission into the United States, free of all duty, of the following articles : all sugars not above No. 16 Dutch standard in colour, molasses, coffee, tea, hides, and skins.
In section 3 of this Law it is declared that these remissions of duty were inade “with a view to secure reciprocal trade with countries producing” those articles ; and it is provided that, whenever the President shall be satisfied that reciprocal favours are not granted to the products of the United States in the countries referred to," he shall have the power, and it shall be his duty," to impose upon the articles above enumerated, the products of the countries concerned, the rates of duty set forth in section 3.
* See Proclamation of the President of the United States of July 31, 1891, The Government of the United States, being earnestly desirous of maintaining with Spain and its Colonies such trade relations as shall be reciprocally equal, and mutually advantageous, I am directed by the President to request you to bring the above-mentioned provisions of this Act of Congress to the attention of your Government, and to express the hope that you may be empowered to enter with me upon the consideration of the subject, with a view to the adjustment of the commercial relations between the two countries on a permanent basis of reciprocity profitable alike to both.
Accept, &c., Señor Suarez Guanes.
JAMES G. BLAINE.
Señor Suarez Guanes to Mr. Blaine.
Legation of Spain at Washington, June 8, 1891. The Undersigued, Envoy Extraordinary and Minister Plenipotentiary of Spain, has the honour to inform the Honourable Secretary of State, in reply to his note of the 3rd January last, that his Government, desirous of strengthening and increasing the commercial relations between Spain and the United States of North America to the benefit of both countries, and being convinced that the community and harmony of their respective interests counsel that said relations should be stimulated and favoured for the greater development and encouragement of their commerce, has decided to respond, as promptly and as fully as its national interests and international engagements permit, to the legislation of the Congress of the United States, as set forth in the note of the 3rd January above mentioned
He has, therefore, been instructed to inform the Honourable Secretary of State that, in view of there having been decreed the free admission into the United States, from the 1st April of the present year, of sugars, molasses, coffee, tea, and untanned hides, as a provisional measure, until a definitive arrangement between the United States and Spain shall be put in operation, and in reciprocity and compensation for the admission into the ports of the Union, free of all national, State, and municipal duties, of the products of Cuba and Porto Rico, enumerated in the aforesaid note of the 3rd January last, the Government of Her Majesty is prepared to make use in part of the power granted to it by the Law of the 22nd July, 1884, authorizing the admission into all the established ports of Cuba and Porto Rico, from the 1st day of September, 1891, of the articles of merchandize named in the transitory Schedule annexed thereto; provided that the duties of the third column of the Tariffs of the said islands, to which reference is made in said