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 X 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 XI 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 XII 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 Washington 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 Danish languages and have hereunto affixed their seals. Done in duplicate, at the City of Washington, this sixth day of January nineteen hundred and two. EXTRADITION Convention signed at Washington November 6, 1905, supplementing treaty of January 6, 1902 Senate advice and consent to ratification December 7, 1905 Ratified by Denmark December 14, 1905 Ratified by the President of the United States February 13, 1906 Entered into force February 19, 1906 Proclaimed by the President of the United States February 19, 1906 34 Stat. 2887; Treaty Series 449 The United States of America and His Majesty the King of Denmark, agreeing that the convention for the extradition of criminals signed by their Plenipotentiaries at Washington on January 6, 1902,2 is applicable to their respective island possessions or colonies, and desiring to define the procedure by which applications for the surrender of accused persons from such island possessions or colonies shall be made, and to add to the list of extraditable crimes mentioned in Article II of the said convention of January 6, 1902, by means of an additional convention, have to that end appointed as their Plenipotentiaries: The President of the United States of America, Elihu Root, Secretary of State of the United States; and His Majesty the King of Denmark, Mr. Constantin Brun, Commander of the Order of Dannebroge and decorated with the Cross of Honor of the same Order, His Majesty's Chamberlain and Envoy Extraordinary and Minister Plenipotentiary at Washington; Who, after having communicated to each other their respective full powers, found in due and good form, have agreed upon and concluded the following articles: ARTICLE I In the case of crimes committed in the island possessions or colonies of the contracting parties, applications for the surrender of the accused may 1 Pursuant to notice of termination given by Denmark Jan. 18, 1968. 'TS 405, ante, p. 38. be made directly to the Governor or Chief Magistrate of the island possession or colony in which the fugitive has sought refuge, by the Governor or Chief Magistrate of the colony or island possession of the other contracting party, provided that both island possessions or colonies are situated in America. The aforesaid Governors or Chief Magistrates shall have authority either to grant the extradition or to refer the matter for decision to the Government of the mother country. In all other cases applications for extradition shall be made through the diplomatic channel. Where a fugitive criminal is arrested in the Philippine Islands, the Hawaiian Islands, Faroe Islands, or Iceland he may be provisionally detained for a period of four months. ARTICLE II In addition to the crimes and offenses mentioned in Article II of the convention between the United States of America, and the Kingdom of Denmark for the extradition of criminals, signed at Washington on January 6, 1902, extradition shall be granted also for the following crime or offense: Bribery, defined to be the offering, giving or receiving of bribes, when made punishable by the laws of the two contracting parties. ARTICLE III The present convention shall be considered as an integral part of the said extradition convention of January 6, 1902, and shall be ratified according to the respective laws of the two contracting parties. The ratifications shall be exchanged at Washington as soon as possible. In testimony whereof, the respective plenipotentiaries have signed the above articles, both in the English and Danish languages and have hereunto affixed their seals. Done in duplicate, at the City of Washington, this sixth day of November, nineteen hundred and five. INDUSTRIAL DESIGNS AND MODELS Exchange of notes at Washington and Bar Harbor, Maine, June 22 and 26, 1906 Entered into force June 26, 1906 Treaty Series 483 No. 629 SIR: The Acting Secretary of State to the Danish Minister DEPARTMENT OF STATE WASHINGTON, June 22, 1906 I have the honor to acknowledge the receipt of your note of the 8th instant, in which you state that your Government instructs you to propose to the Department that the Government of the United States declare formally, in a note addressed to your legation, that, under the laws of the United States, it is not necessary, in order to secure the protection of Danish industrial designs or models, that the articles they represent shall be manufactured in the United States. In return for such a declaration you announce your willingness to declare, under authority already received from your Government, that the Government of the King will promulgate a royal ordinance by which, under the law of April 1, 1905, § 11 i. f., exemption from Rule No. 4 of § 11, relating to the requirement that the corresponding articles shall be manufactured in Denmark, shall be granted to American industrial drawings or models as long as the said laws of the United States on the subject shall remain unchanged. In reply I have the honor to inform you that this Government is willing to make, and does hereby formally make, the declaration cited above on the condition proposed by you. Accept, etc., Mr. CONSTANTIN BRUN, Etc., Etc., Etc. ROBERT BACON, Acting Secretary The Danish Minister to the Secretary of State [TRANSLATION] MR. SECRETARY OF STATE: LEGATION OF DENMARK BAR HARBOR, ME., June 26, 1906 I have the honor to acknowledge the receipt of your excellency's note No. 629, of the 22d instant, by which Mr. Robert Bacon, Acting Secretary of State, was so good as to make, on the condition proposed by me, the formal declaration that, under the laws of the United States, it is not necessary, in order to secure the protection of Danish industrial designs or models, that the articles they represent shall be manufactured in the United States. In return for that declaration and conformably to the condition proposed by me, I hasten, by virtue of an authorization received from the Royal Ministry of Foreign Affairs, formally to declare that the Government of the King will cause to be promulgated a royal ordinance by which, under the law of April 1, 1905, § 11 i. f., exemption from the rule in § 11, No. 4, relative to the requirement that corresponding articles shall be manufactured in Denmark, shall be granted to industrial designs or models from the United States as long as the laws of the United States relative to the matter under consideration shall remain unchanged. I shall have the honor to transmit the text of the royal ordinance to your excellency immediately upon its promulgation.1 Be pleased to accept, etc., 'The royal ordinance was promulgated Aug. 14, 1906. C. BRUN |