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XXIX. The ships of Guatemala and Honduras shall be considered as national vessels in the respective ports, and shall pay no extraordinary nor greater dues than those paid by ships of the nation itself.
XXX. The natives of either of the Contracting Republics shall enjoy in the other the right of literary property, industrial or artistic, in the same way and subject to the same conditions as the natives.
XXXI. The Republics of Guatemala and Honduras, in the desire that crimes committed in their respective territories shall not remain unpunished, nor that criminal responsibility should be eluded in the escape of the delinquents, agree to reciprocally hand over the persons who may take refuge in the territory of either of the two Republics, and who, in the other, shall have been condemned or shall have been prosecuted for having committed therein, as authors or accomplices, any of the following crimes: homicide, arson, robbery, piracy, peculation, cattle theft, falsifying money and public documents, theft, malversation of public funds, fraudulent bankruptcy false witness, and in general any other offence for which proceedings may be taken without requiring individual accusation, and to which the Penal Code of the nation in which it was committed shall have assigned pain of death, penal servitude, forced labour, or imprisonment for not less than two years, whether the penalty for the said crime be less, or different, in the nation of the refugee.
XXXII. The penalty of two years' imprisonment shall be taken as indicating the nature of the crimes giving ground for extradition when such may be demanded during the trial, but it does not limit the effects of justice if, owing to extenuating circumstances, or other evidence favourable to the prisoner, he should be sentenced to suffer a minor penalty. If the extradition be asked for by virtue of the sentence passed, the prisoner shall be delivered, always provided that the penalty imposed be not for less than one year of imprisonment.
XXXIII. Extradition shall not be granted of persons convicted or accused of political crimes, even when committed in connection with any crime which might give rise to it. The Tribunals of Justice of the Republic in which refuge is taken shall determine the nature of political crimes. The individual delivered shall not be tried or condemned for political crimes, nor for acts relating thereto, which he may have committed before extradition. In urgent cases the provisional detention of the culprit may be asked for, by means of telegraphic or postal communication, addressed to the Foreign Minister, or through the respective Diplomatic Agent, or Consul in his default. The provisional arrest shall be made according to the rules established by the legislation of the country, but it shall cease if in the term of one month, counting from the date on which it was effected, the claim shall not be made formally.
XXXIV. The individual taken cannot be prosecuted nor condemned for any other crime committed anterior to the extradition, and which shall not be comprised in this Treaty unless in case that after having been punished for or acquitted of the crime which gave rise to the extradition, he should fail to leave the territory of the respective Republic before the expiration of two months, counted from the day on which he returned to the country from which the application for extradition emanated.
XXXV. The extradition shall not be proceeded with when according to the laws of the country making the demand, the penalty or penal action against the accused shall have become imprescriptible. Nor shall it proceed when the prisoner shall have been already tried and sentenced for the same offence in the Republic in which he resided, or if in that country the offence for which extradition is demanded should not be considered as a crime.
XXXVI. The High Contracting Powers cannot be obliged to give up their natives. If, in conformity with the laws which govern in the Republic to which the culprit belongs, he should be submitted to justice for the infractions of the penal law committed in the other Republic, the Government of the latter shall communicate to that of the other the proceedings, informations, and corresponding documents, and shall forward the objects that constitute the proofs of the indictment, supplying also all that may be requisite for the necessary clearing up for the proceedings. This having been done, the criminal trial shall be proceeded with and terminated, and the Government of the country sball inform the other Government of the definite result thereof. This mode of procedure shall be obligatory for both Contracting Parties.
XXXVII. When the accused or condemned person whose extradition is asked for by one of the Contracting Parties is claimed by another Government or other Governments for crimes or offences committed by him in their respective territories, he shall be delivered in preference to the Government in whose territory the more serious crime was 'committed, but if the crimes are of equal gravity the delivery shall be to the Government first demanding the extradition.
XXXVIII. In case the culprit claimed should be accused or condemned in the country to which the demand for extradition is addressed for having committed in the same country a crime or offence, then the extradition shall be delayed until the criminal shall have been acquitted by a definite sentence, or the punishment to which he was sentenced, shall have been executed.
XXXIX. It shall not be considered an obstacle to the grant of extradition if the criminal, on account of his surrender, shall fail to fulfil obligations contracted with private individuals. The latter reserve the faculty of making good their rights before the competent judicial `authority.
XL. To insure due fulfilment of the demands for extradition, the demand or claim must proceed from the Judge of the cause and pass to the Supreme Court of Justice or President of the Judicial Power. Thence it must pass to the Supreme Executive Power and thence to that of the Republic in which the delivery is to be made; from the said Executive
whiche Supreme e President Judge of the for extra
Power it shall go to the Supreme Court of Justice or President of the Judicial Power, and thence to the Judge who, according to the laws of the respective country, must carry out the extradition. Decision having been made as to the application, it shall be duly returned to the Tribunal of its origin, observing in inverse order the same formalities as those above mentioned, and in every case taking care that there are the corresponding signatures to the authenticity of said documents. It is also agreed that letters of request may be reciprocally given and carried out, as also other writs of a judicial character, in order that the forms and requisites determined on for the demands for extradition may be expedited.
XLI. The extradition asked for in the form prescribed in the preceding Article shall be granted, always provided the demand is accompanied by the sentence of condemnation or the warrant of imprisonment which may have been issued, and, provided also, that the nature and gravity of the punishable acts which gave rise to the application for extradition, as also the dispositions of the penal laws applicable thereto are stated. These documents shall be transmitted either in original or in copy legalized by the Tribunal or corresponding authority or by a Diplomatic or Consular Agent of the country from which extradition is required.
At the same time, whenever possible, the description of the individual claimed and any other indication which may help to establish his identity shall be given.
XLII. In order to avoid the difficulties which in arranging for extradition might be caused by the difference of the legislation, principally with regard to the formalities or requisitions for dictating the warrant of imprisonment, it is expressly understood that in the applications with that object which are made by ope Republic to the other, the established forms of the legislation peculiar to the State requiring the extradition be observed, and the authorities called upon shall immediately carry out the requisition so long as it is presented with due formality.
XLIII. The objects stolen or sequestrated in possession of the condemned or accused person, the instruments and tools he may have used to commit the crime, and any other element of proof shall be remitted at the same time that the delivery is made of the individual arrested, even though afterwards the extradition could not possibly be completed owing to the death or Aight of the criminal. Delivery shall be made also of the objects of the same nature that the individual may have hidden or deposited in the country in which he has sought asylum, and which may be found afterwards. In the meantime, the rights of third parties shall be reserved over the objects indicated, the restitution of which shall be made to them free of all charge immediately after the conclusion of the penal proceedings.
XLIV. To facilitate the proof of ownership of objects and movable effects robbed or stolen, which are taken from one Republic to the other, it is agreed:
That the authentication of the respective documents may be made by the superior political authorities of the Department in which the crime was committed, and while they are presented by the interested parties, the judicial authority of the country in which the objects are found shall order their deposit, the requisition by telegraph to this end of any of the authorities referred to being sufficient.
The property having been duly identified, shall be returned to the owners although the extradition of the criminal may not be proceeded with or may not then have been decreed.
XLV. The expenses caused by the arrest, the maintenance, and transport of the individual claimed, and also those of the delivery and transfer of the objects which, according to the preceding Article, shall be remitted, shall be defrayed by the two States in their respective territories.
The individual claimed shall be conducted to the place on the frontier or other point indicated by the Government calling for his extradition, who shall defray the charges incurred in embarkation.
XLVI. If besides the letters of request for the depositions of witnesses domiciled in the territory of the other State, the authorities of the country making the requisition should think the presence necessary of said witnesses or of others to whom the requisition may not have referred, the Government to whom the witnesses may belong shall endeavour to comply with the invitation of the other Government asking for their appearence. If the witnesses agree to go, the respective Governments shall fix by agreement the indemnity to be paid by the State making the claim in view of the distance and lenght of stay, such sum as they may need being advanced to them.
The Contracting Parties also agree to give each other reciprocally, whenever possible, the other means of proof required by the criminal procedure of the respective country.
XLVII. The Contracting Governments agree to communicate to each other reciprocally the sentence of condemnation for any crimes of whatsoever nature pronounced by the Tribunals of one of the two Republics against the individuals of the others. Each of the two Governments shall, for this purpose, give the necessary instructions to the respective competent authorities.
XLVIII. In every case where the imprisonment of the refugee is effected, he shall be acquainted of the cause thereof within twenty-four hours, and shall be allowed to use the right which the following Article grants.
XLIX. The criminal may within three days from that following the notification oppose the extradition, alleging
1. That he is not the person claimed;
L. In cases in which the proof of the alleged acts is necessary, evidence shall be taken, the prescriptions of the law of procedure of the State referred to being followed.
LI. Proof being adduced, the matter shall be decided within ten days: a declaration being made whether or no there is cause for extradition.
The said resolution may be appealed against within a period of three days before the competent Tribunal, which shall pronounce its decision, without further appeal, within the term of five days.
LII. If the sentence be favourable to the request for extradition, the Tribunal pronouncing the decision shall make it known immediately to the Executive Power in order that it may take the necessary steps for the delivery of the delinquent.
If to the contrary, the Judge or Tribunal shall order the immediate setting at liberty of the person detained, and shall communicate the same ot the Executive Power, inclosing copy of the sentence, that he may advise the Government making the requisition.
LII). For extraditable offences and also for those of contraband, entry into the respective territories in immediate pursuit of the delinquent is allowed up to 5 leagues distant from the boundary-line of both Republics. To avoid all abuse in said entry the superior authorities of the frontier Departments shall be in good and frequent communication, informing reciprocally, by such opportunities as may be afforded, their respective inspectors, guards, or police agents.
Both Governments reserve to themselves the right of regulating, by common agreement, the exercise of the rights stipulated in the present Article.
LIV. If any of the Articles of this Treaty should be violated or infringed, it is expressly stipulated that neither of the two High Contracting Parties shall order acts of reprisal nor declare war until after all pacific means of settlement shall have been exhausted. These means shall be:
The setting forth in Memorials of the offences and damage caused, with proofs and competent evidence presented by the Government which considers itself aggrieved; if due satisfaction be not given, the decision of the matter shall be submitted to arbitration, as stipulated in this Treaty.
LV. The principal stipulations of the Treaties previously celebrated between Guatemala and Honduras being renewed, or conveniently modified in this Treaty, it is hereby declared that they are all without effect and annulled by the present Treaty, when it shall have been duly proved and the respective ratifications exchanged.
If either of the Signatory Republics shall disapprove by itself of one or several of the Articles of this Treaty, it is bound in respect of those which it has approved, in case that, on communicating with the other, the latter shall consider that the Articles rejected are not indispensable for the maintenance of those not included in the disapproval.
LVI. The present Treaty shall be perpetual and always obligatory in so far as it relates to peace, friendship, and arbitration; and relative to commerce, extradition, and other stipulations it shall remain in full vigour for the term of ten years, from the day of the exchange of the ratifications.