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Where the arrest and detention of a fugitive are desired on telegraphic or other information in advance of the presentation of formal proofs, the proper course in the United States shall be for an agent of the Uruguayan Government to apply to a judge or other magistrate authorized to issue warrants of arrest in extradition cases, and present a complaint on oath as provided by the statutes of the United States.
When under the provisions of this article the arrest and detention of a fugitive are desired in Uruguay, the proper course shall be to apply to the Foreign office, which will immediately cause the necessary steps to be taken to secure the provisional arrest and detention of the fugitive.
The provisional detention of a fugitive shall cease and the prisoner be released if a formal requisition for his surrender, accompanied by the necessary evidence of his criminality, has not been produced under the stipulations of this treaty within a period of sixty days from the date of provisional arrest and detention.
Requisitions for extradition must be presented by the diplomatic agent of the country of which the request is made, or in case of his absence by the superior consular officer thereof, to the Ministry of Foreign Relations, and shall be accompanied, in the case of persons charged or under trial, by an authenticated copy of the warrant of arrest and of the evidence upon which it is based, as well as of the penal law applicable to the offense giving rise to the request, and, whenever possible, by a description of the person claimed.
With regard to sentenced persons, duly authenticated evidence of the sentence convicting them should be presented.
In the Oriental Republic of Uruguay the procedure shall be as follows:
The Ministry of Foreign Relations shall transmit the abovementioned documents to the Superior Court of Justice, which, in turn, if it deems that the request for extradition is sufficiently well founded, shall turn it over to the judge having jurisdiction of the crime for execution. The latter functionary shall have authority to order the detention of the criminal, to take his deposition, consider his defense, and weigh the facts presented in accordance with the laws of the country; and if it turns out that the evidence presented is sufficient to warrant his imprisonment, the conditions required by the treaty having been fulfilled, he shall issue the order for his surrender, notifying the fact to the Executive, who thereupon dictates the measures necessary in order that the fugitive may be placed at the disposal of the demanding Government.
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.
All articles at the time of apprehension in the possession of the person demanded, 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 in conformity with the laws of the respective countries, be given up when the extradition takes place. Nevertheless, the rights of third parties with respect to such articles shall be duly respected.
Extradition may be refused when the penalty or right of action for the crime imputed to the person claimed shall have become barred by limitation according to the laws of the country in which he is seeking refuge.
If the accused or convicted party whose extradition is demanded by one of the high contracting parties in accordance with the present treaty should also be claimed by another or other governments as a result of crimes committed within their respective territories, he shall be delivered to the government of the country in which he shall have committed the gravest crime; provided that the government from which extradition is sought is not bound by treaty to give preference otherwise.
If the person claimed should be under trial for a crime or offense committed in the country in which he is seeking refuge, his extradition shall be deferred until the trial he is undergoing is concluded. or until he suffers the penalty imposed upon him. The same shall happen if he is serving a previous sentence at the time his extradition is demanded.
The obligation to grant extradition shall not in any case extend to the citizens of the two parties, but the executive authority of each shall have power to deliver them up, if, in its discretion, it is deemed proper to do so.
The Government of the United States and that of Uruguay agree to notify each other of the result of the trials of all persons surrendered under this treaty.
The provisions of the present treaty shall not apply to crimes or offenses committed prior to its date.
The present treaty may be denounced by either of the high contracting parties by giving notice one year in advance.
ARTICLE XIV. The present treaty shall be ratified and its ratifications exchanged at as early a day as possible.
In witness whereof, the respective Plenipotentiaries have signed the above articles, both in the English and Spanish languages, and hereunto affixed their seals.
Done in duplicate, at the City of Washington this 11th day of March, one thousand nine hundred and five.
SEAL) Edo ACEVEDO Díaz. (SEAL]
NATURALIZATION CONVENTION. Signed at Montevideo, August 10, 1908; ratification advised by the
Senate, December 10, 1908; ratified by the President, December 26, 1908; ratifications exchanged at Montevideo, May 14, 1909; proclaimed, June 19, 1909.
V. Declaration of intention.
and the Oriental Republic of Uruguay. The President of the United States of America and the President of the Oriental Republic of Uruguay, desiring to regulate the citizenship of those persons who emigrate from the United States to Uruguay, or from Uruguay to the United States, have resolved to conclude a convention on this subject and for that purpose have appointed their Plenipotentiaries, to wit:
The President of the United States: Edward C. O'Brien, Envoy Extraordinary and Minister Plenipotentiary of the United States in Uruguay;
The President of Uruguay: Antonio Bachini, Minister for Foreign Affairs of Uruguay;
Who, after the mutual communication of their respective full powers, found in good and due form, have agreed upon the following articles:
ARTICLE I. Citizens of the United States who may be or shall have been naturalized in the Republic of Uruguay upon their own application or by their own consent, will be considered by the United States as citizens of the Republic of Uruguay. Reciprocally, Uruguayans who may be or shall have been naturalized in the United States, upon their own application or by their own consent, will be considered by the Republic of Uruguay as citizens of the United States.
ARTICLE II. If a Uruguayan, naturalized in the United States, renews his residence in Uruguay, without intent to return to the United States, ho may be held to have renounced his naturalization in the United States.
Reciprocally, if an American, naturalized in Uruguay, renews his residence in the United States, without intent to return to Uruguay, he may be held to have renounced his naturalization in Uruguay.
The intent not to return may be held to exist when the person naturalized in one country resides more than two years in the other country, but this presumption may be destroyed by evidence to the contrary.
ARTICLE III. It is mutually agreed that the definition of the word citizen as used in this convention, shall be held to mean a person to whom nationality of the United States or Uruguay attaches.
A recognized citizen of the one party, returning to the territory of the other, remains liable to trial and legal punishment for an action punishable by the laws of his original country and committed before his emigration, but not for the emigration itself, saving always the limitation established by the laws of his original country, or any other remission of liability to punishment.
The declaration of an intention to become a citizen of the one or the other country has not for either party the effect of citizenship legally acquired.
The present convention shall remain in force for ten years from the date of the exchange of ratifications; and unless one of the contracting parties shall notify the other of its intention to terminate it one year before the expiration of that period, the said treaty shall continue in force from year to year until the expiration of one year after official notice shall have been given by either of the contracting governments of a purpose to terminate it.
The present treaty shall be submitted to the approval and ratification of the respective appropriate authorities of each of the contracting parties, and the ratifications shall be exchanged at Montevideo as soon as possible.
In witness whereof, the respective Plenipotentiaries have signed the foregoing articles, and have affixed their seals.
Done in duplicate at the City of Montevideo, in the English and Spanish languages this tenth day of August, one thousand nine hundred and eight. [SEAL.]
EDWARD C. 0'BRIEN [SEAL
TREATY OF PEACE, AMITY, COMMERCE, AND NAVIGATION.
Concluded January 20, 1836; ratification advised by the Senate March
23, 1836; ratified by the President April 20, 1836; ratifications exchanged May 31, 1836; proclaimed June 30, 1836.
I. Peace and friendship. II. Most favored nation. III. Trade and residence. IV. Tonnage duties.
V. Definition of Venezuelan vessels.
nationality of vessels.
XV. Privileges of trade with enemy. XVI. Neutral flag protection for prop
erty. XVII. Contraband.
XVIII. Goods and contraband.
The United States of America and the Republic of Venezuela, deşiring to make lasting and firm the friendship and good understanding which happily prevails between both nations, have resolved to fix, in a manner clear, distinct, and positive, the rules which shall, in future, be religiously observed between the one and the other, by means of a treaty of friendship, commerce, and navigation. For this most desirable object, the President of the United States of America has conferred full powers on John G. A. Williamson, a citizen of the said States, and their Chargé d'Affaires to the said Republic, and the President of the Republic of Venezuela on Santos Michelena, a citizen of the said Republic; who, after having exchanged their said full powers, in due and proper form, have agreed to the following articles:
ARTICLE I. There shall be a perfect, firm, and inviolable peace and sincere friendship between the United States of America and the Republic
a Pursuant to notice from Venezuela, this convention terminated January 3, 1851.