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AGREEMENT FOR MUTUAL EXEMPTION OF VESSELS FROM READMEAS
Signed at Washington, February 26, 1886.
The Government of the United States of America and the Government of His Majesty the King of Denmark having found it expedient to enter into an agreement for the mutual exemption from readmeasurement of United States and Danish vessels in the ports of their respective countries, have authorized the undersigned to sign the following declaration.
I. Danish steam and sailing vessels shall be exempted from readmeasurement in all ports of the United States, and the net register tonnage denoted in their certificate of registry and nationality shall be deemed to be equal to the net or register tonnage of vessels of the United States, provided only, that, if in any case it shall be found that a vessel has added to her carrying capacity since the issue of her register or certificate of admeasurement, the spaces or houses so added shall be admeasured and the usual fee exacted.
II. Steam and sailing vessels of the United States shall be exempted from readmeasurement in all Danish ports, and the net or register tonnage stated in their certificates of registry shall be deemed to be equal to the net register tonnage of Danish ships; provided only, that in cases in which the certificates of vessels of the United States express the gross tonnage only, deductions of the spaces or compartments appropriated to the use of the crew of the vessel in steam and sailing vessels, and of the spaces occupied by or necessary for the propelling power in steam vessels, shall be made according to the Danish rules for admeasurement, without any expense to the vessel.
The present agreement shall take effect on the 1st of April, 1886. Done in duplicate at Washington, D. C. this twenty-sixth day of February, 1886. [SEAL.]
T. F. BAYARD.
AGREEMENT SUBMITTING CLAIM OF CARLOS BUTTERFIELD & Co.
Concluded December 6, 1888; ratification advised by the Senate February 11, 1889; ratified by the President April 23, 1889; ratifications exchanged May 23, 1889; proclaimed May 24, 1889. (U. S. Stats., vol. 26, p. 1490.)
By this agreement the claim of Butterfield & Co. for indemnity for seizure of vessels by the Danish colonial authorities of St. Thomas, West Indies, was referred to Sir Edmund Monson, by whom it was disallowed.
Concluded June 15, 1892; ratification advised by the Senate July 21, 1892; ratified by the President July 29, 1892; ratifications exchanged September 28, 1892; proclaimed October 12, 1892. (U. S. Stats., vol. 27, p. 963.)
I. Reciprocal rights. II. Formalities.
With a view to secure for the manufacturers in the United States of America, and those in Denmark, the reciprocal protection of their Trade Marks and Trade Labels, the Undersigned, duly authorised to that effect, have agreed on the following dispositions.
The subjects or citizens of each of the High Contracting Parties shall in the Dominions and Possessions of the other have the same rights as belong to native subjects or citizens, in everything relating to Trade Marks and Trade Labels of every kind.
Provided, always, that in the United States the subjects of Denmark, and in Denmark, the citizens of the United States of America, cannot enjoy these rights to a greater extent or for a longer period of time than in their native country.
Any person in either country desiring protection of his Trade Mark in the Dominions of the other must fulfil the formalities required by the law of the latter; but no person, being a subject or citizen of one of the contracting States, shall be entitled to claim protection in the other by virtue of the provisions of this convention, unless he shall have first secured protection in his own country in accordance with the laws thereof.
This arrangement shall go into effect immediately on or after the exchange of the ratifications and shall be in force until a year after it has been recalled by the one or the other of the two High Parties.
The present convention shall be ratified by the President of the United States of America by and with the advice and consent of the Senate thereof and by His Majesty the King of Denmark, and the ratifications shall be exchanged at Copenhagen as soon as may be within ten months from the date hereof.
In witness whereof the Undersigned have signed the present convention and have affixed thereto the seal of their arms.
Done at Copenhagen in double expedition the 15. June 1892.
CLARK E. CARR.
S. Doc. 318.58-2-16
Concluded January 6, 1902; ratification advised by Senate January 30, 1902; ratified by President February 26, 1902; ratifications exchanged April 16, 1902; proclaimed April 17, 1902. (U. S. Stats., vol. 32, p. 1906.)
I. Delivery of accused. II. Extraditable crimes.
IV. Provisional detention.
V. Nondelivery of citizens. VI. Political offences.
VIII. Prior offences.
IX. Property seized with fugitive.
XII. Ratification; duration.
The United States of America and his Majesty the King of Denmark, being desirous to confirm their friendly relations and to promote the cause of justice, have resolved to conclude a treaty for the extradition of fugitives from justice, and have appointed for that purpose the following plenipotentiaries:
The President of the United States of America, John Hay, 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 good and due form, have agreed upon and concluded the following articles:
The Government of the United States and the Government of Denmark mutually agree to deliver up persons who, having been charged with or convicted of any of the crimes and offenses specified in the following article, committed within the jurisdiction of one of the contracting parties, shall seek an asylum or be found within the territories of the other: Provided that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his or her apprehension and commitment for trial if the crime or offense had been there committed.
Extradition shall be granted for the following crimes and offenses: 1. Murder, comprehending assassination, parricide, infanticide, and poisoning; attempt to commit murder; the killing of a human being, when such act is punishable in the United States as voluntary manslaughter, and in Denmark as manslaughter.
3. Robbery, defined to be the act of feloniously and forcibly taking from the person of another money or goods, by violence or putting him in fear; burglary, also housebreaking or shopbreaking.
4. Forgery, or the utterance of forged papers; the forgery or falsification of official acts of government, of public authorities, or of courts of justice, or the utterance of the thing forged or falsified.
5. The counterfeiting, falsifying or altering of money whether coin or paper, or of instruments of debt created by national, state, provincial or municipal governments, or of coupons thereof, or of banknotes, or the utterance or circulation of the same; or the counterfeiting, falsifying or altering of seals of state.
6. Embezzlement by public officers; embezzlement by persons hired or salaried, to the detriment of their employers; larceny; obtaining money, valuable securities or other property by false pretenses, or receiving money, valuable securities, or other property, knowing the same to have been embezzled, stolen or fraudulently obtained, when such act is made criminal by the laws of both countries and the amount of money or the value of the property fraudulently obtained or received is not less than $200. or Kroner 740.
7. Fraud, or breach of trust by a bailee, banker, agent, factor, trustee or other person acting in a fiduciary capacity, or director or member or officer of any company, when such act is made criminal by the laws of the countries, and the amount of money or the value of the property misappropriated is not less than $200. or Kroner 740. 8. Perjury; subornation of perjury.
9. Rape; abduction; kidnapping.
10. Malicious destruction of, or attempt to destroy, railways, trains or cars, bridges, dwellings, public edifices, or other buildings, when the act endangers human life.
11. Crimes committed at sea:
(a) Piracy, by statute or by the law of nations.
(b) Revolt, or conspiracy to revolt, by two or more persons on board a ship on the high seas against the authority of the master.
(c) Wrongfully sinking or destroying a vessel at sea, or attempting to do so.
(d) Assault on board a ship on the high seas with intent to do grievous bodily harm.
12. Crimes and offenses against the laws of both countries for the suppression of slavery and slave-trading.
13. Procuring abortion.
Extradition is also to take place for participation in any of the crimes and offenses mentioned in this Treaty, provided such participation may be punished in the United States as a felony, and in Denmark by imprisonment at hard labor.
Requisitions for the surrender of fugitives from justice shall be made by the diplomatic agents of the contracting parties, or in the absence of these from the country or its seat of government, may be made by the superior consular officers.
If the person whose extradition is requested shall have been convicted of a crime or offense, a duly authenticated copy of the sentence of the court in which he was convicted, or if the fugitive is merely charged with crime, a duly authenticated copy of the warrant of arrest in the country where the crime has been committed, and of the depositions or other evidence upon which such warrant was issued, shall be produced.
The extradition of fugitives under the provisions of this Treaty shall be carried out in the United States and in Denmark respectively, in conformity with the laws regulating extradition for the time being in force in the state on which the demand for surrender is made.
When the arrest and detention of a fugitive in the United States are desired on telegraphic or other information in advance of the presentation of formal proofs, complaint on oath, as provided by the statutes of the United States, shall be made by an agent of the Danish Government before a judge or other magistrate authorized to issue warrants of arrest in extradition cases.
In the Kingdom of Denmark the diplomatic or consular officer of the United States shall apply to the Foreign Office, which will immediately cause the necessary steps to be taken in order 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 Convention, within two months from the date of his provisional arrest or detention.
Neither of the contracting parties shall be bound to deliver up its own citizens, born or naturalized, under the stipulations of this Convention.
A fugitive criminal shall not be surrendered if the offense in respect of which his surrender is demanded be of a political character, or if he proves that the requisition for his surrender has, in fact, been made. with a view to try or punish him for an offense of a political character. No person surrendered by either of the high contracting parties to the other shall be triable or tried, or be punished for any political crime or offense, or for any act connected therewith, committed previously to his extradition.
An attempt against the life of the head of either Government, or against that of any member of his family, when such attempt comprises the act either of murder or assassination, or of poisoning, shall not be considered a political offense or an act connected with such offense.
If any question shall arise as to whether a case comes within the provisions of this Article, the decision of the authorities of the government on which the demand for surrender is made, or which may have granted the extradition, shall be final.
Extradition shall not be granted, in pursuance of the provisions of this Convention, if legal proceedings or the enforcement of the penalty for the act committed by the person claimed has become barred by limitation, according to the laws of the country to which the requisition is addressed.