ARTICLE XI In every case of a demand made by either of the two contracting parties for the arrest, detention, or extradition of fugitive criminals, in pursuance of the provisions of this convention, the legal officers or fiscal ministry of the country where the proceedings of extradition are had shall assist the officers of the government demanding the extradition, before the respective judges and magistrates, by every legal means within their or its power; and no claim whatever for compensation for any of the services so rendered shall be made against the government demanding the extradition; provided, however, that any officer or officers of the surrendering government so giving assistance, who shall in the usual course of their duties be compensated by specific fees for services performed in lieu of salary therefor, shall be entitled to receive from the government demanding the extradition the customary fees for the acts or services performed by them, in the same manner and to the same amount as though such acts or services had been performed in ordinary criminal proceedings under the laws of the country of which they are officers. ARTICLE XII A person surrendered under this convention shall not be tried or punished in the country to which his or her extradition has been granted, nor given up to a third power, for a crime or offense not provided for by this convention and committed previous to his or her extradition, unless the consent of the surrendering government be given for such trial or such surrender to a third power. But such consent shall not be necessary: (a) When the accused shall have voluntarily requested to be so tried or surrendered to a third power. (b) When he or she shall have been free to leave the country during thirty days after discharge from custody because of the charge on which he or she was surrendered, or if convicted thereof during thirty days after having satisfied his or her penalty or having been pardoned. ARTICLE XIII. A person surrendered under this convention may be tried and punished in the country to which his extradition has been granted, or may be given up to a third power, for any crime or offense provided for by article 2 of this convention, and committed previous to his extradition, besides that which gave rise to the extradition. Notice of the purpose to so try or surrender him, with specification of the crime or offense charged, shall be given to the government which surrendered him, which may, if it thinks proper, require the production of documentary evidence of the charge conformably to the prescription of article VIII hereof. ARTICLE XIV. The expense of the arrest, detention, and transportation of the person claimed shall be paid by the government in whose name the requisition has been made. ARTICLE XV. All articles found in the possession of the accused party and obtained through the commission of the act with which he is charged, or that may be used as evidence of the crime or offense for which his extradition is demanded, shall be seized if the competent authority shall so order, and shall be surrendered with his person. The rights of third parties to the articles so found shall nevertheless be respected. ARTICLE XVI. A person surrendered to or delivered up by either of the contracting parties by virtue of a convention of extradition with a third party and not being a citizen of the country of transit, may be conveyed in transit across the territory of the other, if the convenient course of travel from or to the country to which he has been surrendered shall lie in whole or part within such territory. The contracting party delivering up or receiving such surrendered person shall make application for such purpose to the government of the country through which transit is desired, producing in support of such application a duly attested copy of the warrant of surrender issued by the government granting the extradition; and, thereupon, the proper executive authority of the country whose territory is to be so traversed may issue a warrant permitting the transit of the surrendered person transported. Such transit must be wholly accomplished within thirty days, counting from the date of the entrance of such transported person within the territory of the country of transit, after which time said person may be set at liberty if there found. This article, shall not, however, take effect until the Congress of the respective countries shall by law authorize such transit, and the issue of a warrant therefor. ARTICLE XVII. Each of the contracting parties shall exercise due diligence in procuring the extradition and prosecution of its citizens who may be charged with the commission of any one of the crimes or offenses mentioned in article II, exclusively committed in its territory against the government or any of the citizens of the other contracting party, when the person accused may have taken refuge or be found within the territory of the latter, provided the said crime or offense is one that is punishable, as such, in the territory of the demanding country. ARTICLE XVIII. The present convention shall take effect from the date of the exchange of ratifications, but its provisions shall be applied to all cases of crimes or offenses enumerated in article II which may have been committed since the 24th day of January, 1899. ARTICLE XIX. The convention shall continue in effect until six months after a desire for its termination shall have been expressed in due form by one of the two governments to the other. It shall be ratified by both contracting parties, and its ratifications shall be exchanged at the City of Mexico as soon as possible. In witness whereof, the respective plenipotentiaries have signed the present convention both in the English and Spanish languages and thereunto affixed their seals. Done in duplicate at the City of Mexico this 22nd day of February, 1899. Concluded December 22, 1899; ratification advised by Senate February 8, 1900; ratified by President February 14, 1900; ratifications exchanged May 5, 1900; proclaimed May 7, 1900. This convention further extended the duration of the convention of March 1, 1889, for one year. 1900. WATER BOUNDARY CONVENTION. Concluded November 21, 1900; ratification advised by Senate December 15, 1900; ratified by President December 24, 1900; ratifications exchanged December 24, 1900; proclaimed December 24, 1900. (U. S. Stats., vol. 31, p. 1936.) Whereas the United States of America and the United States of Mexico desire to give full effect to the provisions of the Convention concluded and signed in Washington March 1, 1889, to facilitate the execution of the provisions contained in the Treaty signed by the two High Contracting Parties on the 12th of November 1884, and to avoid the difficulties arising from the changes which are taking place in the beds of the Bravo del Norte and Colorado Rivers in those parts which serve as a boundary between the two Republics; And whereas the period fixed by Article IX of the Convention of March 1, 1889, extended by the Conventions of October 1, 1895, November 6, 1896, October 29, 1897, December 2, 1898, and December 22, 1899, expires on the 24th of December, 1900; And whereas the two High Contracting Parties deem it expedient to indefinitely continue the period fixed by Article IX of the Convention of March 1, 1889, and by the sole article of the Convention of October 1, 1895, that of November 6, 1896, that of October 29, 1897, that of December 2, 1898, and that of December 22, 1899, in order that the International Boundary Commission may be able to continue the examination and decision of the cases submitted to it, they have, for that purpose, appointed their respective Plenipotentiaries, to wit: The President of the United States of America, John Hay, Secre tary of State of the United States of America; and a See Supplementary Extradition with Mexico (p. 551). The President of the United States of Mexico, Manuel de Azpiroz, Ambassador Extraordinary and Plenipotentiary of the United States of Mexico 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 Article: ARTICLE. The said Convention of March 1, 1889, as extended on the several dates above mentioned, and the Commission established thereunder shall continue in force and effect indefinitely, subject, however, to the right of either contracting party to dissolve the said Commission by giving six months' notice to the other; but such dissolution of the Commission shall not prevent the two governments from thereafter agreeing to revive the said Commission, or to reconstitute the same, according to the terms of the said Convention; and the said convention of March 1, 1889, as hereby continued, may be terminated twelve months after notice of a desire for its termination shall have been given in due form by one of the two contracting parties to the other. This Convention shall be ratified by the two High Contracting Parties in conformity with their respective Constitutions, and the ratifications shall be exchanged in Washington as soon as possible. In testimony whereof, we, the undersigned, by virtue of our respective powers, have signed this Convention in duplicate, in the English and Spanish languages, and have affixed our respective seals. Done in the City of Washington on the 21st day of November, one thousand nine hundred. JOHN HAY SEAL. M. DE AZPÍROZ SEAL. 1902. SUPPLEMENTARY EXTRADITION CONVENTION. Concluded June 25, 1902; ratification advised by Senate March 11, 1903; ratified by President March 18, 1903; ratifications exchanged March 28, 1903; proclaimed April 3, 1903. (U. S. Stats., vol. 33, p-.) ARTICLE. Extraditable offense; bribery. The United States of America and the United States of Mexico being desirous to add the crime of bribery to the list of crimes or offenses on account of which extradition may be granted under the Convention concluded between the two countries on the 22nd day of February, 1899, with a view to the better administration of justice and the prevention of crime in their respective territories and jurisdictions, have resolved to conclude a Supplementary Convention for this purpose and have appointed as their Plenipotentiaries, to-wit: The President of the United States of America, Powell Clayton Ambassador Extraordinary and Plenipotentiary of said United States at Mexico, and The President of the United States of Mexico, Don Ignacio Mariscal, Secretary of Foreign Relations. Who, after having communicated to each other their respective full powers, which were found to be in due and proper form, have agreed to and concluded the following ARTICLE. The following crime is added to the list of crimes or offenses numbered 1 to 20 in the second Article of the said Convention of February 22, 1899, on account of which extradition may be granted, that is to say: Bribery, defined to be the giving, offering or receiving of a reward to influence one in the discharge of a legal duty. The present Convention shall be ratified and the ratifications shall be exchanged at the City of Mexico as soon as possible. It shall come into force ten days after its publication in conformity with the laws of the High Contracting Parties, and it shall continue and terminate in the same manner as the said Convention of February 22, 1899. In testimony whereof the respective Plenipotentiaries have signed the present Convention in duplicate and have hereunto affixed their seals. Done in duplicate at the City of Mexico, in the English and Spanish languages, this twenty-fifth day of June one thousand nine hundred and two. [SEAL. SEAL. POWELL CLAYTON |