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Admeasurement of ves

sels.

ARTICLE I.

That American vessels admeasured according to the aforesaid method, shall be admitted into the ports of Russia and Finland, and likewise that Russia and Finnish vessels admeasured according to the same system, shall be admitted into the ports of the United States, without being subjected, for the payment of navigation dues, to any new admeasurement whatever. These navigation dues shall be computed according to the net tonnage. A. Russian certificates of admeasurement issued since January 1, 1880, and Finnish certificates of admeasurement issued since of admeasure. May 31, 1877, shall be recognized in the United States of ment to be rec- America without any formality as regards the net tonnage of sailing or steam vessels.

Certificates

ognized.

July 24,

December 20, 1879,

July 24,

B. In like manner American certificates of admeasurement shall be recognized in Russia and Finland without any formality as regards the tonnage of American sailing vessels. American certificates of admeasurement, issued since August, 1882, shall be recognized in Russia and Finland without any formality as regards the net tonnage of American steam vessels. As the American admeasurement regulations which were in force previously to that date make no deduction for the space occupied by the machinery and its appurtenances, certificates of admeasurement of American vessels issued before the act of August 5, 1882, took effect, shall be recognized in Russian and Finnish ports without such vessels being subjected to the readmeasurement, but on condition that the navigation dues shall be computed according to the gross tonnage stated in the certificate of admeasurement. The owners or captains of such vessels shall, nevertheless, if they desire it, have a right to demand a partial readmeasurement according to Russian or Finnish rules, in order thereby to secure a reduction of such dues.

C. Inasmuch as the Russian and Finnish regulations are not entirely Readmeasurement in conformity with those of the United States of America of steam vessels. in respect to the admeasurement of steam vessels, commanders of Russian or Finnish vessels in American ports, and vice versa, shall have the right to demand the partial readmeasurement of the space occupied by the machinery, boilers, etc., according to the system in force in the port in which they are. The other figures of the certificate of admeasurement shall be taken as the basis of such readmeasurement.

D. This readmeasurement, executed in acordance with paragraphs B and C of this article, shall be performed at a rate to be established for this purpose by the local authorities.

ARTICLE II.

The above provisions shall likewise be applicable to vessels propelled by any other mechanical motor.

20th day of July,

This declaration shall take effect on the; 1st day of August, 1884, and shall remain in force until one of the contracting parties shall have made known to the other, six months in advance,

Duration of declaration.

its intention to cause its effects to cease.

In testimony whereof the undersigned have affixed their signatures to this declaration, together with the seals of their arms.

25th day of May,

Done in duplicate at Washington, this 6th day of June, 1884.

SEAL.

SEAL.

FRED'K T. FRELINGHUYSEN.
C. STRUVE.

1887.

EXTRADITION CONVENTION."

Concluded March 28, 1887; ratification advised by the Senate with amendments February 6, 1893; ratified by the President February 14, 1893; ratifications exchanged April 21, 1893; proclaimed June 5, 1893. (U. S. Stats., Vol. 28, p. 1071.)

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The United States of America and His Majesty the Emperor of all the Russias having thought proper, with a view to the better administration of justice, and for the prevention of crime in their respective territories and jurisdictions, that persons convicted of, or charged with, any of the crimes hereinafter enumerated, and having escaped from justice, should, in certain cases, be reciprocally delivered up, have resolved to conclude a Convention to this end, and have named as their Plenipotentiaries, to wit:

The President of the United States of America, Thomas F. Bayard, Secretary of State of the United States; and His Majesty the Emperor of all the Russias, Charles Struve, His Master of the Court, Envoy Extraordinary and Minister Plenipotentiary near the Government of the United States of America, and Baron Romain Rosen, His Gentleman in Waiting, Councillor of State, and Consul-General at New York; who, having communicated to each other their full powers found to be in good and due form, have agreed upon the following articles:

ARTICLE I.

The High Contracting Parties reciprocally agree to surrender to each other, upon mutual requisitions and according to their respective regulations and procedure, persons who, being charged with, or convicted of, the commission, in the territory of one of the contracting parties, of any of the crimes and offenses specified in the following article, shall seek an asylum or be found within the territory 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.

ARTICLE II.

Persons convicted of, or charged with, any of the following crimes, as well as attempts to commit, or participation in, the same, as an accessory before the fact, provided such attempt or participation is punishable by the laws of both countries, shall be delivered up in virtue of the provisions of this Convention:

1. Murder and manslaughter, when voluntary.

2. Rape, abortion.

3. Arson.

a Tucker v.

Alexandroff, 183 U. S., 424; Grin v. Shine, 187 U. S., 181; in re Grin, 12 Fed. Rep., 790.

4. Burglary, defined to be the act of breaking, and entering by night, into the dwelling-house of another, with intent to commit felony; 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; larceny, when the value of the property stolen shall exceed two hundred dollars, or three hundred roubles.

5. Forgery; and the utterance of forged papers, including public, sovereign, or governmental acts.

6. The fabrication or circulation of counterfeit money, either coin or paper, or of counterfeit public bonds, coupons of the public debt, bank notes, obligations, or, in general, of any counterfeit title or instrument of credit; the counterfeiting of seals and dies, impressions, stamps, and marks of state and public administrations, and the utterance thereof.

7. The embezzlement of public moneys by public officers or depositaries.

8. Embezzlement by any person or persons, hired or salaried, to thẻ detriment of their employers, when the value of the property so taken shall exceed two hundred dollars, or three hundred roubles.

9. Piracy, or mutiny on shipboard, whenever the crew, or part thereof, shall have taken possession of the vessel by fraud or by violence against the commander.

10. Wilful or unlawful destruction or obstruction of railroads which endangers human life.

ARTICLE III.

If it be made to appear that extradition is sought with a view to try or punish the person demanded for an offense of a political character, surrender shall not take place; nor shall any person surrendered be tried or punished for any political offense committed previously to his extradition, nor for any offense other than that for which the extradition was granted; nor shall the surrender of any person be demanded for an offense committed prior to the date at which this Convention shall take effect.

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, or of accessoriship thereto, shall not be considered a political offense or an act connected with such an offense.

ARTICLE IV.

The contracting parties shall not be required to deliver up their own citizens or subjects, in virtue of the stipulations of the present Convention.

ARTICLE V.

If the person demanded be held for trial in the country on which the demand is made, it shall be optional with the latter to grant extradition, or to proceed with the trial: Provided, that, unless the trial shall be for the crime for which the fugitive is claimed, the delay shall not prevent ultimate extradition.

ARTICLE VI.

Requisitions for the surrender of fugitives from justice, accused or convicted of any of the crimes or offenses herein before mentioned, shall be made by the diplomatic agent of the demanding Government. S. Doc. 318, 58-2-43

In case of the absence of such agents either from the country or from the seat of Government, such requisitions may be made by the superior consular officer.

When the person whose surrender is requested shall already have been convicted of the crime or offense for which his extradition is demanded, the demand therefor shall be accompanied by a copy of the judgment of the court that pronounced the sentence, bearing the seal of said court. The signature of the judge thereof shall be authenticated by the proper executive officer of the demanding Government, whose official character shall, in turn, be attested by the diplomatic agent or superior consular officer of the Government on which the demand is made.

When the person whose surrender is asked shall be merely charged with the commission of an extraditable crime or offense, the application for extradition shall be accompanied by an authenticated copy of the warrant of arrest or of some other equivalent judicial document issued by a judge or a magistrate duly authorized to do so; and likewise by authenticated copies of the depositions or declarations made before such judge or magistrate and setting forth the acts with which the fugitive is charged.

ARTICLE VII.

It shall be lawful for any competent judicial authority of the United States, upon production of a certificate issued by the Secretary of State, stating that request has been made by the Imperial Government of Russia for the provisional arrest of a person convicted or accused of the commission therein of a crime or offense extraditable under this Convention, and upon complaint, duly made, that such crime or offense has been so committed, to issue his warrant for the apprehension of such person. But if the formal requisition for surrender, with the formal proofs herein before mentioned, be not made as aforesaid by the diplomatic agent of the demanding Government, or, in his absence, by the competent consular officer, within forty days from the date of the commitment of the fugitive, the prisoner shall be discharged from custody.

And the Imperial Russian Government will, upon request of the Government of the United States, transmitted through the diplomatic agent of the United States, or, in his absence, through the competent consular officer, secure the provisional arrest of persons convicted or accused of the commission therein of crimes or offenses extraditable under this convention. But if the formal requisition for surrender, with the formal proofs herein before mentioned, be not made as aforesaid by the diplomatic agent of the demanding Government, or, in his absence, by the competent consular officer within forty days from the date of the arrest of the fugitive, the prisoner shall be discharged from custody.

ARTICLE VIII.

Articles in the possession of the fugitive that have aided the commission of the crime or offense, and any article or property which was obtained through the commission of the crime or offense charged, and, also, any other article that may serve to convict, shall, if the demand for extradition be granted, be delivered to the authorities of the demanding Government, even where, owing to the death or escape of the fugitive, extradition can not take place. Such delivery shall also

include articles of the character above-mentioned which the fugitive may have concealed or deposited in the country of refuge, and which may subsequently be found there. The rights of third parties to the above-mentioned articles shall, nevertheless, be duly respected, and they shall be returned to the owners free of expense after the conclusion of the case.

The right of the Government on which the demand for extradition is made to temporarily retain such articles, when they may be necessary for the institution of criminal proceedings occasioned by the same act that has given rise to the demand for extradition, or by any other act, is admitted.

ARTICLE IX.

In case the person whose extradition is demanded under the present Convention is also claimed by another Government, preference shall be given to the Government whose demand shall be earliest in point of time: Provided the Government from which extradition is sought is not bound by treaty to give preference otherwise.

ARTICLE X.

The expense occasioned by the arrest, detention, and transportation of persons whose extradition is requested shall be borne by the Government making the application.

ARTICLE XI.

The present Convention shall be ratified and the ratifications shall be exchanged at St Petersburg as soon as possible.

It shall take effect on the twentieth day after its promulgation in the manner prescribed by the laws in force in the territories of the contracting parties. It shall remain in force for six months after notice of its termination shall have been given by either of the contracting parties.

In witness whereof, the respective Plenipotentiaries have signed the present convention and have thereunto affixed the seals of their

arms.

Done in duplicate, at the city of Washington, on the twenty-eighth day of March, one thousand eight hundred and eighty-seven.

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AGREEMENT FOR A MODUS VIVENDI IN RELATION TO THE FUR-SEAL FISHERIES IN BEHRING SEA AND THE NORTH PACIFIC OCEAN.

Concluded May 4, 1894; ratification advised by the Senate May 9, 1894; proclaimed May 12, 1894. (U. S. Stats., vol. 28, p. 1202.)

PARAGRAPHS.

1. Sealing by United States citizens prohibited on Russian coasts.

2. Seizure of offending vessels. 3. Trials.

4. Limit of catch.
5. Retroactive force.
6. Termination at will.

For the purpose of avoiding difficulties and disputes in regard to the taking of fur-seal in the waters of Behring Sea and the North Pacific Ocean, and to aid in the preservation of seal life, the Govern

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