The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1874-12-03
JBe DigBIano Nebs.
HILLsBOR0UGH. OHIO.
Thursday, Dec. 3. 1874.
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Official.
LAWS OF TEE .. STATES.
TR E A T Y
BETWEEN
THE UNITED STATES OF AMERICA
AND THE REPUBLIC OF PERU.
EXTRADITIoN.

La A-s~AN -
Concluded iSertem6eY. IL, 1870.
Ratification advised By 6saate Marc
81, 1871.
Ratified by President AprE IL, 1871.
Ratified by President Of Ps7'u Nay 2S
1874.
Time for erchun9e Of ratlfsations er
tended June 5, 1873.
Ratlfcahons exchanged tt Lima Mag
%, 1874.
Proclaimed July 27, 1874.
The time originally fixed for the ex
change of the ratifcations having un.
avoidably elapsed, was extended, by a
formal agreement of the parties, to
November 8, 1874, within which time
that ceremony took place, in the usual
/ form.
BY THE PRESIDENT OF THE UNITEI
STATES OF AMERICA.
A APROCLAMATION.
Whereas, treaty for the extradition
of criminals, fugitives from Justice be-
tween the United States of hmerica aud
the Republic of Peru, was concluded and
signed by their respective. Plenipoien-
tiaries at Lima on the twelfth day oi
September, in the year eiShteen hun
dred and seventy, the original of which
treaty, beiug in the English and Span
ish languages, is, word for word, as
follows
ErtrGdition treaty betceea the United
,Stutes Of America and the Republic
of Peru.
The United States of America and the Republic Of
Peru, having judged it expedient, WITH n view to
to the better administration of Justice and the pre-
veDion of crime within their respective territories
and Jurisdictions, that persons charged with the
crimes hereinafter enumerated shoHldf i1nder GER
tain circumstances, be reciprocaliy dehyered up,
have resolved to conclude treaty Tor this purpose
and have named as their respective Plenptentia-
ries, that is to saw: the Presideut Of fhe United
| States of America has appointed Ahin P. HOyey
Envoy Extraordinary and Minister Pifpipotentiary
of the United States of America near the Govern
PERU PERU has s1s Appointed His ExceIency jose
LOayza, Minister of Foreign Affairs o. Peru; who,
after hsving communicated to each csier their re-
spective full powers, found in good and true form,
have agreed npOn and concluded the following ar
ticles: g&
ARTICLE l.
1t ia agreed that the contracting parties shall, on
requisition made in their name tirough the medi-
um of their respective diplomatic agents, deliver
up to justice persons who, being Acc9sed or convict
ed of the crimes enumerated in Article III of the
present treaty, committed within the jurisdiction OF
the requiring party, shall seek 40 asylum, or shall
be found within the territories of the other: Pro
vided, That this shall be done only Then the fact
of the commission of the crime shah be so estab-
lished that the laws Of the conntgy in whichthe
fugitive person go accused shall be found would
justify his or her apprehension and commitment fol
trial If the crime had been there contnitted.
Article IL. -
eI,o Io od ubo hall he
charged according to the provisions of this treaty
with any of the following crimes, whether princ
pals, accessories, or accomplices, to wit:
| l. Murder, comprehending the crimes of parricide
assassination, poisoning, and infanticide.
2. Rape, abduction by force.
3. Bigamy.
4. Arson.
s. Kidnapping defining the same to be the taking
or carrying away of person by force or deception
| 6. Robbery. highway robbery, larceny.
T. Burglary, defined to be the action of breaking
and entering by nighttime into the house of anoth
| er person with the intent to commit felony.
| s. Counterfeiting or altering money, the intro
ductiou or fraudulent of and in false eoiT
end money; counterfeitng the certificates or obi
cations of the Government, of bank-notes, and o.
any other documents of pablo credit, the utterins
and use of the same; forging or altering judicia
| judgments or DEGREES of the Government or courts
of the seals, dies, postage-stamps and revenue
stamps of the Government, and the use of the same
forging public and authentic deeds and documents
both commercial and of banks, and the use OF thu
| same.
g. Embezzlement of public moneys committed
within the jurisdiction of either party by publi'
| officers or bailees, and embezzlement by any per
son hired or salaried.
| 10. Fraudulent bankruptcy.
| II. Fraudulent barratry.
II. Mutiny on board of vessel, when the per
sons who compose the crew have taken forcible po
session of the same or have transferred the ship
| pirates.
| l3. Severe injuries Intentionally caused on rail
roads, to telegraph Ines or to persons by means o
| explosions of mines or steam-boilers.
/ II. Piracy.
| ARTICLE III.
The provisions of the present treaty shall not b,
applied in any manner to any crime or Oftense of
purely political character, nor shall the provisions
of the present treaty be applied in any manner t
| the crimes enumerated in the second article com
mitted anterior to the date of the exchange of thu
raications thereof Neither of the contracting par
ties shall be bound to deliver up its own citizens
under the stipulations of this treaty.
ARTICLE ".
The extradition will be granted in virtue of thu
| demand made by the one Government on the other
with the remission OF condemnatory sentence, M
| order of arrest, or of any other process equiva
| lent TO such order, in which will be specified
the character and gravity of the imputed acts, ant
the dispositions of the penal laws relative to tn,
| case. The documents accompanying the demand
for extradition shall be originals certified copies
legally authorized by the tribunals or by compe
tent person. If possible, there shall be remitted a
te same Time descriptive llSL
quired, or any other proof towards his identity.
ARTIoLEV.
| If the person accused or condemned is not citi
zen of either of the contracting powers. the Govern
ment granting the extraditon will inform the Gov
ernment of the country to which the accused or con
| demned may belong of the demand made, and i
the iast-named Government reclaims the individua
on its own account for trial in its own tribunals
| the Government to which was made the demand o
eXtradiOn may at will, deliver the criminal to th'
| in tarri the
or to that to which the criminal belongs. If thu
accused or sentenced person whose extradition MAJ
| be demanded in virtue of the present convention
from of the contracting parties, should at th'
same time be the subject of claims from one o.
| other Governments simultaneously for crimes o.
misdemeanors committed In their respective terri
tories he or she shall be delivered up to that Gov
ernment in whose territories the offense committed
was of the gravest character; and when the Ofense
are of like nature and gravity, the delivery will h
made TO the Government making the first demaud
and il the dates of the demands be the same that
| the nation to which the criminal may belong vii
| be preferred.
ARTICLE VI
If the person claimed is accused or sentenced il
| the country where he may have taken refuge, for
crime or misdemeanor committed in that country
his delivery may be delayed until the definite sent
ence releasing him be pronounced, or until sucl
| time as he may have complied with the punishment
inflicted on him in the country where he took ref
uge.
ARTICLE VII
In cases not admitting of delay, and especially i
those where there is danger of escape, eac
| of the two Governments authorized by the orde
for apprehension, may, by the most expedition
means, ask and obtain The arrest of the person &C
cused or sentenced, on condition of presenting tn
said order for apprehension as soon as may be pos
sible, not exceeding four months.
ARTICLE VIII.
All expenses whatever of detention and deliver
effected in virtue of the preceding provisions sha
be borne and defrayed by the Government
whose name the requisiti0n shall have been made.
ARTICLE TX.
This treaty shall commence from the date of tn
exchange of the Publications, and shall continue
force until IL shall be abrOgrated by the contractin
parties or one of them but it shall not be abroga
ed, except by mutual consent, unless the party d.
string to abrogate it shall give twelve months pre-
vious notice.
ARTICLE Y.
The present treaty shall be ratified in conformit
with the constitutions of the two countries and th
ratifcations shall be exchanged at the cities
Washington or Lima, within eighteen month
from the date hereof, or sooner if possible.
In witness whereof we, The Plenipotentiaries {
the United States of America and the Republic
Peru, have signed and sealed these presents.
Done at the city of Lima in duplicate, Engiis
and Spanish this the twelfth day of September
the wear of our Lord one thousand eight hundre
TsEALI ALVIN P. HOvEY.
| isEALl JOSE ]. LOAYZA.
And whereas the said treaty has been duly rat
fed on both parts, and the respective ratification
were exchanged at Lima on the twenty-eighth day
May last
Now, therefore, be it known that /, ULYSSES
GRANT, President of the United States of Americ