Wilmington daily commercial., 1874-11-24
OFFICIAL.
LAWS OF THE UNITED STATES.
the Fret Session Of the Forty~ Third Con.
Qree8.

Treaty between the United States Of America and
the Republic Of Peru Extradition Concluded
Fsed b resdee
ii 1871 Ratified by President of he May %, |
1874 Tame for exchange of ranncations extended
June D, 1873; Hatincatlons exchanged az Lima
May 20, 1916 /; Proclaimed July 2T, 1914.
The time originally fixed for The exchange OF the
ratl1cations having unayoidabiy elapsed, was es,
November ., 1874, within which time that ceremony
took place, In the usual form.
By the President OF the United States OF America.
A PROCLAMATION.
Whereas treaty for The extradItion Of criminals,
fuQtyes from justice, between the United States Of
America and the Republic OF Peru, was concluded
and signed by their respective Plenpotentiaries at
Lima on the twelfth day Of september, eighteen
being In the hngl sh and Spanish languages, is
word for word, as follows:
Extradition treaty between the United States Of
America and the Republic OF Peru.
The United States of America and the Republic
of the Peru having judged exped ent, with view
to the better administration of Justice and the pre-
venton of crime within their respective territories
and Jurisdictions, that persons charged with the
crimes herein enumerated should, under certain
circumstances be Teciprocally delivered up, have
resolved TO conclude treaty for this purpose, and
have named as their respective Plenipotentiaries,
that Is TO say: the Pres dent of the United states
Of America has appointed Alvan +. Hovoy, Envoy
Extraordinary and Minister PlenIpotentiary OF the
United states of America near the Government OF
the Republic Of Peru; and the President Of Peru
Minister Of Foreign affairs Of Peru; who, after
baving oommunca' ed to each other their respective
sS s1Teed upon and conclded the following articles
ARTICLE l.
1t is agreed that the contracting parties shall on
requ stions made In their name through the medium
OF their respective diplomatic agents. deliver up to
justice persons who, being accused or convicted OF
the crimes enumerated In Article IL of the presen
treay committed within the jurisdiction OF the
requiring party, shall seek an asylum, or shall be
found within the territories OF the other: Provided,
That this shall be done on when the fact OF the
commission Of the crime snail be so established as
that The laws of the country In which the fugitive
the person so accused shall be found would Justify
the crime had been there committed.
Article IT,
Persons shall be so delivered up who shall be
charged, according TO the provisions OF this treaty.
with any of the following crimes, whether as prin-
clpas, accessories or accomplices to Wit
/. Murder, comprehending the crimes OF parricide,
ASSASSINATION, poisoning, and infantlcde.
.. Rape, abduction by force.
0. Blgamy.
4. Arson.
8. Kidnapping, defining the same to be the takiug
OF carrying away OF person by force or deception.
8. Robbery, highway robbery, larceny.
7. Burglary defined to be the action of breaking
and ing by night time into the house OF another
person, with the intent to commit felony
g. tounterfeiting or altering money, the introduc-
tion or fraudulent commerce OF and In false coin
and money; counterfetlng the certificates or obli-
gstlons OF the Government, Of bank-notes, and of
any other documents OF public credit, the utteriDg
or DEGREES OF the Government courts OF the sea
dies, postage stamps and revenue stamps OF the
Government and the use of the same; forging pub
lie aud aut ,entic deeds and documents, both COM
mercial and OF banss and the use OF the saIno.
Q. kmbezzlement OF public moneys committed
within the jurisdiction OF either party by public
oficers or balees, and embezzement py any persous
hired or Baar1ed r.
TO- Fraudulent bankruptcy.
IL. Fraudulent barratry.
12 Mutlny on board OF vessel when the persons
VII compose the crew have taken forcble posses
sion of the same or have transferred the ship to
10. Severe injuries intentionally caused on rail-
road 10 telegraph lines. or to persons by means OF
explosions OF mines or steam boilers.
Article III.
The provisions Of the present treaty shall not be
applied any manner TO any crime or offence OF a
purely political character, nor shall the provisions
OF the present treaty be applied Ia any manner to
the crimes enumerated In the second article com
mittted anterior the date OF the exchange of the
ratincations hereof. Neither Of the contracting
parties shall be bound to deliver up Its own citizens
under the stipulations OF III treaty.
Article ~.
The extradition will be granted In virtue of the
demand made by the one Government on the other,
with the reml sion of condemnatory sentence, an
order Of arrest or any other process equivalent 10
and gravity OF the imputed acts. and the dispositions
OF the penal laws relative 10 the case The docu-
ments accompanying the den and for extradtion
shall be originals or certified cople legally author
lied by the tribunals O. by a competent leIson. IL
pOsBibl = there Bhal be rentted az the same time
de, criptve list of the individual required, or any
other proof towards his identity.
Article "
II the person accused or 'ndemned is not citl-
zen OF either OF the ntractng powers, the Govern
ment granting the extradtion WILL inform the Gov
ernment Of the country to which the accused OF
condemned may belong OF the demand made, and
II the last named Government reclalms he Ind yd'
ual on is own account for ril 10 lls own tribunals
the Government TO which was made the demand oil
extradition NAV, at WILL deliver the criminal TO the
n W Ttrtt rtrat
or 10 that to which the criminal belongs u ih'
accused or sentenced person whose extraditlor
may be demanded in virtue Of the present c0nven
ton from one of the contracting parties should a
the same time be The subject OF claims from one
other Governments simultaneously for crimes .
msdemeanors committed in the respective terrltor
ies he or shall be delivered up 10 that Governm nj
In whose territories the offense committed was
the gravest Character; and when the onenses ar
OF like nature and gravity, the delivery will b mad
10 the Government making the nrst demand an
II the dates OF the demands be the same that Of tn
nation TO which the criminal belongs Will be pre-
ferTed.
Article VI
II the person claimed is accused or sentenced 4
the country where he may have taken refuge for
crime or mlsdemeanor committed In that countr
his delivery may be delayed until the dennitve sen
tence releasing him be pronounced or until sue
time az he may have compiled with the punishment
inflicted on him In the country Where he LOOK refuge
Article VII
q In cases not edmii ting OF DELAY aud especially 4
those where there is danger Of escape. each OF h
two Governments, authorized by the order for al
prehension, may, by the most expeditions mean
ask aud OBTAIN the arrest of the person accused
sentenced, on condition OF presenting the said OF
der for apprehension soon as may be possible
not exceeding four months.
Article VIII.
All expenses whatever of detention and deliver
effected In rtue of the precr ding provision shA
be borne and betrayed py the Government In who's
name the requistion shall have been made.
Article TX.
This treaty shall commence from the date of u
exchange OF the affiliations and shall con inue
force until 1t shall be abrogated by the contractir
ted, except by mutual consent, unless the par
desiring to abrogate It shall give twelve month
previous notice.
Article x.
The present treaty shal be ratified In conforini
with the constitutions OF the two countries, and u
ratincatl0Ds sha BIZ exchanged at The cities
Washington or Lima Within eighteen months fro
the date hereof or sooner II poss.be.
In witness whereof we, the Plenlpoten aries
the United States of America and the Republic
Peru, have signed and sealed these present.. .
Done In the city OF Lima, 10 duplicate, fngli
and Spanish this the tw e fth day OF re
tember, In the year OF our Lord one tho
sand eight hundred and severity:
lsEAL ALVIN p. HONEY,
IsRALl JOSE j. L0AYZA.
And whereas the said tTea'y has been duly ratih
both part, and the respective Iatlficat ons we
exchanged at Lima on the tweniy-eighth day
May last;
Now, therefore. be 1t known that 7, ULYSSES
GRANT, President of the United states OF Amerlc
have caused the said trea tp be mad public
the end that the same, and every clause and aftl
there u, may be observed and fulfilled wi h go
faith by the United states and the clt ems there
In witness whereof have hereunto set my hal