The Portland daily press., 1875-01-29
LAWS
OF THE
UNITED STATES
PASSED AT THE
First Session Ofthe FOrty-Third Congress.
TREATY.
BETWEEN
The United States Of America and the
Republic of Peru.
EXTRADITION.

luC OuIttu CtdttS VI hulCl lSh 0hAN Univ
Republic Of Peru.
ExTR
Concluded September ~. 1870.
Ratification advised By Senate March 81, 1871.
Ratified By President 1Dril H. 1871.
Time for erchange of rat,fcati0ns extended June
5, 1873.
Publications exchanged at Lima May %, 1874.
Proclaimed July q, 1874.
The time originally fixed for the exchange of the
notifications having unavoidably elapsed was
tended, by formal agreement of the PARTIES to No
yember 8, 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 extradiiion of Criminals,
fugityes from JUSTICE between the United States OF
America and the Republic of Peru, was concluded
aa@ signed n the BY twelfth dsy of eighteen
hundred and seventy, the original OF which treaty,
being in the English and Spanish language, is, word
for word, as follows:
Ertradition treaty betsceen the United States Of
america and the Republic Of Perm.
The United States of America and the Republic of
Peru, having judged it expedient with view to the
of crime within their respective territories and Ju-
risdctions, that persons charged with the crimes
hereinafter enumerated should. under certain cir
cumstances be reciprocally delivered up, have re-
solved to conclude treaty for this purpose and have
named as their respective Penpotentiaries, that is
to say: the President of the United States Of Amer
ic has appointed Alvin P. Hovey, Envoy Extraor-
binary and Minister Plenipotertiary OF the United
States OF America near the Government OF the Re-
public of Peru; and the President Of Peru has ap-
pointed His Excellency Doctor Jose j. Loayza, Min
lister of Foreign Affairs of Peru; who, after having
communicated to each other their respective full
powers, found in good and true form. have agreed
upon and concluded the following articles:
ARTICLE l.
1t is agreed that the contracting parties SHALL on
acquisitions 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 III OF the present
treaty. committed within the jurisdiction of the
quiring party, shall seek an asylum shall be found
within the territories of the other: rorded, That
this shall be done only when the fact OF the commits
laws of the country in Which the fugitive or the per-
son accused shall be found would justify bis or
her apprehension and commitment for trial II the
crime had been there committed.
ARTIcLEn.
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 princ-
pals accessories or accomplices, to wit:
/. Murder, comprehending the crimes of parri-
eide, assassination. poisoning and infantcide.
2, Rape, abduction by force.
8. 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.
Z. Burglary, defined to be the action OF breaking
and entering by nighttime into the house OF another
person with the intent to commit a felony.
Counterfeiting altering money, the introduction
or fraudulent commerce Of and in false coin and
money! counteIfeting the certificates or Obligations
documents Of public credit the uttering and use OF
the same forging altering judicial judgments or
DEGREES of the Government or courts, OF the Seals
dies postage-stamps and revenuestamps of the Gov
eminent. and the use of the same; forging public and
| authentic deeds and documents, both commercial
and of banks, and the use Of the same.
g. ENLIGHTENMENT OF public moneys committed
| within the jurisdiction of either party by public
officers bailees, and embezzlsment by any persons
hired or salaried.
10. Fraudulent bankruptcy.
II. Fraudulent barratry.
70. Mutiny on board of vessel, when the persons
who compose the have taken forcibe possession
of the or have transferred the ship to pirates
10; Severe injuries intentionally caused SCI on rail
| explosion Of mines or steam-boilers.
IA. Piracy.
| ARTICLE III.
The provisions of the present treaty shall not b
applied in-any manner to auy crime or offense OF 9
purely political character shall the provisions
the present treaty be applied in any manner to tn
crimes enumerated in the second article committed
anterior to the date OF the exchange of the ratfca
tions hereof Neither of the contracting parties shal
be bound to deliver up its own citizens under thu
| stipnlations oil this treaty.
ARTICLE ".
The extradition will be granted in virtue of tn
| demand made by the one Government on the other
with the remission of condemnatary sentence, al
i
such order, in which will be specified the characte
and gravity of the imputed acts and the disposition
ments accompanying the demand for extraditiol
| shall be originals or certified copies, legal
authorized by the tribunals or by competent per
son. If possible, there shall be remittedat the SAM
time descriptive list of the individual required,
| any other proof towards his indentity.
| ARTICLE V.
If the person accused or condemned is not a citize
of either of the contracting powers, the Governmn
the pXtraiitinn will inform the (OVernme
| of the country to which the accused or condemns
may belong of the demand made, and If the las
| named Government reclaims the individual on it
| own account for trial in its own tribunals, tn
| Government to which was made the demand Of ex
tradition may, at Will deliver the criminal 70 Tn
or to that to which the criminal belongs If the &C
cused or sentenced person whose extradition may b
demanded in virtue of the present convention fror
one of the contracting parties, should at the sam
| time be the subject of claims from one or Othe
Governments simultaneously for crimes or mis-
demeanors committed in their respective territories
he or she shall be delivered up to that Government
| in whose territories the ofense committed was Q
the gravest character; and when the offense are Q
like nature and gravity, the delivery will be mad
| to the Government making the first demand; and
| the dates of the demands be the same. that OF Tn
| nation to which the criminal may belong will
| preferred.
| If the person claimed is accused or sentenced /
| the country where he may have taken refuge, for
crime mIsdemeanor committed in that country
his delivery may be delayed until the defnitlve sen
tence releasing him be pronounced or until sue
time as he may have complied with the punishment
inflicted on him In the country where he too
refuge.
ARTICLE VII
In cases not admitting of delay, and especially i
those where there is danger Of escape each of the tw
Governments, authorized by the order for appreher
sion, may by the most expeditions means, ask an
obtain the arrest of the accused or SENTENCED
on condition of presenting the said order for appr'
hension as soon as may be possible, not exceedin
four months.
| ARTIcrE VIII
All expenses whatever of detention and deliver
effected in virtue of the preceding provisions shall
borne and betrayed by the Government in who's
name the requistion shall have been made.
| ARTICLE TX.
This treaty shall commence from the date of tn
exchange OF the ratifications, and shall continue
force until it shall be abrogated by the conractn
parties, or one OF them but it shall not be abroga
ed except by mutual consent unless the party desi
ing to abrogate it shall give twelve months preyiou
notice.
The present treaty shall be ratified in conformit
with the constitutions of the two countries and til
Publications shall be exchanged at the cities OF Wasl
ington or Lima, within eighteen months from th
date hereof, or sooner if possible.
In witness whereof we, the Plenipotenuar1es OF IN
United States of America and the Republic OF Peru
| have signed and sealed these presents.
Done in the city of Lima in duplicate, English an
Spanish this the twelfth day of September, in tn
year of our Lord one thousand eight hundred an
fsEALl ALVIN P. HOvEY.
| [SEAL JOSE d. LoAfZA.
And whereas the said treaty has been duly rattle
on both parts and the respective notifications wer
exchanged at Lima on the twenty-eghth day OF Ma
| asst:
Now, therefore, be it known that I, ULYSSES
| GRANT President of the United States of America
have caused the said treaty to be made public to tn
end that the same and every clause and article there
of, may be Observed and fulfilled with good faith
the United States aud the citizens thereof.
In witness whereof have hereunto set my nan
and caused the seal Of the United States to be affixed
Done at the city of Washington, this twenty-sev
| enth day of July, in the year OF our Lor
| one Thousand eight hundred and seventy
IsEAL.l four, and in the Dinety -ninth year of tn
Independence of the United States {
| America
By the President:
| HAMILTON FISH,
| Secretary Of State.