Code everywhere locally binding.

995. The provisions of this Code, and the amend ments and additions which may be made thereto, and regulations agreed on by the nations uniting in it, in order to carry its provisions into effect,' shall be binding upon all persons, officers and tribunals in such nations, anything in their local laws to the contrary notwithstanding.

1 Such regulations are contemplated by Articles 442, 445, 468, 476, 482, 538, 702, etc.

National powers, how exercised.

996. National powers mentioned in this Code without designating the department of government by which they are to be exercised, may be exercised by any department authorized by the constitution and laws of the nation..

In some cases the Code, as is usual with treaties, requires the act of a particular department, as in the case of the letters of credence of a public minister, or the passport of a ship, which must be issued by the executive department; or, as in case of extradition, which contemplates the concurrence of acts of the judiciary and the executive. In others, as in the case of the treaty-making power, the question is determined by the domestic constitution.

Powers and jurisdiction not obligatory.

997. The exercise of the powers, judicial or otherwise, declared by this Code to belong to each nation, is not obligatory upon it, except where it is expressly so declared, or where the Code gives a right which is dependent on the exercise of the power.

The Code declares the exercise of power obligatory in some cases, such as extradition. In some others it gives a right which is equivalent, as in the case of provisions allowing foreigners to sue in the courts. In most cases, as, for instance, in case of the jurisdiction to grant divorces, it merely defines the extreme limit of national jurisdiction, leaving each nation to go as far in the exercise of such judicial power, as its laws may provide.

Forging or counterfeiting public securities, &c.

998. Every person who, within the jurisdiction of

a nation, party to this Code, with, intent to defraud, forges, counterfeits, or falsely alters:

1. The great seal or principal seal of any nation or state whatever; or the seal of any court or tribunal, or public officer authorized or created by the law of any nation, or who falsely makes, forges or counterfeits any impression, purporting to be the impression of any such seal; or,

2. Any certificate or other public security issued, or purporting to have been issued under the authority of any nation whatever, by virtue of any law thereof, by which certificate or other public security the payment of any money or delivery of any property, absolutely or upon any contingency, is promised, or the receipt of any money or property acknowledged:' or,

3. Any gold or silver coin issued by the government of any nation whatever, to subserve the purposes of money, with intent to sell, utter, use or circulate the same as genuine within any nation whatever, or to injure or defraud any nation whatever, or the members thereof; or,

4. Any postage or revenue stamp of any nation whatever, or who sells, or offers, or keeps for sale as genuine, or as forged any such stamp knowing it to be forged, counterfeited, or falsely altered; or,

5. Any postal money order, certificate, receipt, or other writing for the purpose of obtaining, or receiving or of enabling any other person to obtain or receive from any nation whatever, or any of its officers or agents, or its post department any sum of money; or,

6. Any public act, record or judicial proceeding of the tribunals; or any certificate of acknowledgment or proof, or other official certificate, of any officer or agent of any nation whatever, intended for use within any nation, party to this Code;

Is guilty of a public offense.

By this and the next Article, certain offenses against the law of any

nation whatever, whether a party to the Code or not, are declared public offenses, and therefore punishable, as prescribed by Article 1003.

The Penal Code, reported for the State of New York, § 554; Act of Congress of the United States, March 3, 1825, § 27, 4 U. S. Stat. at L., 115. "The Penal Code, reported for the State of New York, § 555.

Id., §§ 557, 568.

Uttering forged instrument or coin.

999. Every person who, with intent to defraud, utters or publishes as true, within the jurisdiction of any nation, anything, the forging, altering or counterfeiting of which is hereinbefore declared to be punishable, knowing the same to be forged, altered or counterfeited, is guilty of a public offense.

The Penal Code, reported for the State of New York, § 577.

Perjury.

1000. Every person who commits perjury or subornation of perjury before a tribunal or officer of any nation, a party to this Code, on the taking of testimony pursuant to an application of a foreign tribunal, under article 664, is guilty of a public offense.

Bribery or menace of public agent.

1001. Every person who gives or offers any bribe to, or attempts, by threats or violence, or any other corrupt means, to influence any officer, agent or servant of a nation, a party to this Code, of which the person offending is not a member, or to whose jurisdiction he is not subject, in respect to any matter affecting the duty of such officer, agent or servant to his nation, is guilty of a public offense.

If a member of a nation, being within its jurisdiction, corrupt its officers, it is a matter of municipal cognizance. But if he take advantage of being in any other jurisdiction to commit the offense, or if he be a foreigner, the offense may well be cognizable by either nation.

Violation of provisions of the Code, by whom punishable.

1002. Any willful violation of a provision of this Code, whether declared to be a public offense or not, is

punishable, when jurisdiction of the person of the of fender is acquired, either by the nation aggrieved thereby, or by that within whose jurisdiction the offense was committed,

For public offenses, extradition is allowed by Article 214. The case of conflicting claims for possession of the offender, is provided for by Article 224.

Punishment for public offenses.

1003. The punishment of any act which is declared to be a public offense by the provisions of this Code, shall be that which is prescribed by the law of the place where the conviction is had, for the same or a similar infraction of its criminal law.

Punishment of other violations of the Code.

1004. Any willful violation of a provision of this Code, not otherwise provided for, is a misdemeanor punishable by fine, not exceeding the amount of the injury done, and five thousand dollars in addition thereto, or by imprisonment not exceeding one year, or by both such fine and imprisonment, in the discretion of the court.

Violation of any provision of the Code by public agent.

1005. No violation of any provision whatever of this Code, by any officer, agent, or servant of any nation, party thereto, in obedience to the lawful authorities of his nation, shall be deemed a public offense, punishable under this Code; but redress must be sought from his own nation.

Accessions of nations to this Code.

1006. Any nation may accede to this Code or any part thereof, by adopting or ratifying the same in the form prescribed by its own constitution and laws, and giving notice thereof to all the other parties.

630

OUTLINES OF AN INTERNATIONAL CODE.

1 Thus, BOOK FIRST, on PEACE, might be adopted, without the Book on WAR; or, the UNIFORM REGULATIONS FOR MUTUAL CONVENIENCE, Part III., or any of the twelve Titles therein contained, might be acceded to, separately; or, Division Second, on PRIVATE INTERNATIONAL LAW; and so of several other portions of the Code.

Rescission on adoption of Code.

1007. Any nation may in the same manner as prescribed in the last article for its adoption, rescind its adoption of the Code, as to the whole or any part of it, whether such adoption was partial or entire.

Amendments to the Code are provided for by Article 538.

Time when adoption, or rescission on adoption, of Code takes effect.

1008. The adoption of this Code by any nation shall take effect at the expiration of one year from the notice required by article 1006, unless an earlier time is fixed by the notice.

A rescission of such adoption shall take effect at the expiration of one year after notice of the rescission, unless a later time is fixed by the notice.