Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1861-11-30
OFFICIAL.
pr THE PRESIDENT OF THE UNITED STATES oF
AMERICA.
a proclamation


Whereas. convention for the adjustment of
claims of citizens of the United states against the
republic of Costa Rica, was concluded between the
United States of America and that republic and
San Jose. on the second day OF July. one thousand
eight hundred and sixty which convention beng in
the English and Spanish languages, Is word for
word. as follows
Conrentioa for the adjustment Of claims Of citizens Of
he United States against The republic Of Costa Rica
The United STATES OF America ami tie republic OF
Costa Rca. desiring TO aoJuSI the claims OF citl-
zens of said states against Costa Rica, in such
manner as to cement the good understanding and
friendly relations now happily subsisting between
the two republics have resolved TO settle such
claims by means OF a invention; and for that
purpose appointed and conferred full powers,
spectiyely, to wit:
The president of the United States on Alexander
Dimitry, minister resident OF said United States
in the republic of Costa Rica, and his eNcelleney
the constitutional president of said republic Of
Costa Rica on Manuel ose CaTazo and Francisco
Maria glesias, who, upon an exchange OF their
penary powers, which were found Ill good and
proper form. have agreed to the following arti-
cles-
ARTICLE l. 1t is agreed that all claims of citizens
of the United States upon the government OF Costa
Rica, arising from injuries to their persons, or dam
ages to their property under any form whats oeyer,
through the action OF authorities OF the republic OF
Costa Rica, statements Of which, soliciting he inter
position OF the government OF tile United States,
have been presented TO the department of state at
Washington, or TO the diplomatic agents Of said
United States at San Jose, OF Costa Rica up to the
date of the signature of this convention, SHALL to-
gether with the documents in proof, OH which they
may be founded, be referred TO board of commits.
sioners, consisting OF two members, who shall be
appointed in the following manner One by The gov.
eminent of the United States of America, and one
by the government of the republic of Costa Rica
Provided, however, that claim of any citizen o!
the United States, who may be proved 10 have been
belligerent during the occupation Of Nicaragua by
the troops of Costa Rica, the exercise OF author.
ity by the latter within the DRY the former
shall be considered proper for the action OF
the board OF commissioners herein provided for.
Of taa fiunfI .at.G nrattr s.G
either commissioner, in the event of either
missioners emitting, or ceasng 10 act, the govern
ment of the United States OF America. that OF
the republic OF Costa Inca, respectively, or he nli
lister of the latter in the United States, setting by its
direction, shall forthwith proceed to fill the vacancy
thus occasi oned.
ARTICLE Q The commissioners so named shall
meet at the city of Washington, within ninety days
from the exchange OF the Publications of this cor
ventioni and, before proceeding to business, they
sliaii, each OF them, exhibit solemn oath, made
and subscribed before competent authority. that
they will carefully examine into and impariay de
eide, according 10 the principles OF justice ana OF
equity and to the stipuaions Of treaty. upon all the
claims laid before them, under the provisions OF
this convention, by the government of the United
States and in accordance with such evidence as
shall be submitted to them on the part OF said Uni
ted States and of the republic OF Costa Rca, respec
lively. And their OATH to such effect shall be en-
tered upon the record of their proceedings.
Said commissioners shall then proceed to name an
arbitrator. or umpire, to decide upon any case or
cases, concerning which they may disagree OF upon
any point points OF difference which may arise in
the of their proceedings. And if they cannot
agree in the selection the arbit ator. or umpire
shall be appointed by the minister of his majesty the
king of the Begians, TO the United States, whom the
two high contracting powers shall invite to make
such appointment, and whose selection shall be
conclusive on both parties.
ARTICLE 8. The arbitrator, or umpire, being APP
pointed the commissioners shall, without delay,
proceed to examine and determine tile claims which
may be presented to them, under the provisions OF
this convention. by the government of the United
States. stated in the preceding article; and they
choIl haar uirph tlnpso in hab of p.RI
government, on every separate claim.
Each government shall furnish, upon request of
either Of the commissioners such papers in its pos
session as may be deemed important to the just de-
termination of any claims OF citizens of the United
States, referred to the board, under the provisions
of the first article.
In cases, whether touching injuries the person,
limb life of any OF said citizens, damages
mitted, stipulated in the first article against their
property in which the commissioners may agree 10
award an indemnity. they shall determine tile
amount 10 be paid. In eases in which said commits
sioneTs agree, the points az difference shall
be referred to the arbitrator or umpire, before whom
each Of the commissioners may be heard, and his
decision shall be final.
ARTICLE l. The commissioners shall issue certifi-
Gates of the sums TO be paid TO the claimants, repeC
lively, whether by virtue of the awards agreed to
between themselves. or OF those made by them, in
pursuance OF decisions OF the arbitrator or umpire;
and the aggregate amount OF said sums decIeed by
the certificates of award made BY he commission
ers, in either manner above indicated, and of the
sums also accrulns from such certificates of award
the arbitrator or umpire, may. under the author
ty hereinafter conferred by the seventh article have
made and issued with the rate of interest stipulated
in the present article, in favor of any claimant or
claimants, shall be paid 10 the government of the
United States, in the city of Washington, in equally
semi-annual instruments. 1t is, however, hereby
agreed, by the contracting parties that the pay ment
of the first instalment shall be made eight months
from the termination OF the sbors Of the commits
sion; and after such first payment, the second and
each succeeding one, shall be made semi annually
counting from the date Of the first payment; and
the whole payment of such aggregate amount, or
amounts shall be perfected within the term of ten
years from the termination of said commission; and
each of said shall bear interest talso payable
semannually) at the rate of six per cent per
num- from the day Oh which the awards, respective
ly, will have been decreed.
70 meet these payments the government of the
republic of Costa Rica hereby specially appToprates
fifty per cent of the net proceeds of the revenues
arising from the customs of the said republic; but
such appropriation should prove insufficient to
make the payments above stipulated, the govern
ment Of said republic binds itself TO provide other
means for that purpose.
ARTICLE s. The commissit II herein provided shall
terminate its abors in nine months from and nclud-
ing the day OF its organization. They shall keep
accurate record OF all their proceedings and they
may appoint secretary, versed in the knowledge of
the English and of the Spanish languages, to assist
IN the transaction of their business. And for the
conduct OF SUCH business they are hereby authorized
TO make all necessary and lawful rules.
ARTICLE D. The proceedings of this commission
shall be- final and conclusive, with respect TO all the
claims Of citizens of the United States which hay
ing accrued prior to the date OF this convention NAV
be brought before it for adjustments and the United
States agree forever to release the government of Tho
republic of Costa RIGA from any further accoupta-
bility for claims which shall be rejected either by
the board of commissioners. or by the arbitrator or
umpire aforesaid; or for such being allowed by
either the board OF the umpire, the government OF
Costa Kica shall have provided for and satisfied in
the manner agreed upon in the fourth article.
ARTIcLE7. In the event, however, that upon The
termination of the abors of said commission stipu
lated for in the fifth article of this convention, any
case cases should be pending before the umpire
and awaiting his decision, it is hereby understood
and agreed by the two contracting parties that
though the board OF commissioners may. by sucl
limitation, have terminated their action, said umpire
is hereby authorized and empowered to proceed to
make his decision or award in such cases
pending as aforesaid and upon his certificate there
Oh IN each case, transmitted TO each of the two gov
efnments, mentioning the amount of indemnify, il
such snail nave been allowed by him, together with
the rate OF interest specified by the fourth article
sueh oeclsion or award shall be taken and held to
De plnalng and conclusive, and il shall work the
came ehect as though had been made by both the
commissioners under their own agreement or by
them upon decision of the or cases respecfiy
pronounced by the umpire of said board dnrirs
the period prescribed for its session; Proyiaed how
ever, That a decision every case that ,no,. Ia,
pending at the termination Of the Iabors ~ tlf
board shall be given by the umpire within sixt,
days Of their final adjournment andthat AT the eX
piration Of the said sixty DAYS the authority al,
power hereby granted TO said umpire shall cease