Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1861-12-28
OFFICIAL.
BY THE PRESIDENT OF THE UNITED STATES OF
AMERICA.
a ErOclnmnlIOn.

the United States against the republic Of Costa Rica.
The United States OF America and the republic OF
Costa Rica, desiring to adjust the claims OF citi-
2ens of said states against Costa Rica, IN such
manner as to cement the good understanding and
friendly relations now happily subssting between
the two republics, have resolved to settle such
claims by means of a conventions and for that
purpose appointed and conferred full powers, re-
spectively, to wit;
The president of the United States, on Alexander
Dmitry minister resident OF said United States
in the republic OF Costa Rica, and his eNcellency
the constitutional president OF said republic OF
Costa Rica on Manuel Jose Carazo and francisco
Maria Yglesias, who, upon an exchange OF their
plenary powers, which were found Ill good and
proper foim. have agreed to the following artl-
ces;-
ARTICLE l. 1t is agreed that all claims of citizens
of the United States hpon the government OF Costa
Rca, arising from injuries TO their persons, or dam
ages to their property, under any form whatsoever,
through the action OF authorities OF the republic OF
Costa Rca statements CT which, soliciting he inter
position of the government OF the United States,
have been presented to the department OF state, at
Washington, to the diplomatic agents of said
United States at San lose OF Costa Rica, up to the
date OF the signature of this convention, shall to-
gether with the documents i'll proof, on which they
may be founded, be referred TO Il board OF commits
soiieis, 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
Prov ided however, that no claim OF any citizen OF
the United States, who may be proved to lave been
beliigerent during the occupation OF Nicaragua by
the troops Of Costa Rica, the exercise author
ity, by the latter, within the territory of the former
shall be considered as one proper for the action OF
the board Of commissioners herein provided for.
In case of the death, absence, or incapacity, of
either commissioners or i'll the event of either com
missoners emitting, or ceasing TO act, the govern
ment Of the United States OF America or that of
the republic of Costa Rica, respectively, or the min
lister OF the latter in the United States, acting by its
direction, shall forthwith proceed to fill the vacancy
thus Occasioned.
T. ARTICLE 2. The commissioners so named shall
meet at the city of Washington within ninety days
from the exchange of the notifications of this con
n
shall, each OF them, exhibit a solemn oath, made
and subscribed before a competent authority that
they will carefully examine into, and mpartialy de-
eide. according to the principles of justice ard of
equity, and to the spulations 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 us
shall be submitted to them the part .Df said Uni
ted States and OF the republic OF Costa Rica, respec
lively. And their oath, TO such effect, shall be en-
tered upon the record of their proceedings.
said commissioners shalt then proceed TO name an
arbitrator, or umpire, to decide upon any
cases. concerning which they may disagree, or upon
any point points OF difference which may arise in
the course OF their proceedings And il they cannot
agree i'll the selection, the arbitrator, umpire,
shall be appointed by the minister of his majesty the
king OF the Belgans 10 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 3. The arbitrator, umpire, being ap-
pointed, the commissioners shall. without delay,
proceed TO examine and determine the claims which
may be presented to them, under tie provisions OF
this convention, by the government OF The United
States. stated in the preceding article; and they
snail hear il required, person in behalf Of each
government, every separate claim.
Each government shall furnish, upon request of
either OF the commissioners such papers i'll Its pos
session as may be deemed important TO the just de-
termination CT any claims OF citizens of the United
States, referred to the board under the provisions
of the first article.
In cases, whether touching injuries to the person,
limb, or life Oft any OF said citizens or damages
mitted, as stipulated in the first article against their
award an indemnity. they shall determine the
amount to be paid In cases i'll which said commits.
Sionefs cannot agree the points of 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 4. The commissioners shall issue certif-
Gates OF the sums to be paid TO the Claimants respec
lively, whether by virtue of the awards agreed to
between themselves, or OF those made by Them in
pursuance of decisions of the arbitrator, umpire;
and the aggregate amount OF said sums deceed by
the certificates OF award made by he commission.
ers iii either manner above Indicated and OF the
sums also accruing from such certificates of award
as the arbitrator, or umpire may, under the author
ity hereinafter conferred by tie seventh article have
made and issued, with the rate of interest stipulated
in the present article in favor OF any claimant,
claimants, shall be paid TO the government Of the
United States i'll the city of Waslin eton in equally
semannual instalments. 1t is, however hereby
agreed by the contracting parties, that the pay ment
of the first installment shall be made eight months
from the termination Of the labors of the commits
sion; and, after such first payment, the second, and
each succeeding one shall be nde semi annually,
counting from the date Of the first payment; and
the whole payment of such aggregate amount, or
amounts shall he perfected within the term of ten
years from the termination of said commission; and
each of said shall bear interest (also payable
semi annually ut the rate OF six per cent per an
from The day on which the awards, respective
", will have been decyeed.
To meet these payments, the government of the
republic OF Costa RIGA hereby specially approprates
fifty per cent OF the net proceeds OF the revenues
arising from the customs OF the said republics but if
such app opriatiOn should prove insufficient to
make the payments as above Stipulated, the govern
ment OF said republic binds itself TO provide other
means for that purpose.
ARTICLE 3. The cOamlSslt herein provided shall
terminate its laboIs in nine months from and incud
ing the day OF its organization. They shall keep an
accurate record OF all their proceedings and they
may appoint secretary, 'ersed III the knowledge of
tine English and ofthe Spanish languages 10 assist
i'll the transaction Of their business. And, for the
conduct of such business they hereby authorized
to make all necessary and lawful rules.
ARTICLE 6. The proceedings OF this commission
shall be final and conclusive, with respect TO all the
claims OF citizens Of the United States, which, hav-
ing accrued prior to the date OF this coneiioE may
be brought before it for adjustment; and the United
States agree forever TO release the government OF the
republic of Costa Ricf from any further aceounta-
bility for claims which shall be rejected, either by
the board OF commissioners. OF by the arbitrator,
umpire aforesaid; or for such as, being allowed by
either the board the umpire, the government OF
Costa Kica shall have provided Tor 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 the nth article of this conventions any
case cases should De penang before the umpire,
and awaiting his decision, it il hereby understood
and agreed by the two contracting parties that,
though the board OF commissioners may, by such
limitation, have terminated their action said umpire
is hereby authorized and empowered TO proceed to
make his decision or award i'll such
pending aforesaid and upon lis certificate there.
OF, i'll each case, transmitted to each OF the two gov
crnn.eits, mentioning the amount of indemnity, if
such shall have been allowed by him. together with
the rate OF interest specified by the fourth article,
such decision award shall be taken and held TO
be binding and conclusive, and it shall work the
same effect as though it had been made by both the
commissioners under their own agreement, by
them upon decision of the case respectively,
pronounced by the umpire of said board, during
the period prescribed for its session; Provided how
ever, That decision ON every that may be
pending at the termination OF the abors OF the
board shall be given by the umpire within sixty
days of their final adjournment and that at the ex-
piration OF the said sixty Gays the authority and
power hereby granted to said umpire shall cease.
ARTICLE 8. Each government shall pay its
commissioner; but the umpire. as well as the Incl
dental expenses of the commissioner including the
betrayal of the services of secretary, who may be
appointed under the fifth article, shall he paid one.
half by the United States. and the other half by the
Republic of Costa Rica.
ARTICLE9. The present convention shall be np-
proved and ratified by the president OF the United
States OF America, BY and with the advice and con-
sent of the senate of the said states; and by the
president of the republic of Costa Rica; with The
consent and appreciation OF the supreme legislative
power of said republic; and the publications. shall
be exchanged in the city of Washington within the
space of eight months from the date of the sigLa-
ture hereof or sooner ii possible.
In faith whereof, and by virtue of our respective
powers we, the Undersigned, have signed the pres
ent convention, in duplicate, and have hereunto
affixed our seals.
Done at the city of San Jose, on the second day
and sixty. and III the eight iourth year of the indie
pendence OF the United States of America, and of
the Independence Costa Riea the thirty-ninih.
ALEXANDER DlMITRY, [I.sl
MANUEL j. CARA/O. n. 9