Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1861-11-29

4 Proclamation.
whereas. a convention for the adjustment of
claims OF citizens of the United States against the
republic Of Costa Rica, was concluded between the
Uned States of America and that republic, and
was sirucd by their respective Observation-Disclosures at
San } usc. on the second day of July. thousand
eight hundred md sixty, which convention being in
the English and Spanish languages is word Tor
word. follows
Conreifio for tie adjustment Of claims Of citizens Of
The United states against the republic Of Costa Rica.
The United States of America ami the republic Of
Costa Itca, desiring 10 adjust The claims of citi-
zens Of said states against Costa Rica, in such
manner as to cement the good understanding and
friendly relations now happily suOsistIng between
the two republics, have resolved to settle such
claims by means of a convention; and for that
purpose appointed and conferred full powers, re-
spectiyely to wit:
The president of the United States, on Alexander
DimltTy. minister resident OF SAID United States
in the republic Of Costa Rica, and his eXcellency
the constitutional p resident OF said republic Of
Costa Rica on Manuel Jose Carazo ana francisco
Maria gcsias, who, upon an exchange of their
plenary powers, which were found i'll good and
proper tom. have agreed 10 the following arti-
cles:-
NPrtclE l. 1t isagreed that all claims of citizens
OF the Uued States upon the government of Costa
lca. arising from injuries to their persons, dam
ages to their property, under any form whatsoever
through the action OF authorities of the republic OF
Costa Bca statements CT which, soliciting the inter
position of the government of the United States,
have been presented to the department of state at
Washington, or TO the diplomatic agents OF said
United States San jose Of Osia Rica, up to the
date of the signature of this convention, shall, to-
gether with the documents in proof. on which they
may be founded, be referred 10 a board of commits.
siOncrs, consisting OF Two members. VINO shall be
appoiel in The following manner: one bv the gov
erumeut OF the United States of America, and one
by the government OF the republic OF Cosa-hca:
Provided, however, that no claim OF any citizen OF
the United States. who may be proved to have been
beihgereltl during Tie Occupation OF Nlcalngua by
the troops of Costa kca. the exercise OF author
ity by the latter within the teFit DRY Of the former
shall he considered proper for the action OF
the board OF commissioners herein provided for.
In case Of the death, absence, or iucapacty, OF
either commissioner, or in the event Of either COM
nissi0nUrS emitting, ceasiEg 10 act, the govern
ment OF the United States OF America. or that of
the republic of Costa Rica respectiy civ or the min
lister OF The latter in the United States acting by its
directions shall forthwith proceed 10 fill the vacancy
thus occas oned.
meet at the city of Washington, within ninety days
from the exchange OF the ratiicatons OF this con-
yentiom and, before proceeding to business they
shall, each OF them, exhibit solemn oath, maze
and subscribed before competent authority that
they will carefully examine into and impartially de-
eide, according to the principles of Justice and OF
equity and 10 he spuiatiOns Of treaty. upon all the
claims lsil before them. under the provisions OF
ff,js COME utio by the government of the United
States, aud in accordance with snch evidence as
shall be submitted 10 them the part OF said Uni
ted States and of the r,pnbic OF Costa Bica, respec
lively. Aud their OATH to such effect, shall be
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 winch they may ulsaSTee, or upon
any point points oil difference which may arise in
the course OF their proceedings And if they cannot
agree in the selection, the arbitI atOr, umpire,
shall be appointed by the minister OF lis majesty the
king of tho Bclgans 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 ~ bitTator, umpire, being ap-
pointed, the commissioners shall. without delay,
proceed TO examine and determine the 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
shall hear il required, one person in behalf OF each
government, on every separate claim
Each government shall furnish. upon request of
either OF the commissioners, such papers in its pos
session 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 10 the person,
limb, life of any oil said citizens, or damages COM
mitted- as stipulated in the first article against their
property, in which the commissioners may agree 10
award an indemnity, they SHALT determine the
amount 40 be pad. In cases u which SAID commis.
sioners agree the points n difference shall
be referred 10 The arbitrator or umpire, before whom
each OF The commissioners may be heard, and his
decision shall he final.
ARTICLE T. The commissioners shall issue certiii-
Of the sums to be paid to the claimants, respec-
tively whether by virtue of the awards agreed to
between themselves, or OF those made by them, i'll
pursuance OF decisions Of the arbitrator, umpire;
and the aggregate amount of said sums decieed by
the certificates of award made by the commission
ers. in either manner above indicated, and OF the
also accruing from such certificates of award
as the arbitrator, umpire, may, under the author
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 to The government of the
United States, i'll the city OF Washington, in equally
semi-aHHual instalments. 1t Is, however, hereby
agreed by the contracting parties, that the payment
of the first nstallment shall be made eight months
from the termination of the ghCrs of tie commits
sion and after such first payment The second. and
each succeeding one, sall DC MADE semi annually,
counting II ON the date OF the first payment: and
the whole payment of such aggregate amount,
amounts, shall be perfected within the term of ten
wears from the termination of said commission and
each Of said shall bear interest (also payable
seiniaunuallvl at the rate Of six per cent per an
uttn frpln tlIe day on which the awards resDeciyc-
ly. will have been decTeed.
TO meet these payments. the government of the
republic Of Costa lca hereby specially apprOprjates
fifty per cent of the net proceeds OF the revenues.
arising from the customs Of the said republics but if
such appropriation should prove insufficient TO
make llle payments as above stipulated, the govern
men of said republic binds itself to provide other
means for that purpose.
AKTICLE .. The commissitn herein provided shall
terminate It's Iabors in nine months from and includ
ing the day OF its organization They shall keep
accurate record of All their proceedings and fhev
may appoint secretary yersed in the knowledge of
the English and ftlie Spanish languages. to assist
IN the irapsacton of their business. And, for the
conuuct OF such business they hereby authorized
10 make All necessary and lawful rules.
ARTICLE o. The proceedings Oft this commission
snail bennal and conclusive, with respect to all the
claims of citizens of the Uniied States which, hay-
ing accrued proIto the date OF this convention NAV
be brought before II Tor adjustment and the United
states agree forever 10 release the government the
republic Of Costa Rca from any further occouuta
biiltN Tor ci.lms winch snail be rejected by
The board Of commissioners by the arbitrator or
umpire aforesaid; for such as, being allowed by
either the board or the umpire, the government Of
Costa llca shall have provided for and satisfied in
the manner agreed upon in the fourth article.
ARTIcLE7 In the event, however, that upon the
termination ofthe labors of said commission stipu-
lated for in the fifth article Of this convention, any
case or 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 suel
limitation, have terminated their action, said umpire
is hereby authorized and empowered to proceed to
make his decision or award in such case or cases
pending as aforesaid and, upon his certificate there
Of III each case, transmitted to each Of the two gov
ernnelts, mentioning the amount of indemnity il
such shall have been allowed by him. together with
the rate Of Interest specified BY the fourth article
snch decision OF award shall be taken and held TO
pc blnuihg and conclusive. and it shall work the
same er5e Is though il had been made BY both the
cnulMleFlgae4s under their own agreement or by
lien Apna csciflQn Of the or cases respectively
pronounce ~ NE umpire Of said board duriig
The PERIOD prescribed fCI its session Provided now.
ever, That otceacn every case that NAV be-
pending IF the termination Of ihc lsbors of tic
board shall BE- giygn by The umpire within ID, IA
days Of their final Adjournment and that AZ he 81
pileiiou oil the said sixty days the authority anc
power hereby granted to said umpire shail cease