Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1861-12-30
OFFICIAL.


republic OF COSTA Iica, concluded between the
United States of America and that repuDnc, ana
was signed by their respective plenpotentareS at
San Jose, ON the second day of July one thousand
eight hundred and sixty, which convention Benign
the English and Spanish languages, is worn iof
word. as foows:-
Contention for tie adjustment Of claims Of citizens Of
The United States against he republic q Costa hica.
The United States of America and the IepuDhc OF
Costa Rica desiring TO adjust the CLAIMS OF cltl-
zens of said states against Costa Rica, i'll such a
manner as to cement the good understanding ana
friendly relations now happily subsistlng between
the two republics, have resolved TO settle such
claims by means of a convention; and for that
purpose appointed and conferred 1ull powers, re"
spectiyey, TO witt
The president of the United States, on Alexander
Diinitry 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 i'll good and
proper form. have agreed 10 the following arti-
cles:-
of the United States upon 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 tile republic OF
Costa Rica statements CT which, soliciting the inter
position of the government of the United States,
have been presented to the department OF state at
Washingt to the diplomatic agents OF said
United States at San Jose OF Costa Ica, 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 TO board OF commls'
sioners consisting of two members who shall be
appointed in the following manner: One by he gov
eminent of the United States of America, and one
by the government OF the republic of Costa RIGA:
Provided, however that no claim OF any citizen OF
the United States, who may be proved TO have been
a begerent during the occupation of Nicaragua by
the troops of Costa Rica, on the exercise OF author
y 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, incapacity, Of
either commissioner, in the event of either
missioners emitting, OF ceasing 10 act, the govern
.44 ITr,ita GfufAg fltaf NJ
the republic of Costa Iiica, respectively, the mill
lister of the latter in the United States acting by IFS
direction, shall forthwith proceed to fill the vacancy
thus occasioned
ARTICLE 2. The commissioners so named shall
meet at the city OF Washington, within ninety days
from the exchange OF the Publications of this
yention; and, before proceeding to business they
shall, each OF them, exhibit solemn oath, made
and subscribed before competent authority. that
they will carefully examine into and imparially de-
eide, according to the principles OF justice and of
equity, and TO the spulations of treaty, upon all the
claims laid before them, under the provisions of
this convention, by tile government OF the United
States, and i'll accordance with such evidence
shall be submitted TO them on the part OF said Uni
ted States and of the republic Of Costa Rica respec
lively And their oath, to such effect, shall be IL
tered upon the record of their proceedings
Said commissioners shall then proceed to name
arbitrator. or umpire, TO decide upon any case or
cases. concerning which they may disagree, upon
any point points OF difference which may arise in
the course OF their proceedings And il they cannot
agree in the selection, the arbitrator, Umpire,
shall be appointed by the minister OF his majesty the
king of the Belgians to the United States whom the
two high contracting powers shall invite to make
such appointments and whose selection shall be
conclusive on both parties.
ARTICLE 3. The arbitrator, or umpire, being APP
pointed, the commissioners shall, without delay,
proceed to examine and determine the claims which
may be presented TO themSunder the provisions OF
this convention, by the government of the United
States, stated in the preceding article; and they
shall hear. ii required, person i'll behalf of each
gOyernmela, 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, Lille OF any OF said citizens, damages
mitted, stipulated in the first article against their
property, in which the commissioners may agree to
award indemnity, they shall determine the
amount to be paid In cases in which said commits.
SioneTs cannot agree The points Of difference shall
be referred to the arbitrator or umpire, before whom
each of the commissioners may De heard, and his
decision shall be final.
ARTICLE 4. The commissioners shall issue certif-
Gates of the 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, umpre
and the aggregate amount OF said sums, decleed by
the certificates Of award made by the commission.
ers i'll either manner above Indicated, and Of the
also accruing from such certificates of award
the arbitrator, or umpire may, under the author
lily 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, in the city OF Washington, in equally
semi-annual instruments. 1t is, however, hereby
agreed, By the contracting parties that the payment
OF the first installInent shall be made eight months
from the termination of the iaboTs OF the commits
sion; and. after such first payment the second. and
each succeeding one, shall be made semi annually
counting fl ON the date Of the first payment; and
the whole payment of such aggregate amount,
amounts, shall be perfected within the term of ten
years from the termination of said commission; and
each of said sums shall bear interest also payable
sem-annually) at the rate of six per cent per an
num- from the day on which the awards, respective
ly, will have been dccyeed
To meet these payments, the government of the
republic of Costa Rica hereby specially appropriates
fifty per cent of the net proceeds of The revenues
arising from the customsof the said republics but if
such app opriation 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 5. The commissio herein provided shall
terminate its labors i'll nine months from and incud-
ing the day OF lis organization. They shall keep an
accurate record Of all their proceedings, and they
may appoint secretary, yersed in the knowledge Of
tine English and of the Spanish languages to assist
in 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 llnal and conclusive with respect to all tine
claims of citizens of the United States, which. hay
ing accrued prior to the date OF this convention. may
be brought before il for adjustment; and the United
States agree release The government OF the
republic of Costa RIGA from any further acGounta-
the board OF commissioners or by the arbitrator, or
umpire aforesaid; or for such as, being allowed by
either the board OF the umpire, the government OF
Costa Rica shall have provided for and satisfied in
the manner agreed upon i'll the fourth article
ARTICLE I. In the event. however, that upon the
termination Of the abors of said commission stipu-
lated for in the fifth article Of this conventions any
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 such
limitation, have terminated their acton said umpire
is hereby authorized and empowered TO proceed to
make his decision OR award in such case cases
pending aforesaid and, upon lis certificate there.
Of i'll each case, transmitted to each OF the gov
ernments, 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 OF award shall be taken and held to
be binding and conclusive, and it shall work the
same effect though it had been made by both the
commissioners under their agreement or by
them upon decision the case cases respectively,
pronounced by the umpire of said board, during
The period prescribed for its session; Provided how
ever, That decision every case 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 own
commissioner; but the umpire, as well the Incl
dental expenses of the commissioner including the
betrayal of the services of secretary who may be
appointed under the fifth article, shall be paid one
half by the United States and the other half by the
Republic of Costa RIGA
ARTICLE 3. The present convention shall be ap-
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 notifications shall
be exchanged in the city of Washington within the
space of eight months from the date of the sigma
ture hereof, or sooner if 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