Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1861-11-28

n 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 repnblic, and
was signed by their respective plenpOteutaries at
san Jose on the second day of July one thousand
eight hundred and sixty. which convention being in
the English and Spanish languages, is word Tor
word. as follows
Convention for the adjustment Of claims Of citizens of
the Uaiied States against the republic Of Costa Rica.
The United States OF America ana the republic OF
Costa Rica, desiring to adjust the claims OF cit
zens of said states against Costa Rica, in such
manner as TO cement the good understanding and
friendly relations now happily subsistng between
the two republics have resolved TO settle such
claims by means of convention; and for that
purpose appointed and conferred iul powers, re-
spectiycly. TO wit:
Dimitry. minister resident said United States
in the republic OF Costa Rica, and his eXcellency
the constitutional president of said republic Of
losta Rica on Manuel lose Carazo and Francisco
Maria Yglesias, who, upon an exchange of their
plenary powers, which were found in good and
proper folm. 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
ages to their property. under any whats Oeyer
through the action OF authorities OF the republic OF
Costa Rica statements CT which, soliciting the inter
position of the government Ot the United States,
have been presented TO the department of state, at
Washington, 10 the diplomatic agents OF said
United States at San Jose, OF COSTA Rca up to the
date of the signature OF this convention, SHALL to-
Setler with the documents IN proof. which they
may be founded, be referred to a board of commits
sioners consisting OF two members who shall be
appointed in the following manner: one by he gov
ernment 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 TO have been
belligeren during the occupation of Nicaragua b.
the troops of Costa ica, the exercise OF author.
ity by the latter within tile erit Ury OF the former
shall be considered one proper for the action OF
the board OF commissioners herein provided for.
In case of the death, absence, or ncapacity, OF
either commissioner, or in the event of either
missioner's omittjng ceasng 10 act, the govern
ment of the United States OF America. or that OF
the republic of Costa Rca respectively or the min
lister OF the latter in the United States acting by its
direction shall forthwith proceed to ill the vacancy
thus occasi oned
ARTIcLE2. The commissioners so named shall
meet at the city of Washington within ninety days
from the exchange OF the Publications of this con
reniion; and, before proceeding 10 business. they
shall, each of them, exhibit solemn oath, made
thew s W1 RseSe aulhoty that
eide, according to tile principles Of justice and OF
equity and to the stipuiaions 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 tie part of said Uni
ted States and of the republic of Costa Rica respec
lively. And their oath, 10 such effect shall be en-
tered upon the record of their proceedings.
Said nI1aissorets shall chen proceed 10 name an
arbitrator umpire, 10 decide upon any case or
cases concerning which they may disagree, upon
any point points OF dife,en which may arise in
the course of their proceedings And il they cannot
agree in the selection, the arbitrator, umpire
king of the Belgans, to the United States whom the
two high contracting powers shall invite 10 make
such appointment, and whose selection shall be
conclusive on both parties.
ARTICLE g. Tie arbitrator, or umpire, being APP
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. as stated in the preceding artice and they
shall hear. if required, person in behalf of each
government, on every separate claim.
Each government shall furnish. upon request of
cff 10 n lp IFS NOS
session may be deemed important TO the just de-
termination of any claims OF citizens of the United
States, referred 10 the board under the provisions
OF the first article.
In cases. whether touching injuries 10 the person,
limb, life of any OF said citizens or damages COM
mtted as stipulated in the first article against their
property, in which the commissioners may agree TO
award an indemnity. they shall determine the
amount TO be paid. In cases i'll which said commits.
sioneTs cannot agree, the points OF difference shall
be referred TO the arbitrator umpire, before whom
each of the commissioners may be heard, and his
decision shall be final.
ARTICLE l. 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, or umpilc
and the aggregate amount of said sums, decieed by
the certificates Of award made BY the commission
crS, in either manner above indicated, and OF the
sums also accruing from such certificates of award
as the arbitrator, umpire may, under the author
y 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, i'll equally
semi-annua instruments 1t is, however, hereby
agreed, by the contracting parties, that The payment
of the first instalnen shall be made eight months
from the termination of the labors of the commits
sioni and. after such first payment the second, and
each succeeding one shall be made semi annually, |
counting iIom the date Of the first payment; and /
the whole payment of such aggregate amount, |
amounts, shall be perfected within the term of ten /
years nom the termination of said commission and
each Of said sums shall bear interest laso PAYABLE /
Sem anhuallylat the rate OF six per cent. per IN"
mum. from the day which the awards respective
ly, will have been dec-eed.
10 meet these payments, the government of the !
republic of Costa tca hereby specially appropriates
MY 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 the payments as above stipulated, the govern
inent OF sad republic binds itself to provide other
means Tor That purpose
ARTICLE 5. The commissi, herein provided shall |
terminate its abors in nine months from and includ-
ing the Gay oil Its organization. They shall keep an /
accurate record of all their proceedings and they |
may appoint secretary, versed in the knowledge of
!he Ehglsh and ofthe Spanish languages to assist !
n nne uaRsacnon OF their business. And for the
conduct OF such business they are hereby authorized
10 make all necessary and lawful rules |
ARTICLE g. The proceedings off this commission
shall e.hnal and conclusive with resnect ia iii tbc
S,iis vi ei'[ens Oh me United States which, hay
ing accrued PRIOR 10 the date of this convention may
be brought before it for adjustment and the Tinted
states agree forever TO release the government ofthe
republic OF Costa Rlca from any further accounta-
bility for claims which shall be rejected either nv
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 in the fourth article.
ARTICLE Z. In the event, however that upon the
termination of the abors of said commission stipu
lated for in the fifth article of this convention amy
case or cases should be pending before the umpire
and awaiting his decision il is 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 10
make bis decision or award in such cases
pending as aforesaid and upon his certificate there
o. III each case, transmitted 10 each OF the two gOY
ernmehts, mentioning the amount of indemnity, if
such shall have been allowed BY him together with
me rate Of interest specified by the fourth article,
sucL aeclsloh or award shall be taken and held to
same enect as though it had been made by both the
commissioners under their agreement, or by
them upon decision of the or cases respectively
pronounced by the umpire of said board during
the period prescribed for its session Provided how-
ever, That decision every case that lnav he
pending at the termination Of the abors Of tIie
board shall be given by the umpire within sixty
DAYS Of their final adiournmeut and that al lie g y
piiation OF the said sixty Gays the authority and,