Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1861-11-26
OFFICIAL.
BY THE PRESIDENT OF THE UNITED STATES OF
AMERICA.


Whereas a convention for the adjustment of
claims of citizens of the United States against the
republic of Costa Rca, concluded between the
United States of America and that republic. and
signed by their respective penipOtentiaries 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 for
word as tolows:-
Contention for the adjustment of claims of citizens of
the United States against the republic Of Costa Rica
The United States of America and the republic of
COSTA Iiica, desiring adjust tho claims o citi-
zens of said states against Costa Rca, in such a
manner as to cement the good understanding and
friendly relations now happily subsisng between
the two republics, have resolved to settle such
claims by means of conventions and for that
purpose appointed and conferred fall powers re-
spectively, TO wit:
The president OF the United States on Alexander
Dilnitry, minister resident OF said United States
in Inc republic of Costa Rica, and his eXcellency
the constitutional president OF said republic of
costa Rica on Manuel Jose Carazo and Francisco
Maria Iglesias, who, upon an exchange of their
plenary powers, which were found III good and
proper form. have agreed to the following arti-
cles:-
ARTICLE l. II 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 their property, under any form whatsoever.
through the action of authorities of the republic OF
Costa Kica statements CT which, soliciting the 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 Jose, OF Costa Rlca 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 Il board of commits
sioneis, consisting of two members, who shall be
appointed in the following manner: One by the gov
ernment of the United States OF America, and one
by the government OF the repubhc OF Costa Rca:
Provided, however, that claim of any citizen of
the United States, who may be proved to have been
a beligereut during the occupation of Nicaragua by
the troops OF Costa RCa. the exercise OF author
it by the latter within the territory 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 incapacity, of
either commissioners or in the event of either com
miSsioner's omtting 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 ill the vacancy
thus occasioned
meet at the city of Washington, within ninety days
from the exchange OF the Publications of this con-
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 impartlally de
eide, according to the principles OF justice and OF
equity and to the spuiatiOns of treaty, upon all the
claims laid before them, under the provisions of
tbis convention by the government of the United
States and in 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
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, or upon
any point or points OF difference which may arise in
the course ofther proceedings. And il they cannot
agree in the selection, the arbitrator, or umpire
shall be appointed by the minister of his majesty the
king of the Belgans 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 g. The arbitrator, or umpire being APP
pointed, the commissioners shall, without delay,
proceed to examine and determine the claims which
NAV be presented TO them under the provisions OF
this convention, by the government of the United
States as stated in the preceding article and they
shall hear if 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 III It's 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.
limb or life Of any OF said citizens, damages COM
mitted 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 in which said commls
soners cannot agree the points of difference shall
be referred to the arbitrator or umpire before whom
each of the commissioners may be heard, ana his
decision shall be final.
ARTICLE l. The commissioners shall issue certif-
Gates of the to be paid to the claimants respec-
tyely 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 decl eed by
the certificates of award made by the commission
ers, in either manner above Indicated and OF the
sums also accruing from such certificates of award
as the arbitrator, 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 to the government of the
United States in the city of Washington, i'll equally
semannual instalments 1t is, however, hereby
agreed, by the contracting parties that the payment
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 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
semi annually) at the rate of six per cent per
| mum from the day which the awards, respective
| w. will have been dec1eed.
renublic OF Costa Rica hereby specially approprates
ffy per cent of the net proceeds of the revenues,
arising from the customs of the said republics but il
| such ann opriation should prove insufficient to
| make tie payments as above stipulated, the govern