Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1862-01-03
OFFICIAL.
BY THE PRESIDENT or THE UNITED STATES OF
AMERICA.

the English ANA Spanish languages, is word for
CoHrefion for tie adjustment of claims Of citizens of
lie United STATES against The republic Of Costa Roa
The United States of America and The republic of
Costa Rica, desiring to adjust the claims OF cti-
zens of said states against Costa Rica in such
manner as to cement the good understanding and
friendly relations now happily subsisting 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
Dimitry, minister resident of said United States
in the republic OF Costa Rca, and his eXcellency
the constitutional president of said republic of
Costa RIGA on Manuel Jose Carazo and Francisco
Maria Yglesias, who, upon an exchange of their
plenary powers which were found in good and
proper foIm. 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
RIGA, arising from injuries to their persons dam
ages TO their property under any form whatsoever,
through the action Of authorizes of the republic OF
Costa Rca, statements CT which, soliciting the inter
position OF the government of the United States,
have been presented 10 the department of state, at
Washington, or 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-
gether with the documents in proof, which they
may be founded, be referred TO a board OF commits.
slonerS, consisting OF two members, who shall be
appointed in the following manner; One by The gov
eminent Of the United States of America, al d one
by the government of the republic of Costa Ica:
Provided however, that claim Of any citizen Of
the United States, who may be proved TO have been
q beligerent 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 rs one proper for the action OF
the board of commissioners herein provided for
In of the death, absence, or incapacity of
either commissioner or in the event Of either com
mSSioner's emitting, ceasing to act, the govern
ment of the United States OF America, or that of
the republic OF Costa Hca, respectively, or the min
lister of the latter in the United States acting by its
direction, shall forthwith proceed to fill the vacancy
thus occasioued
Tho pon cl,ail
meet at the city OF ashlngton, within ninety days
from the exchange OF the ratihcations of this
yentiOn; and, before proceeding to business, they
shall, each OF them exhibit solemn oath, made
and subscribed before a competent authority. that
they will carefully examine into. and imparally de-
eide, according TO the principles of justice ard of
equity, and to the stpuaons 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 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
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 of their 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 Begans, 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 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 them, under the provisions OF
this convention, by The government Of the United
States. stated in the preceding article and thew
shall hear. il required, person 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 as may be deemed important the just de-
termination OF any claims OF citizens of the United
States, referred to the board under the provisions
OF the first article.
hot 4a+
limb, life OF any OF said citizens or 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 i'll which said commits
sioners cannot agree the points of difference shall
be referred to the arbitrator or umpire before whom
each of the commissioners NAV be heard and his
decision shall be final.
ARTICLE The commissioners shall issue cert;f
Gates of the sums to be paid TO the cl,ants respec-
tively whether bv virtue of the awards agreed tn
between themselves or Of those maJe by them in
pursuance of decisions of the arbitrator or umpire
and the aggregate amount of said sums decleed bv
the certificates of award made by the commission.
ers in either manner above indicated and of the
sums also accrung from such certificates of award
as the arbitrator or umpire NAV under the hor-
itv hereinafter con rrad nv a seventh ortcIa bn 20
made and issued with the rate of interest Stimulated
in the present article in favor of any claimant or
claimants shall be uaid TO the government of the
United States in the city of Washington in Equally
semi-anuual instruments IT is h9weyer LeTebv
agreed by the contracting parties that the pavment
of the first insalment shall be made eight months
from the termination of the igbors of tile commits
sion; and after such first PAYMENT the second and
each succeeding one shalt be made semi aunuaiIv
counting from the date Of tle first nDvment. ana
the whole payment of such aggregate amount or
amounts shall be periected within tho term of ten
wears from the termination of said commission nd
each of said sums shall bear interest also nayabIe
semi-annuallyl at the rate of six per cent Der an
mum. from the day on which the awards respective
" will have been tiecrped
To meet these pavneuts the Government of the
rcpuhc of Costa ;jca hereby srcinII,,
ffv rer cont nj tlp net urocan,,s nj th ra,au,,os
arising from the customs of The said renubr hut N
such app opriation should ur0ye insnficient to
make the payments as above simulated the Govern
ment of said republic binds itself TO uroyide other
means for that Iurpose
ARTICLE s. The comnlissi, n herein proyided shall
terminate its lobors in MING tnou lbs fr,, ma ci,'d
ing the tay of lis or4nnigatioT 'Thay shaii 10, NJ,
accurate record of Eli their nrocecdingS onI ~
may appoint secretary versed in lie knowieige Of
tine English and of the Spanish languages to ssie
in the transaction OF their businnss aud for tba
conduct of suc business they are hereby
to make ali necessary and lawful rules 'NeN
ARTICLE 6 The PROCEEDINGS OF fhis commission
shall he final and Conclusive with resrect In ali tha
claims of citizens of the Urited STATES which hnv
inc accrued nrorf a tbe dat Of his roI,yentioT
he brouGhf before il in. dstn,eI+. ana flo Ifnito3
States aSrec forever to release fine rovernmaut t
ranubc Of Costa Pira from an,, inrtnr onc,,t
hiiitv for claims which shall he reiactnd etIer h.
the hoard OF commissioners or nv The Arbitrator M
nmnire aforesnid on ror sIirb as heinz aIintIod h
either the hoard q, tie umnire the eovernmHen+ ~
Costa Rica shall have ryovided for AID sati6ad IN
the manner a@,raeG mon in TIC fonrtb artii '' III
ApTICTE7 In Tie event however that mon tho
termination of The labors Of said commission stipu
lated for in the fth article of This convention an,
case or cases shoud be nending before the nnnire
and awaiting his decision il iG Lerebv nndSrsfood
and apreed bv the two coufracting norties mai
thouri the board of commissioners NAV bv snch
iimitatiom b9,c terninafed teir action coid r',i
Is bereby onfhorled and emnowerad to procead re
make his decision or award in such cnse or cases
nendina as aforesaid and. unon his Certificate there
IF in each case transmitted 10 each of the two o
ernments, mentioning the amount of indemnity il