Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1862-01-08

BY THE PRESIDENT OF THE UNITED STATES OIL
AMERICA.

the English and Spanish languages, is word for
Contention for the adjustment Of claims of citizens of
the Onifed States against the republic Of Costa Ricd.
The United States of America and the republic of
Costa RIGA, 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 subsisting between
the two republics, have resolved 10 settle such
claims by means Of g conventions and for that
purpose appointed and conferred full powers,
The president of the United States Alexander
Dmitry, minister resident of said United States
in the republic OF Costa Rica, and his eXcellency
the constitutional president of said republic Of
osta RIGA on Manuel Jose CaTazo and Francisco
Maria Y glesias, who, upon an exchange of their
plenary powers, which found in good and
proper toIm have agreed TO the following arti-
ces:-
ARTICLE / 1t is greed that all claims of citizens
of the United States upon the government OF Costa
Rica arising from injuries to their persons or 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 TO tie department of state at
Washington, or to the diplomatic agents of said
United States at san Jose OF Costa Rica, up the
dateof the signature of this convention shall, to-
gether with the documents in proof, on which they
may be founded be referred to board OF commits
sioners, consisting OF two members, who shall be
appointed in the following manner One by the gov
erunent of the United States of America, and one
by the government of the republic of Costa Rica
Provided, however that no claim OF any citizen of
the United States, who may be proved to have been
bclhgerent during the occupation of Nicaragua by
tie troops of Costa Rca on the exercise OF author
ity by the latter within the territory of the former
shall be considered proper for the action OF
| the board OF commissioners herein provided for.
In case of the death, absence, or incapacity, of
either commissioner, or in the event of either COM
missoners emitting, or ceasing TO act, the govern
| memt of the United States OF America. or that of
the republic OF Costa Riea respectively or the min
lister OF the latter IN the United States, acting by its
direction, shall forthwith proceed TO fill the vacancy
thus occaSoned
ARTICLE 2. The commissioners so named shall
meet at the city of Washington, within ninety days
from the exchange OF the notifications of this
vention; and, before proceeding to business, they
shall, each of them, exhibit a solemn oath, made
and subscribed before competent authority. Tint
they will carefully examine into and impartally de-
eide, according to the principles of justice and of
equity ana TO the stpulauons OF treaty upon allthe
claims laid before them, under the provisions of
this convention, by the government of the United
| States ana IN accordance with such evidence rs
shall be submitted them the part OF said Uni
tea States and OF the repnblic of Costa Rica respec
lively Ana their oath, to such effect. shall be en-
tered upon the record of their proceedings.
said commissioners shall then proceed to name an
arbitrator, umpire, to decide upon any case or
cases, concerning which they may disagree, 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, umpire
shall be appointed Dy the minister OF his majesty the
king of the Begians, to the Emitted States whom the
two high contracting powers shall invite to make
such appointment, ana whose selection shall be
conclusive Oh both parties.
ARTICLE 3. The arbitrator, 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 as stated III Tie preceding article and they
shall hear il required person in behalf Of each
government, on every separate claim.
Each government shall furnish, upon request of
either Of the commissioners, such papers in 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
In cases whether touching injuries 10 the person,
limb, or life of any OF said citizens, damages
mtted as stipulated i'll 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 commits
sioners cannot agree, the points of difference shall
be referred to the arbitrator or umpire before whom
decision shall be final
ARTICLE 1. The commissioners shall issue certif-
of the to be paid to the claimants respec-
lively, whether by virtue of the awards agreed to
between themselves, OF those made by Them in
pursuance of decisions OF the arbitrator umpire;
and the aggregate amount of said sums. deceed by
the certificates OF award made by the commission.
eTs, i'll either manner above indicated, and of the
sums also aceruing from such certificates of award
the arbitrator, umpire, may, under the author
ity 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,
! claimants shall be paid to the government of the
United States, in the city OF Washington in equally
/ semi-annual 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 sums shall bear interest (aso payable
semi annually at the rate of six per cent per
mum. from the day which the awards, respective
| ~ will have been decgeed.
! % 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 customs OF the said republics but if
such app opriation should prove insufficient to
make the payments as above stipulated, the govern
ment of said republic binds itself to provide other
means for that purpose.
ARTICLE 5. The commisscn herein provided shall
terminate its labors i'll nine months from and incud-
| ing the day OF its organization They shall keep an
may appoint secretary, versed in the knowledge of
the English and OF the Spanish languages assist
IN the transaction of their business And, for the
conduct OF such business they are hereby authorized
to make all necessary and lawful rules.
| ARTICLE g. The proceedings Of this commission
shall be final and conclusive with respect to all the
claims of citizens OF the United States which, hay-
ing accrued prior the date OF this conventions may
be brought before it for adjustment and the United
States agree forever to release the government OF the
republic of Costa Rica from any further accounta-
biiity for claims which shall be rejected either by
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.
| ARTICLE1. In the event. however that upon the
termination OF the labors of said commission stipu-
lated for i'll 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 such
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 anG upon his certificate there.
Of i'll each case transmitted to each of the two row
ernmeIts, mentioning the amount Of iudemnity If
such shall have been allowed by him, together with
the rate of interest specified by the fourth article
such decision or award shall be taken and held TO
/ be binding and conclusive, and it shall work the
same effect as though it had been made by both the
/ commissioners under their own agreement or by
them upon decision of the case respectively
| pronounced by the umpire of said board, during
the period prescribed for its session Provided how
| ever, That decision every that NAV be
| pending AT the termination of the labors of the
| board shall be given by the umpire within sixty
days of their final adjournment; and that at the eN-
| piratOn OF the said sixty Gays the authority and
! power hereby granted to said umpire shall cease.
ARTICLE 8. Each government shall pay its
commissioner; but the umpire, as well the Incl
dental expenses of the commissioner, including the
betrayal of the services of secretary, who NAV be
appointed under the fifth article, shall be paid one
half by the United States, and the other half by the
| Republic of Costa Rica.
ARTIcLE9 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 RIGA, with the
consent and appreciation of the supreme legislative
power of said republics and the Publications 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
| of July, in the year one thousand eight hundred
and sixty and in the eightyiourh year of the indie
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