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

the English and Spanish languages is word for
word q tollONs.-
Convention 5or ne adjustment Of claims Of citizens of
tie oiisa STATES cgaist the republic Of Costa Rica.
lie United States OF America ami the republic OF
Costa ldca, desiring to adjust the claims of citi-
zsns Of said states asainst Costa Rica, in such a
manner as 30 cement The good understanding and
i.ieNdiy relations now happily subsisting between
the t"e republics, have resolved to settle such
Claims by means OK conventions; aud for that
purpose appointed and conferred full powers,
siec1vely, 10 Wit.
The president of The United States. on Alexander
Diluitfy, minister resident OF said United States
III the republic Of Costa ldca, and his eMcellency
ihe constitutional president of said republic Of
psIa +sic2 on Manuel Jose Caiazo ana Francisco
3iafia lglesl&s, WHO, upon an exchange of their
pienary powers which were found in good and
proper form. have agreed TO the following arti-
cles:-
ARrIoLE I. Ii is agreed that ali claims of citizens
OF the nited States upon the government OF Costa
Rica, arising from injuries to their persons, dam
ages TO their property under any form whatsoever,
through the action OF authorities of the republic of
Costa aca statements eli which, soliciting the inter-
position of the government of tile United States,
have been presented to the department OF state at
Washington, or 10 lie diplomatic agents of said
United States at San Jose OF Costa Rca, up to the
date of tie signature OF this convention, shall to-
gether with the documents in proof, on which they
may BE founded be referred to board oil commits.
sioners. consisting OF two members who shall be
appointed IN the following manner: One by the gov
eminent of the United States of America, N d one
BY The government OF the republic of Costa Rca:
Provided, however, that claim of any citizen of
the United States who may be proved TO have been
beiHgerent during the occupation of Ncara qua BY
the troops OF Costa liea. the exercise author
Iy by the latter within the territory of the former
shall be considered proper Tor the action OF
tine board OF commissioners herein provided for
IN case OF the death, absence, incapacity of
either commissioner OF in the event of either COM
mssioner's emitting, or ceasing 10 act the govern
nent OF the United states OF America, or that of
the republic of Costa Rica respectively. or the min
lister the latter il the United States, acting by its
direction, shall forthwith proceed to ill the vacancy
thus occasOned.
ARTIcLE2 The commissioners so named shall
meet al tile city OF Washington, within ninety days
from the exchange OF the Publications of this CON
vention; and, before PROCEEDING TO business, they
SHALL each OF them, exhibit solemn oath, made
ami subscribed before a competent authority. that
they viii carefully examine into, and mpartially de-
clee according TO tile principles OF justice and of
equity, and 10 the siipulaOns OF treaty, upon all the
Claims laid before them, under the provisions of
this convention bv the Government of The United
States and IN accordance with such evidence as
shall be submitted 10 them on the part OF said Uni
tea States and OF the republic of Costa Rica, respec-
lively. And their oath, to such effect, shall be en-
tered upon the record of their proceedings.
said commissioners shall then proceed to name an
arbitrator. or umpire TO decide upon any or
cases concerning Wincn they may disagree, or upon
any point or points OF difference which may arise in
the course OF their proceedings And if they cannot
agree in the selection, the arbitrator. or umpire
shall be appointed BY the minister of his majesty the
king of the Belgiams to the United States whom the
two high contracting powers shall invite to make
such appointment, and whose selection shall be
conclusive OF both parties.
ARTICLE 3, Tile Arbitrator, or umpire, being ap-
pointed, the commissioners shall, without delay,
proceed 70 examine ana determine the claims which
may be presented to them. under the provisions OF
this convention, by the government of the United
States, stated III the preceding articles and they
shall hear. required, person in behalf of each
government, on every separate claim.
Each government shall furnish. upon request of
either OF lie commissioners, such papers IN its pos
session as may be deemed important to the just de-
termination any claims OF citizens of the United
States, referred TO the board, under the provisions
OF the first article.
In cases. whether touching Injuries o the person.
hmb, OF lie OF any OF sad citizens, or damages
mitted. as stipulated in the first article against their
property, in which the commissioners may agree 10
award an 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 umpire before whom
each OF the commissioners may be heard, and his
decision shall be iinal.
ARTICLE /. The commissioners shall issue certii-
Gates OF The sums to be paid to the claimants, respec
lively, whether by virtue of tile ava rIis 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, tecIeed by
the certificates OF awald made by the commission.
eTs. in either manner above indicated, and of the
sums also accruihg from such certificates of award
the arbitrator umpire, may, under the author
ity hereinafter conferred by the seventh article have
made and lsued 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 eouallv
semi-annual instruments. 1t is, however, hereby
agreed by the contracting parties, that the payment
of the first instalment shall be made eight months
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 (also PAYABLE
semi annually at the rate of six per cent per
mum. from the day which the awards respective
", will have been decTeed.
To meet these payments, the government of the
republic of Costa Rca hereby specially anproprates
ntty per cent OF the net proceeds OF the revenues,
arising from the customs Of the said republics but if
such app pnauOh fbould prove insufficient TO
make the payments rs above Stipulated, the govern
ment OF said republic binds itself provide other
means for that purpose.
AETICLE 5. The COMMUNIST, herein provided shall
terminate It's labors in nine months from and includ-
ing the day OF its organization. They shall keep an
accurate record OF al their proceedings, and they
may appoint secretary, veTsed in the knowledge Of
the English and ofthe Spanish languages to assist
i'll the transaction OF their business. And, for the
conduct ofsueh business. they are hereby authorized
to make all necessary and lawful rules.
ARTICLE 8. The proceedings of this commission
shall be fina and conclusive with respect to all the
claims OF citizens Of the United States which, hay
ing accrued prior to the date OF this convention, may
be brought before it for adjustment; and the United
States agree forever release the government of the
republic of Costa Rica from any further aecounta-
biliy for claims which shall he rejected, either by
the board Ot commissioners OF by the arbitrator or
umpire aloresadi or Tor such as being allowed by
either the board OF the umpire, the government Of
Costa kica shall have provided for and satisfied in
the manner agreed upon in the fourth article.
ARTICLE7. In The event, however, that upon the
'ainaton ofthe labOrs of said commission stipu.
afor in the NTH article of this convention, any
#--4 or cases should be pending before the umpire
g4L4 awaiting his decision, it il hereby understood
and agreed by the two contracting parties that,
though the board OF commissioners may by such
Limitation, haye terminated their action, said umpire
is hereby authorized and empowered TO proceed to
make his decision award in such case or cases
pending as aiofesaGi and upon his certificate there.
of in each case, transmitted to each OF the two gov
cTnments, mentioning the amount of indemnity, IL
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
same effect as though II had been made by both the
commissioners under their agreement or by
them upon decision OF thecase respectively,
pronounced by the umpire OF said board during
The period prescribed for its session. Provided how
ever, That decision on every case that may be
pending ut 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 eX-
piTatiOn OF the said sixty GAYS the authority and
power hereby granted to said umpire shall cease.
ARTICLE g. Each government shall pay its own
commissioner; but the umpire. as well the Incl
dental expenses Of the commissioner, including the
defrnyal Of the services of secretary, who may be
appointed under the fiih article shall be paid one
half by the United States, and the other half by the
Republic Of Costa Hiea.
ARTICLE9. The present convention shall be mp
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 stntes and by the
president of tie republic Of Costa Rca, with the
consent and appreciation OF the supreme legislative
power OF said republic; 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 il possible.
In faith whereof and by virtue of our respective
powers we, the undersigned, have signed the pres
eut conveniion 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 eighy-Ourth year of the indie
peudenee OF the United States OF America and Of
IL stff na Nhu fp-nteN