Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1862-01-09
OFFICIAL.
BY TIE PRESIDENT or TIE UNITED STATES OF
AMERICA.


claims OF citizens of The United States against the
republic OF Costa ldca, concluded between the
United States of America and ina! replnhc' and
was signed by their respective peWpoientlaries at
San Jose. on the second "ay OF july, one thousand
eight hundred and sixty, ich convention being in
tile English and spanish languages, Is word ioI
word. as follows
Coareaiioa for adjustment Of claims of riii-ens Of
he United States against tie republic Of Costa kica.
The United States OF America ami the republic Of
Costa Riea, desiing to ADJUST the claims OF citi-
zeliS of saG states against Costa Rica, in such
manner as 10 cement the good understanding and
friendly relations now happily subsis;iHg 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-
SpCctiyely. TO Wit:
Dimitry, minister resident OF said United States
| i'll the republic OF COSTA Rca, and his eNcellency
the constitutional president OF said republic of
osta Rica on Manuel Jose Carazo and Francisco
Maria lsesiaS, WHO, upon an exchange of their
plenary powers. which were found in good and
a eFoper i0'" have agreed 10 the following aF'l-
! ARTICLE / II is agreed that all claims of citizens
of the United 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 ca statements CT which, soliciting The inter
| position OF tie government OF the United States,
have been presented to the department of state. at
Washington. 10 the diplomatic SagentS of said
United States at San Jose, Of Costa Rica up to the
date Of the signature of this convention, snail,
gether with the documents i'll proof, on which they
NAV be founded. be referred to a board OF commits.
sOncrs, consisting OF two members, who shall be
appointed in the following manner: One by The gov
| erument of the United States OF America ~ one
by the government OF tile republic OF Costa Rica:
! Provided, however, that claim of any citizen OF
the United States. who may be proved TO have been
a beigerent during the occupation of Nicaragua by
the troops OF Costa kca ON the exercise OF author
ly by the latter within the territory Of the former.
shall be considered as one proper for the action OF
| the board of commissioners herein provided for.
III of the DEATH absence, or incapacity, of
either commissioner, in the event of either COM
! missioner's emitting or ceasing to act the govern
MON nff hn Sfqfas Af IS
the republic of Costa Iica, respectively, the min
lister OF the latter in the United States acting by its
direction, shall forthwith proceed to fill the vacancy
! thus OccaSOIed.
! ARTICLE .. The commissioners so named shall
meet at the city of Washington within ninety DAYS
from the exchange OF the Publications of this
Yen1ion; and, before proceeding TO business they
shall, each OF them, exhibit solemn oath, made
and subscribed before competent authority Tint
they will carefully examine into, and impartiay de-
eide, according 10 the principles OF justice and of
equity and to the stpuatons of treaty, upon all the
claims laid before them, under the provisions OF
ms convention, by the government of the United
/ States, and in accordance with such evidence MS
shall be submitted to them on the part OF said Uni
ted States and OF the republic of Costa Rca respec
lively. And their cath, TO such effect shall be en-
tered upon the record of their proceedings.
! said commissioners shall then proceed to name an
| arbitrator ar ,,r,,,;,o ,a,;1, -. - -
cases, concerning which they may dsag gree, or upon
any point or points OF difference which may arise i'll
the course OF their proceedings And if they cannot
agree IN The selection, the arbitrator or umpire,
shall be appointed by the minister of lis majesty the
Ming o he De slais, 10 the United States, whom the
Two mgh contracting powers shall invite to make
such appointment, and whose selection shall be
conclusive OH both parties.
ARTICLE g. The arbitrator, 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
Tins convention, by the government of the United
states as stated IN the preceding article; and they
shall hear ii required one person i'll 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
oIates referred 10 Tie board, under the provisions
OF Inc INST Altlcle'
In cases whether touching injuries o the person,
limb or lie OF any OF said citizens, or damages
mltted as stipulated III the first article against their
| properly IN winch the commissioners may agree to
| award an indemnify they shail determine the
amount to pc paid In cases i'll which said commits.
Sioneis cannot agree the points of difference shall
De Leierreu 10 te arbitrator or umpire before whom
| each OF the commissioners may be heaId and lis
ueclsl0n snail be final.
ARTICLE / The commissioners shall issue certif-
caIeS ol Inc sums 10 De PAID TO the Claimants respec
tlfel4' whether by virtue OF tile awards agreed 10
between thenSeiN es, or OF those made by them, in
pursuance OF decisions OF the lGitratOr, umpire;
and the aggregate amount - said sums. dccieed by
the ceIuncates OF a"aid made b! the commission.
efs' III elmer manner above indicated, and OF the
sums aiso aecfuihg rom Such certificates of award
Us me al curator or umpire may lLuer the author
y hereinafter conferred by the seventh article, a'
made and issued, with the rate of interest stipulated
IN me present aitlcie III favor OF any claimant or
claimants shall be paid TO the government of the
United States; III The city OF Washington, i'll equally
semi-annual instruments. 1t is, however, heI eby
agreed, by the contracting parties, that the payment
Of the first installmen shall be made eight months
/ from the termination Of the ia bors of the commits
SION and after such first payment, the second and
each succeeding one, shall be made semi annually.
| counting fl ON the date OF tile first payment. ala
| the whole payment Of such aggregate amount or
I amounts, shall be perfected within the term of ten
years from the termination of said commissions and
each of said sums shall bear interest taso PAYABLE
semi annually at the rate of six per cent per all
mum. from the day on which the awards respective
| ly. Will have been decleed.
To meet these payments, the government of the
republic of Costa Rca hereby specially aplhopriates
fifty per cent Of the proceeds OF the revenues
arising from the customs Of the said republics but if
| such app Opration should prove Insufficient to
/ make the payments above stipulated, the GOVERN
Of said republic binds itself to provide other
means for that purpose.
! ARTICLE g. The commISsiC n herein provided shall
terminate its aboTs in nine months from and incud-
ing the day OF its organization They shall keep an
accurate record of all their proceedings and thev
may appoint secretary versed in the know edge Of
the English and of tie Spanish languages to assist
| in the transaction oftheir 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, hav-
ing accrued prior the date this convention NAV
be brought before for adjustment; and the United
States agree forever release the government of the
republic of Costa l,ica from any further accounta-
biIity for claims which shall be rejected either by
the board of commissioners 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 Tor and satisfied in
the manner agreed upon in the fourth article.
ARTIcLE7 In the event, however, that upon the
termination of the labors of said commission stpu.
Lated for i'll the fifth article of this convention, any
/ ghOuld hp hnfa