Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1862-01-14
OFFICIAL.
BY THE President OF THE UNITED STATES OF
AMERICA.
= Proclamation.


Convention for tie adjustment Of claims Of etii=ens Of
tie United States against tie republic Of Costa Ricd.
The United States OF America and the republic of
Costa Rica desiring TO adjust the claims OF citi-
Of said states against Costa Rca, in such a
manner as TO cement the good understanding and
friendly relations now happily subsising between
the two republics, have resolved TO settle such
claims by means of convention and for that
purpose appointed and conferred full powers re-
speciyely to Wit:
/ The president of the United States, Alexander
Diinitry, minister resident OF said United States
in the republic of Costa Rica, and his eNcellency
/ the constitutional president OF said republic of
costa Rca ON Manuel Jose Carazo and Francisco
Maria IglesiaS, who, upon an exchange of their
plenary powers, which were found i'll good and
! proper tOlm. have agreed TO the following art
cles:-
ARTICLE l. 1t 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 to their property, under any form whatsoever,
through the action OF authorizes of the republic Of
Costa lca 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 Rica up to the
date OF te signature of this convention, shall, to-
geher with tie documents in proof, on which they
may be founded. be referred TO board commits.
siOnerS, consisting of two members, who shall be
appointed in the following manner: one by tile gov
ernment OF the United States OF America, d one
by the government of tile republic OF Costa Rica
Provided, however, that no claim OF any citizen OF
the United States, who may be proved 10 have been
beligerent during the occupation of Nicaragua bv
lhe troops OF NOStd itlc on the exercise OF author
ly by the latter within the territory OF the former.
shall be considered one proper for tile 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
mssiOners emitting, ceasiHg TO act, the govern
ment of the United States OF America or Thai of
the republic Of Costa Rca, respectively, or the min
lister OF the latter i'll tie United States, acting by its
direction shall forthwith proceed TO fill the vacancy
ARmCLE2. The commissioners so named shall
meet at the city OF W Washington, within ninety days
from the exc hange OF the Publications of this con-
yenton 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 impartally de-
eide, according to the principles of justice and of
equity, and to the stipuatons treaty upon the
claims laid before ihem under the provisions of
this convention, by the government of the United
States, and in accordance with such evidence ms
shall be submitted TO them the part OF said Uni
ted States and ofthe 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 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, or umpire,
shall be appointed by the minister of his majesty the
king Of the Belgians, TO the United States, whomhe
two high contracting powers shall invite to make
such appointment, and whose selection shall be
conclusive on both parties.
ARTICLE 8. 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 as stated in the 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 its pos
session as may be deemed important TO the lust 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 amy OF said citizens or damages com
united, as stipulated in the first article against their
property, in which the commissioners may agree to
award an indemnify they shall determine tbe
amount to be paid In cases III which said commits
sioners cannot agree the points of difference shall
be referred TO the arbitrator umpire, before whom
decision shall be final.
ARTICLE 4. The commissioners shall issue certif-
Gates 1.-THE sums to be paid to the clamants espec-
lively, 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, deere by
the certificates OF award made by the commission.
ers, in either manner above Indicated, and of the.
sums also accruug from such certificates of award
as the arbitrator or umpire, may under the author
W 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, in equally
semi-annua instruments, 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 abors 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 the first payment: and
| the whole payment of such aggregate amount ar
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 an.
num- from the day ON which the awards, respective
| ly. will have been decreed.
TO meet these payments, the government of the
republic of Costa sica hereby specially approprates
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 simulated
ment Of said republic binds itself to provide other
means for that purpose.
/ ARTICLE .. Tie cOmmlSSit n herein nroyided shall
terminate its laboIs III nine months from and incud-
ing the day OF its organization. They shall keep an
accurate record OF all their proceedings and they
may appoint secretary, Versed i'll the knowledge of
the English and Ofthe Spanish languages to assist
IN the transaction oftheir business And, for the
conduct of such business they hereby authorized
| to make all necessary and awful rules
ARTICLE 8. The proceedings OF this commission
shall be final and conclusive with respect to all the
claims ofctizens of the United States. which, hav-
ing accrued prior the date OF this con yentiO may
be brought before it Tor adjustments and the United
States agree forever to release the government of The
republic of Costa Rica from any further accounta-
bility for claims which shall be rejected either by
the board OF commissioners, or by The arbitrator or
umpire aforesaid or Tor such as, being allowed by
either tile board OF the umpire, the government Of
Costa kica shall have provided for and satisfied in
the manner agreed upon in the fourth article.
ARTICLE I. In the event, however, that upon the
termination Of the abors of said commission Slim
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 il 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 eases
pendmgas aforesaid; and upon his certificate there
OF, III each case transmitted to each OF the two ROY
erhmehts, mentioning the amount of indemnify, 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 cases respectively
pronounced by the umpire of said board during
the period prescribed for its session; Provided how
ever, That decision on every that may be
pending at The termination of the labors of fine
board shall be given by the umpire within sixty
days of their liua adjournment and that at the eX
piratiOn OF the said sixty Gays the authority and
power hereby granted 10 said umpire shall cease.
ARTICLE 3. Each government shall paw IFS own
commissioner; but the umpire. as well as tbe incl
dental expenses of the commissioner including the
detfhyal of the services of a secretary. who may be
appointed under the fifth article, shall be paid one
half by the United States and the other half nv tho
Republic of Costa Rica ~
ARTlCLE9. The present convention shall he an
proved and ratified by the president of the United
States of America, by and with the advice and eon
sent OF the senate OF the said states; and by the
president OF the republic of Costa Rica With the !
consent and appreciation OF the supreme lepisotire
power of said republic and the latiicatioHs shon
be exchanged i'll the city of Washington within Tho
space OF eight months from the date of the signa
ture hereof, or sooner il possible
In faith whereof, and by virtue of onr resnectivo
powers we, the Undersigned have signed the nros
ent convention, i'll duplicate, and have hyrennto
affixed our seals. '''"h'0
Done at the city of San Jose, on the second dov
OF July, IN the year one thousand eight hnndred
ana SHY and III the eighy-ourth year of the inde
peluelce OF the United States of Americn and ~ |