Gambar halaman
PDF
ePub

ARTICLE 14

All proceedings relative to the salvage of American vessels wrecked upon the coasts of Belgium, and of Belgian vessels wrecked upon the coasts of the United States, shall be directed by Consuls-general, Consuls, and Vice-Consuls of the two countries respectively, and until their arrival, by the respective Consular Agents, wherever an agency exists. In the places and ports where an agency does not exist, the local authorities, until the arrival of the Consul in whose district the wreck may have occurred, and who shall immediately be informed of the occurrence, shall take all necessary measures for the protection of persons and the preservation of property. The local authorities shall not otherwise interfere than for the maintenance of order, the protection of the interests of the salvors if they do not belong to the crews that have been wrecked, and to carry into effect the arrangements made for the entry and exportation of the merchandise saved. It is understood that such merchandise is not to be subjected to any custom-house charges, unless it be intended for consumption in the country where the wreck may have taken place.

ARTICLE 15

In case of the death of any citizen of the United States in Belgium, or of a citizen of Belgium in the United States, without having any known heirs or testamentary executor by him appointed, the competent local authorities shall inform the Consuls or Consular Agents of the nation to which the deceased belongs of the circumstance in order that the necessary information may be immediately forwarded to parties interested.

3

ARTICLE 16

The present convention shall remain in force for the space of ten years, counting from the day of the exchange of the ratifications, which shall be made in conformity with the respective Constitutions of the two countries, and exchanged at Brussels within the period of six months, or sooner if possible. In case neither party gives notice, twelve months after the expiration of the said period of ten years, of its intention not to renew this convention, it shall remain in force one year longer, and so on from year to year, until the expiration of a year from the day on which one of the parties shall have given such notice.

In faith whereof, the respective Plenipotentiaries have signed this Convention, and have hereunto affixed their seals.

Done at Brussels, in duplicate, the fifth day of December, eighteen hundred and sixty-eight.

See footnote 1, p. 478.

H. S. SANFORD

[SEAL]

JULES VANDER STICHELEN

[SEAL]

TRADEMARKS

Additional article signed at Brussels December 20, 1868, supplement

ing treaty of July 17, 1858

Senate advice and consent to ratification April 12, 1869
Ratified by the President of the United States April 18, 1869
Ratified by Belgium May 10, 1869

Ratifications exchanged at Brussels June 19, 1869

Entered into force June 19, 1869

Proclaimed by the President of the United States July 30, 1869
Terminated July 1, 1875 1

16 Stat. 765; Treaty Series 26

The President of the United States of America and his Majesty the King of the Belgians, deeming it advisable that there should be an additional article to the treaty of commerce and navigation between them of the 17th July, 1858,2 have for this purpose named as their plenipotentiaries, namely: the President of the United States, Henry Shelton Sanford, a citizen of the United States, their minister resident near his Majesty the King of the Belgians; and his Majesty the King of the Belgians, the Sieur Jules Vander Stichelen, grand cross of the Order of the Dutch Lion, &c., &c., &c., his minister of foreign affairs; who, after having communicated to each other their full powers, have agreed to and signed the following:

ADDITIONAL ARTICLE

The high contracting parties, desiring to secure complete and efficient protection to the manufacturing industry of their respective citizens, agree that any counterfeiting in one of the two countries of the trade marks affixed in the other on merchandise, to show its origin and quality, shall be strictly prohibited, and shall give ground for an action of damages in favor of the injured party, to be prosecuted in the courts of the country in which the counterfeit shall be proven.

The trade marks in which the citizens of one of the two countries may wish to secure the right of property in the other, must be lodged, to wit: the marks of citizens of the United States, at Brussels, in the office of the clerk

1

Pursuant to notice of termination given by the United States July 1, 1874. 2 TS 20, ante, p. 454.

of the tribunal of commerce; and the marks of Belgian citizens, at the Patent Office in Washington.

It is understood that if a trade mark has become public property in the country of its origin, it shall be equally free to all in the other country.

This additional article shall have the same duration as the before-mentioned treaty of the 17th July, 1858, to which it is an addition. The ratifications thereof shall be exchanged in the delay of six months, or sooner, if possible.

In faith whereof, the respective plenipotentiaries have signed the same, and affixed thereto their seals.

Done at Brussels in duplicate, the twentieth of December, eighteen hundren and sixty-eight.

[blocks in formation]

EXTRADITION

Convention signed at Washington March 19, 1874

Senate advice and consent to ratification March 27, 1874
Ratified by the President of the United States March 31, 1874

Ratified by Belgium April 16, 1874

Ratifications exchanged at Brussels April 30, 1874

Proclaimed by the President of the United States May 1, 1874
Entered into force May 20, 1874

Superseded December 18, 1882, by convention of June 13, 18821

18 Stat. 804; Treaty Series 27

The United States of America and His Majesty the King of the Belgians having judged it expedient with a view to the better administration of justice, and to the prevention of crimes within their respective territories and jurisdiction that persons convicted of or charged with the crimes hereinafter specified, and being fugitives from justice should, under certain circumstances, be reciprocally delivered up, have resolved to conclude a Convention for that purpose, and have appointed as their Plenipotentiaries; the President of the United States of America, Hamilton Fish, Secretary of State of the United States, and His Majesty the King of the Belgians, Maurice Delfosse, His Majesty's Envoy Extraordinary and Minister Plenipotentiary in the United States; who after reciprocal communication of their full powers, found in good and due form, have agreed upon the following Articles, to wit:

ARTICLE I

The Government of the United States and the Government of Belgium mutually agree to deliver up persons, who having been convicted of or charged with any of the crimes specified in the following article, committed within the jurisdiction of one of the contracting parties, shall seek an asylum, or be found within the territories of the other: Provided that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his or her apprehension and commitment for trial, if the crime had been there committed.

1TS 30, post, p. 501.

ARTICLE II

Persons shall be delivered up who shall have been convicted of or be charged, according to the provisions of this Convention, with any of the following crimes:

1. Murder, comprehending the crimes designated in the Belgian penal code by the terms of parricide, assassination, poisoning and infanticide. 2. The attempt to commit murder.

3. The crimes of rape, arson, piracy and mutiny on board a ship, whenever the crew or part thereof, by fraud or violence against the commander, have taken possession of the vessel.

4. The crime of burglary, defined to be the act of breaking and entering by night into the house of another with the intent to commit felony; and the crime of robbery, defined to be the act of feloniously and forcibly taking from the person of another goods or money by violence or putting him in fear, and the corresponding crimes punished by the Belgian laws under the description of thefts committed in an inhabited house by night, and by breaking in by climbing or forcibly; and thefts committed with violence or by means of threats.

5. The crime of forgery, by which is understood the utterance of forged papers, and also the counterfeiting of public, sovereign or government acts.

6. The fabrication or circulation of counterfeit money, either coin or paper, or of counterfeit public bonds, bank notes, obligations, or, in general, anything being a title or instrument of credit; the counterfeiting of seals, dies, stamps and marks of state and public administrations, and the utterance thereof.

7. The embezzlement of public moneys committed within the jurisdiction of either party by public officers or depositaries.

8. Embezzlement by any person or persons, hired or salaried, to the detriment of their employers, when the crime is subject to punishment by the laws of the place where it was committed.

ARTICLE III

The provisions of this Treaty shall not apply to any crime or offence of a political character, nor to any crime or offence committed prior to the date of this treaty, except the crimes of murder and arson, and the person or persons delivered up for the crimes enumerated in the preceding article shall in no case be tried for any crime committed previously to that for which his or their surrender is asked.

ARTICLE IV

Neither of the contracting parties shall be bound to deliver up its own citizens or subjects under the stipulations of this Convention.

« SebelumnyaLanjutkan »