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EXEMPTION OF VESSELS FROM

READMEASUREMENT

Agreement signed at Washington February 26, 1886
Entered into force April 1, 1886

Modified by agreement of October 2 and 28, 1895 1

1

Treaty Series 70

The Government of the United States of America and the Government of His Majesty the King of Denmark, having found it expedient to enter into an agreement for the mutual exemption from readmeasurement of United States and Danish vessels in the ports of their respective countries, have authorized the undersigned to sign the following declaration.

I

Danish steam and sailing vessels shall be exempted from readmeasurement in all ports of the United States, and the net register tonnage denoted in their certificate of registry and nationality shall be deemed to be equal to the net or register tonnage of vessels of the United States, provided only, that, if in any case it shall be found that a vessel has added to her carrying capacity since the issue of her register or certificate of admeasurement, the spaces or houses so added shall be admeasured and the usual fee exacted.

II

Steam and sailing vessels of the United States shall be exempted from readmeasurement in all Danish ports, and the net or register tonnage stated in their certificates of registry shall be deemed to be equal to the net register tonnage of Danish ships; provided only, that in cases in which the certificates of vessels of the United States express the gross tonnage only, deductions of the spaces or compartments appropriated to the use of the crew of the vessel in steam and sailing vessels, and of the spaces occupied by or necessary for the propelling power in steam vessels, shall be made according to the Danish rules for admeasurement, without any expense to the vessel.

The present agreement shall take effect on the 1st of April, 1886.

Done in duplicate at Washington, D. C., this twenty-sixth day of February, 1886.

1 Post, p. 32.

259-333-71

T. F. BAYARD

P. LÖVENÖRN

[SEAL] [SEAL]

CLAIMS: THE CASE OF CARLOS
BUTTERFIELD AND COMPANY

Agreement signed at Copenhagen December 6, 1888
Senate advice and consent to ratification February 11, 1889
Ratified by Denmark April 13, 1889

Ratified by the President of the United States April 23, 1889
Ratifications exchanged at Washington May 23, 1889
Entered into force May 23, 1889

Proclaimed by the President of the United States May 24, 1889
Terminated January 22, 1890 1

1

26 Stat. 1490; Treaty Series 71

Whereas the Government of the United States of America has heretofore presented to the Kingdom of Denmark the claim of Carlos Butterfield and Company, of which Carlos Butterfield now deceased was the surviving partner, for an indemnity for the seizure and detention of the two vessels, the steamer Ben Franklin and the Barque Catherine Augusta, by the authorities of the Island of St. Thomas of the Danish West India Islands in the years. 1854 and 1855; for the refusal of the ordinary right to land cargo for the purpose of making repairs; for the injuries resulting from a shot fired into one of the vessels; and for other wrongs:

Whereas the said Governments have not been able to arrive at a conclusive settlement thereof: and

Whereas each of the parties hereto has entire confidence in the learning, ability and impartiality of Sir Edmund Monson, Her British Majesty's Envoy extraordinary and Minister plenipotentiary in Athens,

Now therefore the undersigned, Rasmus B. Anderson, Minister Resident of the United States of America at Copenhagen, and Baron O. D. RosenórnLehn, Royal Danish Minister of Foreign Affairs, duly empowered thereto by their respective Governments have agreed upon the stipulations contained in the following Articles:

ARTICLE I

The said claim of Carlos Butterfield and Company shall be referred to the said Sir Edmund Monson, Her British Majesty's Envoy extraordinary and

1 1 Date of arbitrator's award disallowing all claims.

Minister plenipotentiary in Athens, as sole arbitrator thereof in conformity with the conditions hereinafter expressed; to which end the High Contracting Parties agree to communicate to him in writing their common desire to commit the matter to his arbitration.

ARTICLE II

The Arbitrator shall receive in evidence before him duly certified copies of all documents, records, affidavits, or other papers heretofore filed in support of or against the claim in the proper department of the respective Governments, copies of which shall at the same time be furnished to the other Government. Each Government shall file its evidence before the arbitrator within seventy-five days after its receipt of notice of his acceptance of the position conferred upon him.

Each party shall be allowed seventy-five days thereafter to file with the arbitrator a written argument. The arbitrator shall render his award within sixty days after the date at which the arguments of both parties shall have been received.

ARTICLE III

The expenses of such arbitration, which shall include the compensation of a clerk at the rate of not more than two hundred dollars a month, should the arbitrator request such aid, shall be borne by the two Governments jointly in equal moieties.

ARTICLE IV

The High Contracting Parties agree to accept the decision of the arbitrator as final and conclusive and to abide by and perform the same in good faith and without unnecessary delay.

ARTICLE V

This agreement shall be ratified by each Government and the ratifications exchanged at Washington as soon as possible.

In witness whereof the respective Plenipotentiaries have signed and sealed the present Agreement in duplicate in the English and Danish languages. Done at Copenhagen, this sixth day of December in the year of our Lord, one thousand eight hundred and eighty-eight.

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TRADEMARKS AND TRADE LABELS

Convention signed at Copenhagen June 15, 1892
Senate advice and consent to ratification July 21, 1892
Ratified by the President of the United States July 29, 1892

Ratified by Denmark September 23, 1892

Ratifications exchanged at Copenhagen September 28, 1892

Entered into force September 28, 1892

Proclaimed by the President of the United States October 12, 1892

CONVENTION

27 Stat. 963; Treaty Series 72

With a view to secure for the manufacturers in the United States of America, and those in Denmark, the reciprocal protection of their Trade Marks and Trade Labels, the Undersigned, duly authorised to that effect, have agreed on the following dispositions.

ARTICLE I

The subjects or citizens of each of the High Contracting Parties shall in the Dominions and Possessions of the other have the same rights as belong to native subjects or citizens, in everything relating to Trade Marks and Trade Labels of every kind.

Provided, always, that in the United States the subjects of Denmark, and in Denmark, the citizens of the United States of America, cannot enjoy these rights to a greater extent or for a longer period of time than in their native country.

ARTICLE II

Any person in either country desiring protection of his Trade Mark in the Dominions of the other must fulfil the formalities required by the law of the latter; but no person, being a subject or citizen of one of the contracting States, shall be entitled to claim protection in the other by virtue of the provisions of this convention, unless he shall have first secured protection in his own country in accordance with the laws thereof.

ARTICLE III

This arrangement shall go into effect immediately on or after the exchange of the ratifications and shall be in force until a year after it has been recalled by the one or the other of the two High Parties.

ARTICLE IV

The present convention shall be ratified by the President of the United States of America by and with the advice and consent of the Senate thereof and by His Majesty the King of Denmark, and the ratifications shall be exchanged at Copenhagen as soon as may be within ten months from the date hereof.

In witness whereof the Undersigned have signed the present convention and have affixed thereto the seal of their arms.

Done at Copenhagen in double expedition the 15. June, 1892.

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