Art. X. Consuls-General, Consuls, Vice-Consuls or Consular Agents shall be at liberty to go on board the vessels of their nation admitted to entry, either in person, or by proxy, and to examine the Captain and crew, to look into the register of the ship, to receive declarations with reference to their voyage, their destination, and the incidents of the voyage, also to draw up manifests, lists of freight, to assist in dispatching their vessels, and finally to accompany the said Captains or crews before the Courts and before the administrative authorities, in order to act as their interpreters or Agents in their business transactions or applications of any kind. The judicial authorities and Custom House officials shall in no case proceed to the examination or search of merchant vessels, without previous notice to the Consular authority of the nation to which the said vessels belong, in order to enable them to be present. They shall also give due notice to Consuls, Vice-Consuls or Consular Agents in order to enable them to be present at any depositions or statements to be made in Courts of law, or before local magistrates, by Captains or persons composing the crew, thus to prevent errors or false interpretations which might impede the correct administration of justice. The notice to Consuls, Vice-Consuls or Consular Agents shall name the hour fixed for such proceedings, and upon the non-appearance of the said officers or their representatives, the case shall be proceeded with in their absence. Art. XI. Consuls, Vice-Consuls or Consular Agents shall have exclusive charge of the internal order of the merchant vessels of their nation. They shall have therefore the exclusive power to take cognizance of and to settle all differences which may arise at sea or in port between Captains, Officers and crews in reference to wages and the execution of mutual contracts, subject in each case to the laws of their own nation. The local authorities shall in no way interfere, except in cases where the differences on board ship are of a nature to disturb the peace and public order in port or on shore, or when persons other than the officers and crew of the vessel are parties to the disturbance. Except as aforesaid, the local authorities shall confine themselves to the rendering of forcible assistance if required by the Consuls, Vice-Consuls or Consular Agents, and shall cause the arrest, temporary imprisonment and removal on board his own vessel of every person whose name is found on the muster rolls or register of the ship or list of the crew. Art. XII. Consuls-General, Consuls, Vice-Consuls or Consular Agents shall have the power to cause the arrest of all sailors or all other persons belonging to the crews of vessels of their nation who may be guilty of having deserted on the respective territories of the High Contracting Powers, and to have them sent on board or back to their native country. To that end they shall make a written application to the competent local authority, supporting it by the exhibition of the ship's register and list of the crew, or else, should the vessel have sailed previously, by producing an authenticated copy of these documents, showing that the persons claimed really do belong to the ship's crew. Upon such request the surrender of the deserter shall not be refused. Every aid and assistance shall moreover be granted to the said Consular authorities for the detection and arrest of deserters, and the latter shall be taken to the prisons of the country and there detained at the request and expense of the Consular authority, until there may be an opportunity for sending them away. The duration of this imprisonment shall not exceed the term of three months, at the expiration of which time, and upon three days notice to the Consul, the prisoner shall be set free and he shall not be liable to rearrest for the same cause. Should, however, the deserter have committed on shore an indictable offence, the local authorities shall be free to postpone his extradition until due sentence shall have been passed and executed. The High Contracting Parties agree that seamen, or other individuals forming part of the ship's crew, who are citizens of the country in which the desertion took place, shall not be affected by the provisions of this Article. Art. XIII. In all cases where no other agreement to the contrary exists between owners, freighters and insurers, all damages suffered at sea by the vessels of the two countries, whether they enter the respective ports voluntarily or by stress of weather, shall be settled by the Consuls-General, Consuls, Vice-Consuls or Consular Agents of their respective nation, provided no interests of citizens of the country, where the said functionaries reside, nor of citizens of a third power are concerned. In that case, and in the absence of a friendly compromise between all parties interested, the adjudication shall take place under supervision of the local authorities. Art. XIV. In the event of a vessel belonging to the Government, or owned by a citizen of one of the two Contracting States, being wrecked or cast on shore upon the coast of the other, the local authorities shall inform the Consuls-General, Consuls, Vice-Consuls or Consular Agents of the district of the occurrence, or if such Consular Agency does not exist, they shall communicate with the Consul-General, Consul, Vice-Consul or Consular Agent of the nearest district. All proceedings relative to the salvage of American vessels wrecked or cast on shore in Austro-Hungarian waters, shall be directed by the United States Consuls-General, Consuls, Vice-Consuls or Consular Agents, also all proceedings relative to the salvage of Austro-Hungarian vessels, wrecked or cast on shore in American waters, shall be directed by AustroHungarian Consuls-General, Consuls, Vice-Consuls or Consular Agents. An interference of the local authorities in the two countries shall take place for the purpose only of assisting the Consular authorities in maintaining order and protecting the rights of salvors not belonging to the crew, also for enforcing the regulations relative to the import or export of the merchandise saved. In the absence and until the arrival of the Consuls-General, Consuls, Vice-Consuls or Consular Agents or their duly appointed delegates, the local authorities shall take all the necessary measures for the protection of persons and preservation of the property saved from the wreck. No charges shall be made for the interference of the local authorities in such cases except for expenses incurred through salvage and the preservation of property saved, also for those expenses which, under similar circumstances, vessels belonging to the country where the wreck happens would have to incur. In case of a doubt concerning the nationality of the wrecks, the local authorities shall have exclusively the management and execution of the provisions laid down in the present Article. The High Contracting Parties also agree that all merchandise and goods not destined for consumption in the country in which the wreck takes place, shall be free of all duties. Art. XV. Consuls-General, Consuls, Vice-Consuls and Consular Agents, also Consular Pupils, Chancellors and Consular Officers shall enjoy in the two countries all the liberties, prerogatives, immunities and privileges granted to functionaries of the same class of the most favoured nation. Art. XVI. In case of the death of a citizen of the United States in the Austrian-Hungarian Monarchy, or of a citizen of the Austrian-Hungarian Monarchy in the United States, without having any known heirs or testamentary executors by him appointed, the competent local authorities. shall inform the Consuls or Consular Agents of the State, to which the deceased belongs, of the circumstance, in order that the necessary information may be immediately forwarded to the parties interested. Art. XVII. The present Convention shall remain in force for the space of ten years from the date of the exchange of the ratifications, which shall be made in conformity with the respective Constitutions of the two countries, and exchanged at Washington, within the period of ten (10) months, or sooner, if possible. In case neither of the Contracting Parties gives notice before the expiration of the said term of its intention not to renew this Convention, it shall remain in force a 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 testimony whereof the respective Plenipotentiaries have signed this Convention and hereunto affixed their respective seals. Done, in duplicate, at Washington, the elevent day of July in the year of our Lord one thousand eight hundred and seventy. Hamilton Fish. Lederer. Nouv. Recueil Gén. 2o S. I. D 16. AUTRICHE-HONGRIE, ÉTATS-UNIS D'AMÉRIQUE. Convention pour la protection réciproque des marques de commerce; signée à Vienne, le 25 novembre 1871*). Treaties and Conventions. Rev. Ed. 1873. App. p. 906. Oesterr. Reichsgesetzblatt. 1872. No. 66. Texte anglais. His Majesty the Emperor of Austria, King of Bohemia etc., and Apostolic King of Hungary, and the United States of America, desiring to secure, in their respective territories, a guarantee of property in Trade Marks, have resolved to conclude a special Convention for this purpose, and have named as their Plenipotentiaries: His Majesty the Emperor of Austria and Apostolic King of Hungary: the Count Julius Andrássy of Csik Szent Király and Kraszna-Horka, His Majesty's Privy Counsellor and Minister of the Imperial House and of Foreign Affairs, Grand Cross of the order of St. Stephen etc.; and the President of the United States of America: John Jay, their Envoy Extraordinary and Minister Plenipotentiary from the United States of America to His Imperial and Royal Apostolic Majesty; who have agreed to sign the following articles: Art. I. Every reproduction of Trade Marks, which in the countries or territories of the one of the contracting parties are affixed to certain merchandize to prove its origin and quality, is forbidden in the countries or territories of the other of the contracting parties, and shall give to the injured party ground for such action or proceedings to prevent such reproduction, and to recover damages for the same, as may be authorized by the laws of the country in which the counterfeit is proven, just as if the plaintiff were a citizen of that country. The exclusive right to use a Trade Mark for the benefit of citizens of the United States in the Austro-Hungarian Empire, or of citizens of the Austro-Hungarian Monarchy in the territory of the United States, cannot exist for a longer period than that fixed by the law of the country for its own citizens. If the Trade Mark has become public property in the country of its origin, it shall be equally free to all in the countries or territories of the other of the two contracting parties. Art. Il. If the owners of Trade Marks, residing in the countries or territories of the one of the contracting parties, wish to secure their rights in the countries or territories of the other of the contracting parties, they *) En allemand, en hongrois et en anglais. Les ratifications ont été échangées à Vienne, le 22 avril 1872. must deposit duplicate copies of those marks in the Chambers of Commerce. and Trade in Vienna and Pesth and in the Patent office at Washington. Art. III. The present arrangement shall take effect ninety days after the exchange of ratifications, and shall continue in force for ten years from this date. In case neither of the high contracting parties give notice of its intention to discontinue this Convention twelve months before its expiration, it shall remain in force one year from the time that either of the high contracting parties announces its discontinuance. Art. IV. The ratifications of this present Convention shall be exchanged at Vienna within twelve months or sooner if possible. In faith whereof the respective Plenipotentiaries have signed the present Convention, as well in German and Hungarian, as in English, and have affixed thereto their respective seals. Done at Vienna the twenty fifth day of November in the year of our Lord one thousand eight hundred and seventy one, in the twenty third year of the reign of His Imperial and Royal Apostolic Majesty and in the ninety sixth year of the Independence of the United States of America. Andrássy. 17. BELGIQUE, ÉTATS-UNIS D'AMÉRIQUE. Convention d'extradition signée à Washington, le 19 mars 1874*). U. S. Statutes at Large. 43a Congr. 1st Sess. p. 120. 1er mai 1874. Texte français. Moniteur belge du Les États-Unis d'Amérique et Sa Majesté le Roi des Belges, ayant gé opportun, en vue d'une meilleure administration de la justice, et pour révenir les crimes dans leurs territoires et juridiction respectifs, que les dividus condamnés ou accusés du chef des crimes ci-après énumérés, et ui se seraient soustraits par la fuite aux poursuites de la justice, fussent ans certaines circonstances réciproquement extradés, ont résolu de conclure ne convention dans ce but, et ont nommé pour leurs Plénipotentiaires, voir: le Président des États-Unis d'Amérique, Hamilton Fish, Secrétaire Etat des États-Unis; Sa Majesté le Roi des Belges, Maurice Delfosse, nvoyé Extraordinaire et Ministre Plénipotentiaire de Sa Majesté aux * En français et en anglais. Les ratifications ont été échangées à Bruxelles, 30 avril 1874. D2 |