Page images
PDF
EPUB

[2nd Peace of Paris. Claims of British Subjects.]

No. 46.-CONVENTION between Great Britain and France, relative to the Claims of British Subjects. Signed at Paris, 20th November, 1815.*

[This Convention was annexed to the Definitive Treaty of the same date. Sce Arts. IX, XII.]

[blocks in formation]

Convention between Great Britain and France, concluded in conformity with Article IX of the Principal Treaty, relative to the Examination and Liquidation of the Claims of the Subjects of His Britannic Majesty against the Government of France.

1. Claims of British Subjects on French Government.

2. Claims for Confiscated Stock. Conditions in favour of Creditors to be added to amount of Stock. Date of New Inscriptions. Exceptions. 3. Life Annuity Claims. Date of New Inscriptions. Claimants to Produce Vouchers. Certificates of Death of Deceased Annuitants.

4. Arrears of Perpetual and Life Annuities to be Inscribed in Great Book of Public Debt. Date of New Inscriptions.

5. Rules for Determining Capital due on Immovable Property. Proofs to be produced by British Subjects. Facilities to be afforded by French Government. Determination of Value of Immovable Property. Capital to be Inscribed in Great Book of Public Debt. Interest on Arrears due upon Capital.

6. Rules determining Capital due on Arrears. Proofs to be produced by Claimants. Capital allowed to be Inscribed in Great Book of Public Debt. Arrears of Interest to be Inscribed in Great Book of Public Debt. Vessels, Ships, Cargoes, and Movable Property not to be admitted to Liquidation.

7. Claims for Loans and Mortgages on Sequestered Property. Claims to be paid in Inscriptions on the Great Book. Advantages secured to Claimants by Edicts or Decrees.

8. Division of Inscriptions arising to each Creditor.

9. Capital to be Inscribed as a Fund of Guarantee in the Name of Commissioners. Commissioners to receive the Interest for the Profit of Creditors. Amount of Inscriptions to be increased to meet the necessary Payments.

10. Certificates to be Delivered to Creditors.

11. Certificates to be Inscribed in the Great Book of the Public Debt. Interest and Capital to be paid to Creditors by the Commissioners.

* This Convention was distinguished as “No. 7” in the Papers laid before Parliament.

The Commissioners appointed under this Convention were:-Mr. Colin Alexander Mackenzie, Mr. George Lewis Newnham, Mr. George Hammond, Mr. David Richard Morier, Mr. James Drummond. Their appointments were dated 27th December, 1815.

See also Convention of 25th April, 1818.

Авт.

[2nd Peace of Paris. Claims of British Subjects.]

TABLE (continued).

12. Delay to be allowed to Claimants.

13. Appointment of Commissioners. Liquidation, &c., of Sums allowed by Commissioners. Certificates to be Delivered on Claims being allowed. 14. Commission of Arbitration. Vacancies in either Commission to be Filled up without Delay. Absent Commissioner of Liquidation to be Replaced by one of the Arbitrators. Absent Commissioner of Arbitration to be replaced by a Commissioner of Liquidation. Oath to be taken by New Commissioners.

15. Oath to be taken by Commissioners of Liquidation, Deposit, and Arbitration. Power to Commissioners to call Witnesses.

16. Time of Restoration of French Colonies of Martinique and Guadaloupe. 17. Restoration of Prisoners of War.

Additional Article.

Bordeaux Claims.

(English Version.*)

Convention between Great Britain and France, concluded in conformity with Article IX of the Principal Treaty, relative to the Examination and Liquidation of the Claims of the Subjects of His Britannic Majesty against the Government of France.

Claims of British Subjects on French Government.

ART. I. The Subjects of His Britannic Majesty having Claims upon the French Government, who, in contravention of Article II of the Treaty of Commerce of 1786,† and since the 1st of January, 1793, have suffered on that account, by the Confiscations or Sequestrations decreed in France, shall, in conformity with Additional Article IV of the Treaty of Paris, of the year 1814 (No. 1), themselves, their heirs, or assigns, Subjects of His Britannic Majesty, be indemnified and paid, when their Claims shall have been admitted as legitimate, and when the amount of them shall have been ascertained, according to the forms, and under the conditions, hereafter stipulated.

Claims for Confiscated Stock.

ART. II. The Subjects of His Britannic Majesty, holders of permanent Stock under the French Government, and who on that account have, since the 1st of January, 1793, suffered by the Con

* For French version, see "State Papers," vol. iii, p. 342.
+ Commerce only.

[2nd Peace of Paris. Claims of British Subjects.]

fiscations or Sequestrations decreed in France, shall themselves, their heirs or assigns, Subjects of His Britannic Majesty, be inscribed in the Great Book of the Consolidated Debt of France, for an amount of Stock equal to the amount of the Stock they possessed prior to the Laws and Decrees of Sequestration or of Confiscation above-mentioned.

Conditions in favour of Creditors to be added to amount of Stock.

In the cases in which the Edicts or Decrees constituting the above-mentioned Stock shall have added thereto profitable conditions or favourable chances, account shall be had thereof in favour of the Creditors, and an addition, founded upon a just evaluation of such advantages, shall be made to the amount of the Stock to be inscribed.

Date of New Inscriptions.

The New Inscriptions shall bear date, and bear Interest, from the 22nd of March, 1816.

Exceptions.

Such Subjects of His Britannic Majesty, who, by receiving their annuities at a 3rd, after the 30th of September, 1797, have submitted themselves by their own act to the Laws existing upon this subject, are excepted from the above-mentioned dispositions.

Life Annuity Claims.

ART. III. Such of the Subjects of His Britannic Majesty, or their heirs or assigns, subjects of His Britannic Majesty, as possessed Life Annuities from the French Government, before the Decrees of Confiscation or Sequestration, shall equally be inscribed upon the Great Book of the Life Annuities of France, for the same sum of Life Annuities as they enjoyed in 1793. Such of the Subjects of His Britannic Majesty, however, as have changed the nature of their Claims, by receiving their Annuities at a 3rd, and thus by their own act have submitted themselves to the Laws existing upon this subject, shall be excepted from the above dispositions.

Date of New Inscriptions.

The New Inscriptions shall bear date, and bear Interest, from the 22nd March, 1816.

[2nd Peace of Paris. Claims of British Subjects.]

Claimants to Produce Vouchers.

Prior to the delivery of the New Inscriptions, the Claimants shall be bound to produce Certificates, according to the usual forms, declaring that the persons in whose names their Life Annuities were constituted are still alive.

Certificates of Death of Deceased Annuitants.

With respect to those of the above-mentioned subjects of His Britannic Majesty possessing Life Annuities in the names of persons who are dead, they shall be bound to produce Certificates of Demise, in the usual forms, stating the period of the decease: and in that case the Annuities shall be paid up to such period.

Arrears of Perpetual and Life Annuities to be inscribed in Great Book of Public Debt.

ART. IV. Such arrears of the Perpetual and Life Annuities as shall have been liquidated and allowed, and as shall be due up to the 22nd March next exclusively, save the cases of exception specified in Articles II and III, shall be inscribed in the Great Book of the Public Debt of France, at the rate which shall be the medium price between par and the current market price of the day, at the date of the signature of the present Treaty.

Date of New Inscriptions.

The Inscriptions shall bear date, and bear Interest, from the 22nd March, 1816, inclusively.

Rules for determining Capital due on Immovable Property.

ART. V. In order to determine the capital due on Immovalle Property which belonged to Subjects of His Britannic Majesty, to their heirs or assigns, equally Subjects of His Britannic Majesty, and which was Sequestrated, Confiscated, and Sold, the following process shall be had :

Proofs to be produced by British Subjects.

The said Subjects of His Britannic Majesty shall be obliged to produce: 1st, the Deed of Purchase, proving their proprietorship; 2ndly, the Acts proving the facts of the Sequestration, and of the Confiscation against themselves, their ancestors, or assignors, subjects of His Britannic Majesty. In default, however, of all proofs in writing, considering the circumstances under

[2nd Peace of Paris. Claims of British Subjects.]

which the Confiscations and Sequestrations took place and those which have since arisen, such other proof shall be admitted as the Commissioners of Liquidation hereafter mentioned shall judge sufficient in lieu thereof.

Facilities to be afforded by French Government.

The French Government further engages to facilitate, by every means, the production of all Titles and Proofs serving to substantiate the Claims to which the present Article refers, and the Commissioners shall be authorised to make all search, which they shall judge necessary, to arrive at such information, and to obtain the production of such Titles and Proofs; they shall also be empowered to examine upon oath, in case of need, such persons employed in the public offices as may have it in their power to point them out or to furnish them.

Determination of Value of Immovable Property.

The value of the said Immovable Property shall be determined and fixed by the production of an extract of the "Matrice" of the "Rôles" of the "Contribution Foncière" for the year 1791, and at the rate of twenty times the revenue mentioned in the said "Rôles."

If the "Matrices" should no longer exist, and that it should therefore be impossible to produce the extracts, the claimants shall be authorised to furnish such other proofs as shall be admitted by the Commission of Liquidation mentioned in the following Articles.

Capital to be Inscribed in Great Book of Public Debt.

The Capital thus liquidated and allowed shall be inscribed upon the Great Book of the Public Debt of France, at the rate which has been fixed in Article IV for the Inscription of the arrears of the Annuities; and the Inscriptions shall bear date, and shall bear Interest, from the 22nd of March next inclusively.

Interest on Arrears due upon Capital.

The Arrears upon the said Capital, from the period of its Sequestration, shall be calculated at the rate of 4 per cent. per annum, without deduction, and the whole amount of those arrears, up to the 22nd March next exclusively, shall be inscribed in the Great Book of the Public Debt of France, at the rate above

« PreviousContinue »