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of the other State, requesting it to take the evidence of witnesses within its jurisdiction in legal form.
(b.) The "commission rogatoire" is transmitted
In England, by the Consul-General of France in London to the Senior Master of the Supreme Court of Judicature in England;
In France, by the British Consul to the "Procureur de la République' within whose jurisdiction the "commission rogatoire" is to be executed. (c.) The "commission rogatoire" is drawn up in the language of the authority making the request and accompanied by a translation in the language of the authority applied to.
(d.) The judicial authority to whom the "commission rogatoire" is addressed executes it by the use of the same compulsory measures as would be applied in the case of a commission emanating from the authorities of the State applied to or of a request to that effect made by an interested party in the territory of that State.
(e.) The authority making the request is, if it so desires, informed of the date and place where the proceedings asked for will take place, in order that the interested party may be able to be present either in person or by his representative.
(f.) The execution of a "commission rogatoire" can only be refused1. If the authenticity of the document is not established;
2. If the State within whose territory the execution was to have taken place considers it such as to affect its sovereignty or safety.
(g.) In case the authority applied to is without jurisdiction, the "commission rogatoire" is forwarded without any further request to the competent authority of the same State, in accordance with the rules laid down by the law of the latter.
(h.) In every instance in which the "commission rogatoire" is not executed by the authority applied to, the latter at once informs the authority making the request, stating the grounds on which the execution of the "commission rogatoire" has been refused, and in the event of the authority being without jurisdiction, the authority to whom the commission has been forwarded.
(i.) The judicial authority proceeding to the execution of a "commission rogatoire" applies, so far as the procedure to be followed is concerned, the law of its own country.
Nevertheless, an application by the authority making the request that some special procedure may be followed shall be acceded to, provided such procedure be not contrary to the law of the State applied to.
(j.) No State fees of any nature shall be levied in respect of the execution of the "commission rogatoire."
Nevertheless, the State making the request repays to the State applied to the charges and expenses payable to witnesses or experts, the costs of obtaining the attendance of witnesses who have not appeared voluntarily,
and finally, the charges payable to any person whom the competent judicial authority may have deputed to act in cases where the local law permits this to be done.
The repayment of these expenses is claimed by the authority applied to from the authority making the request when transmitting to it the documents establishing the execution of the "commission rogatoire." These charges are calculated in accordance with the tariff in force in the State applied to.
(k.) Any difficulties which may arise in respect of the transmission of the "commission rogatoire" are settled through the diplomatic channel.
(a.) The evidence may also be taken without the intervention of the local authority by the consular authority of the country before whose courts the evidence is to be used.
(b.) The consular authority may invite the attendance of witnesses and the production of documents and administer an oath, but without exercising any compulsory powers.
(c.) The consular authority takes the evidence in accordance with the laws of his own country. The parties have the right to be present or to be represented by any person who is competent to act before the tribunals of the consul's State.
(a.) If the law of the country applied to authorizes such procedure, the competent court of the State applied to may be requested to appoint a person to take the evidence. Such person may be a consular authority of the State making the request or any other person proposed by that State. (b.) In this case the court applied to takes the necessary steps to secure the attendance of witnesses and the production of documents, making use, if necessary, of its compulsory powers.
(c.) The person thus nominated has the same power to administer an oath as a judge, and persons giving false evidence before him are liable in the courts of the State applied to to the penalties provided by the law of that State for perjury.
(d.) The evidence is taken in accordance with the law of the country in which it is to be used, and the parties have the right to be present in person or represented by any persons who are competent to act before the courts of that State.
The fact that an attempt to take evidence under the procedure laid down in Article 7 has failed owing to a refusal of a witness to appear, give evidence or produce documents does not prevent an application being subsequently made to take the evidence in accordance with Article 8.
(a.) The present Convention shall come into force two months after the date on which ratifications are exchanged and shall remain in force for three years after its coming into force. In case neither of the High Contracting Parties shall have given notice to the other six months before the expiration of the said period of its intention to terminate the Convention, it shall remain in force until the expiration of six months from the day on which either of the High Contracting Parties shall have given such notice.
(b.) This Convention shall not apply to any of the Dominions, Colonies, Possessions or Protectorates of the two High Contracting Parties, but either High Contracting Party may at any time extend, by a simple notification, this Convention to any such Dominion, Colony, Possession or Protectorate. Such notification shall state the date on which the Convention shall come into force, the authorities to whom judicial and extra-judicial acts and "commissions rogatoires" are to be transmitted, and the language in which communications and translations are to be made.
Each of the High Contracting Parties may, at any time after the expiry of three years from the coming into force of the extension of this Convention to any of its Dominions, Colonies, Possessions or Protectorates, terminate such extension on giving six months' previous notice.
(c.) This Convention shall also not apply to Scotland or Ireland; but His Britannic Majesty shall have the right to extend the Convention to Scotland or Ireland on the conditions set forth in the preceding paragraph in respect of Dominions, Colonies, Possessions or Protectorates.
In witness whereof the Undersigned have signed the present Convention and have affixed thereto their seals.
Done in duplicate at London, the 2nd day of February, 1922.
(L.S.) CURZON OF KEDLESTON. (L.S.) SAINT-AUCLAIRE.
AGREEMENT BETWEEN THE UNITED STATES AND FRANCE MODIFYING THE PROVISIONS OF ARTICLE VII OF THE CONVENTION OF NAVIGATION AND COMMERCE OF JUNE 24, 1822.1
Signed at Washington, July 17, 1919; ratifications exchanged at Washington, January 10, 1921.
The Government of the United States of America and the Government of the French Republic, being desirous of modifying the provisions of Article VII of the Convention of Navigation and Commerce concluded between them on June 24, 1822, have authorized the undersigned, to wit:
The Honorable Frank L. Polk, Acting Secretary of State of the United States, and
1 U. S. Treaty Series, No. 650.
His Excellency Mr. J. J. Jusserand, Grand Officer of the National Order of the Legion of Honor, Ambassador of France at Washington, To conclude the following Agreement:
It is agreed between the High Contracting Parties that Article VII, of the Convention of Navigation and Commerce, concluded between the Government of the United States and the Government of France on June 24, 1822, shall be modified and replaced by the following:
"The present temporary Convention shall be in force for two years from the first day of October next, and even after the expiration of that term, until the conclusion of a definitive treaty, or until one of the parties shall have declared its intention to renounce it; which declaration shall be made at least three months beforehand. And in case the present arrangement should remain without such declaration of its discontinuance by either party, the extra duties specified in the 1st and 2d articles, shall, from the expiration of the said two years, be, on both sides, diminished by one-fourth of their whole amount, and, afterwards by one-fourth of the said amount from year to year, so long as neither party shall have declared the intention of renouncing it as above stated."
The present Agreement 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 the President of the French Republic, and shall become effective upon the exchange of ratifications which shall take place at Washington as soon as possible.
Done in duplicate at Washington in the English and French languages this 17th day of July one thousand nine hundred and nineteen.
[SEAL.] FRANK L. POLK [SEAL.] JUSSERAND
SUPPLEMENTARY CONVENTION BETWEEN THE UNITED STATES AND GREAT BRITAIN PROVIDING FOR THE ACCESSION OF THE DOMINION OF CANADA
TO THE REAL AND PERSONAL PROPERTY CONVENTION OF MARCH 2, 1899.1 Signed at Washington, October 21, 1921; ratifications exchanged at Washington, June 17, 1922.
The United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, being desirous of permitting the Dominion of Canada to accede to the Convention concerning the tenure and disposition
1 U. S. Treaty Series, No. 663.
of real and personal property, signed at Washington on March 2, 1899, have agreed to conclude a supplementary Convention for that purpose, and have named as their plenipotentiaries:
The President of the United States of America, the Honorable Charles E. Hughes, Secretary of State of the United States, and
His Britannic Majesty, The Right Honorable Sir Auckland Geddes, K. C. B., his Ambassador Extraordinary and Plenipotentiary at Washington; Who having communicated to each other their Full Powers, which were found to be in due and proper form, have agreed upon the following Articles:
The provisions of the Convention of March 2nd, 1899, shall become applicable to the Dominion of Canada upon ratification of the present Convention in the manner provided by Article II hereof.
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 Britannic Majesty. The ratifications shall be exchanged in Washington as soon as practicable and the Convention shall take effect on the date of the exchange of ratifications.
The Convention of March 2, 1899, may be terminated with respect to the Dominion of Canada on twelve months' notice to that effect given at any time by either the United States or His Britannic Majesty.
In witness whereof, the respective plenipotentiaries have signed this Convention and have hereunto affixed their seals.
Done in duplicate at Washington, this twenty-first day of October, 1921. [SEAL.] CHARLES E. HUGHES. [SEAL.] A. C. GEDDES.
REPLY OF REPARATION COMMISSION TO REQUEST OF GERMAN GOVERNMENT FOR A MORATORIUM 1
August 31, 1922
The Reparation Commission has the honor to communicate herewith to the German Government its decision, No. 2119, in reply to the letter which the Reichskanzler addressed to it on July 12 last.
In view of the fact that the Reparation Commission has not seen fit to grant the moratorium requested by the German Government, it has not thought it proper for the time being to pronounce upon the proposals outlined by the German Government with a view to ensuring the strict
1 London Times, September 1, 1922, p. 8.