Page images
PDF
EPUB

period shall revert to, and be at the disposal of, the administration the country of origin."

III. The foregoing Articles I and II shall take effect from t 1st day of May, 1891, and shall remain in force as long as the abov mentioned Convention of the 7th September, 1881.

Done in duplicate and signed in London on the 10th day April, 1891, and at Stockholm on the 17th day of April, 1891. HENRY CECIL RAIKES, Postmaster-Gener of the United Kingdom of Great Britain an Ireland.

(L.S.)

(L.S.) E.

VON KRUSENSTJERNA, Generalpos direcktör i Konungariket Sverige.

PROTOCOL between Great Britain and Uruguay, amendin the Treaty of March 26, 1884,* for the Mutual Extraditio of Fugitive Criminals.—Signed at Monte Video, March 20 1891.†

[Ratifications exchanged at Monte Video, July 17, 1891.]

MONTE VIDEO, the 20th day of March, 1891, their Excellencies Mr. Ernest Mason Satow, Companion of the Most Distinguished Order of St. Michael and St. George, Her Britannic Majesty's Minister Resident and Consul-General, and Dr. Manuel Herrero y Espinosa, Minister of Foreign Affairs, having met together at the Ministry for Foreign Affairs, with the object of providing for the extension of the period stipulated in Article IX of the Treaty for the Extradition of Criminals in force between their respective countries, for the provisional arrest of persons charged with any of the crimes or offences specified in the said Treaty, and having exchanged their full powers, which were found to be in good and due form, have agreed to the following Declaration, which shall be considered an integral part of the said International Compact :

--

"The period of 30 days fixed by Article IX of the Treaty for the Extradition of Criminals in force between the Oriental Republic of the Uruguay and Great Britain for the provisional arrest of persons charged with any of the crimes or offences specified in the said Treaty, being thoroughly recognized as insuflicient, both Governments agree that the said period shall henceforth be fixed at 60 days."

[blocks in formation]

In witness whereof the said Plenipotentiaries have caused the present Protocol to be drawn up in duplicate, and have signed both copies, and thereto affixed their seals on the date above expressed. (L.S.) ERNEST MASON SATOW.

(L.S.) MANUEL HERRERO Y ESPINOSA.

DECLARATION between Great Britain and Belgium, respecting the North Sea Fisheries.-Signed at Brussels, May 2, 1891.*

[Ratifications exchanged at Brussels, August 26, 1891.]

THE Government of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and the Government of His Majesty the King of the Belgians, being desirous of simplifying the procedure for the settlement of differences between British and Belgian fishermen in the North Sea outside territorial waters, and of reducing as much as possible the injuries they may sustain from the fouling of their fishing gear, have agreed upon the following provisions:

ART. I. Whenever a complaint involving a claim for damages shall be preferred by a fisherman of one of the two countries against a fisherman of the other country, it shall be referred for preliminary inquiry-in Belgium, to a Commission composed of, at least, two officers appointed by the Minister of Railways, Posts, and Telegraphs; in the United Kingdom, to a Commission also composed of, at least, two officers appointed by the Board of Trade; these officers shall hold their inquiry at the place where the allegations of the complainants can most easily be verified.

II. No complaint shall be transmitted either to the British or to the Belgian Government, as the case may be, unless

1. The Commission bas recognized it as well founded;

2. Such fishermen as are specified by the Commission engage themselves to appear in person in case they should be summoned to give evidence.

III. The complaints must be accompanied by--

1. A Report from the Commission of Inquiry;

2. A certificate from this Commission, verifying the ownership of the lost or injured fishing gear;

3. A certificate of an expert nominated (as the case may be), in the United Kingdom by the Board of Trade, in Belgium by the

* Signed also in the French language.

Minister of Railways, Posts, and Telegraphs, and giving an estimate of the damages in money value.

These certificates must be forwarded through the proper diplomatic channel, and shall be received as evidence unless the contrary is proved.

IV. When a fisherman fouls or otherwise interferes with the fishing gear of another fisherman, he shall take all necessary measures for reducing to a minimum the injuries which may result to the gear or to the boat of the other fisherman.

V. In the Kingdom of Belgium the Tribunal which has cognizance of an infraction of the North Sea Fisheries Convention of the 6th May, 1882,* or of Article IV of the present Declaration, shall be empowered to award damages for injury to person or property at the request of the injured party and at the suit of the Official Prosecutor.

The execution of awards of damages shall be effected, on the application of the Official Prosecutor, by the competent Administration, which will advance the costs and recover them from the condemned parties according to the usual process of law in such

cases.

In the United Kingdom the Court before which proceedings are taken for the above-mentioned infractions shall be empowered, at the suit of the Official Prosecutor on the request of the injured party, to award damages for injury to person or property, and the Official Prosecutor shall, at his own cost, recover the sum awarded, or so much thereof as is possible, from the parties liable.

um so

The amount of damages recovered, as stipulated above, shall be remitted free of cost to the injured party through the proper diplomatic channel.

VI. The High Contracting Parties engage to take, or to propose to their respective Legislatures, the necessary measures for insuring the execution of the present Declaration, and especially for punishing, either by fine or imprisonment, or both, persons who may contravene Article IV.

VII. The present Declaration shall be ratified, and the ratifications shall be exchanged at Brussels as soon as possible.

VIII. The present Declaration shall come into force at a date to be agreed upon subsequently by the High Contracting Parties.

It shall remain in force for three years from that date, and in . the event of neither of the High Contracting Parties having notified 12 months before the expiry of the said period of three years their intention of terminating it, it shall continue to remain in force for a year, and so on from year to year.

* Vol. LXXIII, page 39.

In witness whereof the undersigned Envoy Extraordinary and Minister Plenipotentiary at Brussels of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the undersigned Minister for Foreign Affairs of His Majesty the King of the Belgians, have drawn up the present Declaration in duplicate, and have affixed thereto the seals of their arms.

Done at Brussels, the 2nd May, 1891.

(L.S.) VIVIAN.

(L.S.) LE PRINCE DE CHIMAY.

PROTOCOLE (Date upon which Declaration of May 2, 1891, come into force).- Bruxelles, le 26 Août, 1891.

shall

LES Soussignés se sont réunis à l'effet de procéder à l'échange des ratifications de Sa Majesté la Reine du Royaume-Uni de la Grande-Bretagne et d'Irlande, Impératrice des Indes, et de Sa Majesté le Roi des Belges, sur la Déclaration signée, le 2 Mai, 1891, entre la Grande-Bretagne et la Belgique, en vue de faciliter la procédure pour le réglement des conflits entre pêcheurs Anglais et pêcheurs Belges dans la Mer du Nord, en dehors des eaux territoriales, et de réduire les dommages qu'ils peuvent éprouver par l'effet du contact de leurs appareils.

Ces actes ont été trouvés exacts et concordants, etl 'échange en a été opéré.

Les Soussignés, dûment autorisés, sont de plus convenus, de commun accord, que la Déclaration précitée sera mise en vigueur le 15 Septembre, 1891.

En foi de quoi les Soussignés ont dressé le présent procès-verbal qu'ils ont signé et revêtu de leurs cachets.

Fait en double à Bruxelles, le 26 Août, 1891.

(L.S.) VIVIAN.

(L.S.) LE PRINCE DE CHIMAY.

DECLARATION between Great Britain and Portugal, prolonging the Duration of the Agreement of November 14, 1890,* respecting Spheres of Influence in Africa, until the 14th June, 1891.-London, May 13, 1891.

WHEREAS the Agreement between Great Britain and Portugal of the 14th November, 1890, relative to their respective spheres of

* Vol. LXXXII, page 336.

influence in Africa, would cease to be in force on the 14th day o May, 1891, and the two Governments having recognized the utilit of prolonging its duration, the Undersigned, duly authorized to tha effect, have agreed to declare as follows:

The said Agreement between Great Britain and Portugal of th 14th November, 1890, will continue to remain in force until th 14th June next.

In witness whereof the Undersigned have signed the presen Declaration, and have affixed thereto their seals.

Done at London, the 13th day of May, 1891.

(L.S.) SALISBURY.

(L.S.) LUIZ DE SOVERAL

AGREEMENT between Great Britain and Tonga, relative to the Trial of British Subjects by the Tongan Courts.—Signed at Nukualofa, June 2, 1891.*

THE Government of Her Majesty the Queen of Great Britain and Ireland, and the Government of His Majesty the King of Tonga, being desirous of simplifying and rendering more efficacious the provisions of Article III of the Treaty of Friendship concluded between their said Majesties on the 29th November, 1879,† the Undersigned, duly authorized to that effect, hereby agree and declare that

1. Subsection (b) of Article III of the said Treaty is hereby cancelled, and the following substituted in place thereof:

If any subject of Her Britannic Majesty is charged with the violation of any Law or Regulation in Tonga relating to Customs, taxation, public health, or local police, not cognizable as an offence against British law, he shall be amenable to the jurisdiction of the Tongan Courts, the proceedings of which shall be conducted in public, and the records of which shall be public and accessible.

2. Subsection (e) of Article III of the said Treaty is hereby cancelled.

3. The present Articles shall come immediately into operation, and shall be construed as forming an integral part of the Treaty of the 29th November, 1879.

In witness whereof the Undersigned have signed the present Agreement, and have affixed thereto their seals.

* Signed also in the Tongan language.
+ Vol. LXX, page 9.

« PreviousContinue »