Sidebilder
PDF
ePub
[merged small][ocr errors][merged small][merged small][merged small][merged small]

Convention between Her Majesty and the Emperor of the French, relative to Joint Stock Companies. (Signed at Paris, April 30, 1862. Ratifications exchanged at Paris, May 15, 1862.)

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the Emperor of the French, having judged it expedient to come to an understanding in order to define, within their respective dominions and possessions, the position of commercial, industrial, and financial companies and associations constituted and authorized in conformity with the laws in force in either of the two countries, have resolved to conclude a Convention for that purpose, and have named as their Plenipotentiaries (that is to say):

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honourable Henry Richard Charles Earl Cowley, Her Majesty's Ambassador Extraordinary and Plenipotentiary to the Emperor of the French;

And His Majesty the Emperor of the French, M. Edouard Antoine Thouvenel, Senator, His Minister and Secretary of State for the Department for Foreign Affairs;

Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following articles :/I. The High Contracting Parties declare that they mutually grant to all companies and other associations, commercial, industrial, or financial, constituted and authorized in conformity with the laws in force in either of the two coun

tries, the power of exercising all their rights, and of appearing before the tribunals, whether for the purpose of bringing an action, or for defending the same, throughout the dominions and possessions of the other Power, subject to the sole condition of conforming to the laws of such dominions and possessions.

II. It is agreed that the stipulations of the preceding article shall apply as well to companies and associations constituted and authorized previously to the signature of the present Convention, as to those which may subsequently be so constituted and authorized.

III. The present Convention is concluded without limit as to duration. Either of the High Powers shall, however, be at liberty to terminate it by giving to the other a year's previous notice. The two High Powers, moreover, reserve to themselves the power to introduce into the Convention, by common consent, any modifications which experience may show to be desirable.

IV. The present Convention shall be ratified, and the ratifications shall be exchanged at Paris in fifteen days, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms.

Done in duplicate at Paris, the 30th of April, 1862.

(L.S.) COWLEY.
(L.S.) THOUVenel.

[A Convention with the King of the Belgians, for the same purpose and in identical terms, was signed at London, November 13, 1862. Ratifications exchanged at London, December 8, 1862.]

[blocks in formation]

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the King of Denmark, having judged it expedient, with a view to the better administration of justice, and to the prevention of crime within their respective territories and jurisdictions, that persons charged with or convicted of the crimes hereinafter enumerated, and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up; their said Majesties have named as their Plenipotentiaries, to conclude a Convention for this purpose, that is to say :

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honourable John Earl Russell, Viscount Amberley of Amberley and Ardsalla, a Peer of the United Kingdom, a Member of Her Majesty's Most Honourable Privy Council, Her Principal Secretary of State for Foreign Affairs;

And His Majesty the King of Denmark, M. Torben de Bille, His Chamberlain, Commander of the Order of Danebrog, and decorated with the Cross of Honour of the same Order, His Envoy Extraordinary and Minister Plenipotentiary to Her Britannic Majesty;

Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following Articles :

I. It is agreed that the High

Contracting Parties shall, on requisition made in their name through the medium of their respective diplomatic agents, deliver up to justice persons who, being accused or convicted of murder (comprehending the crimes of assassination, parricide, infanticide, and poisoning) or attempt to commit murder, or of forgery (comprehending the counterfeiting of bank-notes, or public securities, or money), or of fraudulent bankruptcy, committed within the jurisdiction of the requiring Party, shall be found within the territories of the other, provided that such persons are not subjects of the Party upon which the requisition is made. Provided also, that in the case of a person accused, the surrender shall be made only when the commission of the crime shall be so established as that the laws of the country where the fugitive or person so accused shall be found would justify his apprehension and commitment for trial, if the crime had been there committed; and in the case of a person couvicted, the surrender shall be made only on the production of an authenticated copy of his conviction and on proof of his identity.

Consequently, on the part of the Danish Government, the surrender shall be made only by the consent of the Minister to whose department appertains the administration of justice, and after the production, in the case of a person accused, of a warrant of arrest or other equivalent judicial document, issued by a judge or other competent authority in the United Kingdom, clearly setting forth the acts for which the fugitive shall have rendered himself accountable; or in the case of a person convicted, on the production of an authenticated

copy of his conviction, and on proof of his identity.

On the part of the British Government, the surrender in the case of a person accused shall be made only on the warrant or other equivalent judicial document for the arrest of a fugitive, issued by a judge or magistrate duly authorized to take cognizance of the acts charged against the fugitive in Denmark, and on duly authenticated depositions or statements on oath before such judge or magistrate, clearly setting forth the said acts, or on such other evidence thereof as, according to the laws of England, would warrant the apprehension of the said fugitive, and his committal for trial for the said acts, if they had been therein committed; or, in the case of a person convicted, on the production of an authenticated copy of his conviction, and on proof of his identity.

II. In the case of a person accused or convicted of any of the crimes mentioned in the preceding article, who may have fled from a colony or possession of one of the High Contracting Parties, and be found in a colony or possession of the other, the surrender shall be made, subject always to the conditions prescribed in the preceding article, on a requisition addressed by the Governor of the one colony directly to the Governor of the other. The Governor upon whom the requisition is made shall be at liberty either to grant the surrender or to refer the matter to his Government.

III. The expenses of any detention and surrender made in virtue of the preceding articles shall be borne and defrayed by the Government in whose name the requisition shall have been made.

IV. The present Convention shall come into operation as soon as the necessary legislative Acts shall have been passed. Either of the High Contracting Parties shall be at liberty to give notice to the other at any time for its termination; and in such case it shall altogether cease and determine at the expiration of six months from the date of such notice.

V. The present Convention shall be ratified, and the ratifications shall be exchanged at London in one month, or sooner if possible.

In witness whereof the respective Plenipotentiaries have signed the present Convention, and have affixed thereto the seal of their

arms.

Done at London, the fifteenth day of April, in the year of Our Lord one thousand eight hundred and sixty-two.

(L.S.) RUSSELL.
(L.S.) TORBEN Bille.

Treaty of Commerce and Navigation between Her Majesty and the King of the Belgians. (Signed at London, July 23, 1862. Ratifications exchanged at London, August 30, 1862.)

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the King of the Belgians, being equally animated by the desire to facilitate and extend the relations of commerce and navigation between their respective dominions; and being desirous, with a view to so beneficial an object, to remove the obstacles which impede the commercial relations between the two countries, have resolved to con

clude a Treaty for that purpose, and have named as their Plenipotentiaries, that is to say:

The Right Hon. Earl Russell, and the Right Hon. Thomas Milner Gibson; and the Sieur Sylvain Van de Weyer:

Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon the following articles :

I. There shall be reciprocal liberty of commerce between all the dominions and possessions of the two High Contracting Parties; and the subjects of each of them shall, throughout the whole extent of the territories and possessions of the other, enjoy the same rights, privileges, liberties, favours, immunities, and exemptions, in matters of commerce and navigation, which are or may be enjoyed by native subjects.

II. The subjects of one of the two High Contracting Parties residing in the dominions of the other, shall have the same liberty as native subjects to manage their own affairs themselves, or to commit them to the management of any other persons, as brokers, factors, agents, or interpreters. They shall not be restrained in their choice, and shall not be obliged to pay any salary or remuneration to any person whom they shall not choose to employ in those capacities; buyers and sellers being at perfect liberty to bargain together, and to fix the price of any goods or merchandize imported or destined for exportation, on condition of observing the regulations and the customs laws of the country.

III. In all that relates to navigation and commerce, the High Contracting Parties shall not grant

any privilege, favour, or immunity to any other country, which shall not be also and immediately extended to their respective subjects. IV. All vessels which according to the laws of Great Britain are to be deemed British vessels, and all vessels which according to the laws of Belgium are to be deemed Belgian vessels, are declared to be British and Belgian vessels respectively.

V. No duties of tonnage, harbour, light-house, pilotage, quarantine, or other similar or corresponding duties, of whatever nature or under whatever denomination, levied for the profit or in the name of the Government, public functionaries, communes, corporations, or establishments of whatever kind, shall be imposed in the ports of either country, upon the vessels of the other country, from whatever port or place arriving, which shall not be equally imposed in the like cases on national vessels.

VI. In all that regards the stationing, the loading, and unloading of vessels in the ports, basins, docks, roadsteads, harbours, or rivers of the two countries, no privilege shall be granted to national vessels, which shall not be equally granted to vessels of the other country; the intention of the High Contracting Parties being, that in this respect also the respective vessels shall be treated on the footing of perfect equality.

VII. British vessels entering a port of Belgium, and reciprocally, Belgian vessels entering a port of Great Britain or of the British Possessions, and desiring to discharge only a part of their cargo, may, subject to compliance with the laws and regulations of the respective countries, retain. on

board that part of the cargo which is destined for another port, whether in the same country or in any other country, and may re-export the same, without being compelled to pay, upon such retained part of their cargo, any duty of customs, save those for watching, which, of course, shall be levied only at the rate fixed for national vessels.

VIII. Goods of every kind which are or may be legally importable into the ports of the United Kingdom of Great Britain and Ireland, its Colonies and Possessions, in British vessels, may likewise be imported into such ports in Belgian vessels, without being liable to other or higher duties, of whatever denomination, than if such goods were imported in national vessels.

Reciprocally, goods of every kind which are or may be legally importable into the ports of Belgium in Belgian vessels, may likewise be imported into such ports in British vessels, without being liable to other or higher duties, of whatever denomination, than if such goods were imported in national vessels.

IX. Goods of every kind which may be exported either from Belgium by British vessels, or from Great Britain and the British Possessions by Belgian vessels, for whatever destination, shall not be liable to any other duties or formalities on departure than if they were exported in national vessels; and they shall enjoy, under either flag, all bounties and drawbacks, or other favours, which are or may be granted in each of the two countries to national vessels.

X. During the period allowed by the laws of the two countries for the warehousing of goods, no

« ForrigeFortsett »