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1858.

ADDITIONAL ARTICLE TO EXTRADITION CONVENTION.

Concluded February 10, 1858; ratification advised by the Senate, with amendment June 15, 1858; ratified by the President June 28, 1858; ratifications exchanged February 12, 1859; proclaimed February 14, 1859. (Treaties and Conventions, 1889, p. 354.)

It is agreed between the High Contracting Parties that the provisions of the treaties for the mutual extradition of criminals between the United States of America and France, of November 9th, 1843, and February 24th, 1845, and now in force between the two Governments, shall extend not only to persons charged with the crimes therein mentioned, but also to persons charged with the following crimes, whether as principals, accessories or accomplices, namely, forging or knowingly passing or putting in circulation counterfeit coin or bank notes or other paper current as money, with intent to defraud any person or persons-Embezzlement by any person or persons hired or salaried to the detriment of their Employers, when these crimes are subject to infamous punishment

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

arms.

Done at Washington the tenth of February, 1858.

LEW CASS.
[SEAL.]
SARTIGES.
[SEAL.]

1869.

TRADE-MARK CONVENTION.

Concluded April 16, 1869; ratification advised by the Senate April 19, 1869; ratified by the President April 30, 1869; ratifications exchanged July 3, 1869; proclaimed July 6, 1869. (Treaties and Conventions, 1889, p. 355.)

I. Protection of trade-marks. II. Registration.

ARTICLES.

III. Duration.
IV. Ratification.

The United States of America and His Majesty the Emperor of the French, 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, the President of the United States, Hamilton Fish, Secretary of State, and His Majesty the Emperor of the French, J. Berthemy, Commander

Federal cases: Lacroix v. Sarrazin, 4 Woods, 174; "La Republique Francaise" V. Schultz, 57 Fed. Rep., 37.

of the Imperial Order of the Legion of Honor, &c. &c. &c., accredited as his Envoy Extraordinary and Minister Plenipotentiary to the United States; and the said Plenipotentiaries, after an examination of their respective full powers, which were found to be in good and due form, have agreed to and signed the following articles:

ARTICLE I.

Every reproduction in one of the two countries of trade marks affixed in the other to certain merchandise, to prove its origin, and quality, is forbidden, and shall give ground for an action for damages in favor of the injured party, to be prosecuted in the courts of the country in which the counterfeit shall be proven, just as if the plaintiff were a subject or citizen of that country.

The exclusive right to use a trade mark for the benefit of citizens of the United States in France, or of French subjects 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 other country.

ARTICLE II.

If the owners of trade marks residing in either of the two countries, wish to secure their rights in the other country, they must deposit duplicate copies of those marks in the Patent Office at Washington, and in the Clerk's office of the Tribunal of Commerce of the Seine, at Paris.

ARTICLE III.

The present arrangement shall take effect ninety days after the exchange of ratifications by the two Governments, and shall continue in force for ten years from this date.

In case neither of the two High Contracting Parties gives 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.

ARTICLE IV.

The ratifications of this present arrangement shall be exchanged at Washington, within ten months, or sooner, if possible.

In faith whereof the respective Plenipotentiaries have signed the present convention in duplicate, and affixed thereto the seal of their

arms.

Done at Washington, the sixteenth day of April, in the year of Our Lord, one thousand eight hundred and sixty-nine.

HAMILTON FISH

SEAL. BERTHEMY

1880.

CLAIMS CONVENTION.

Concluded January 15, 1880; ratification advised by the Senate March 29, 1880; ratified by the President April 3, 1880; ratifications exchanged June 23, 1880; proclaimed June 25, 1880. (Treaties and Conventions, 1889, p. 356.)

By this convention of twelve articles, claims of United States citizens against France arising out of the French-Mexican war and the war with Germany, and claims of French citizens against the United States arising out of the civil war, were referred to three commissioners. The commission met in Washington, November 5, 1880, and adjourned March 31, 1884. Awards against the United States amounted to $625,566.35, and against France to 13,659 francs 14 centimes.

Federal case: Burthe v. Deuis, 133 U. S., 514.

1882.

CLAIMS CONVENTION.

Concluded July 19, 1882; ratification advised by the Senate August 8, 1882; ratified by the President December 28, 1882; ratifications exchanged December 29, 1882; proclaimed December 29, 1882. (Treaties and Conventions, 1889, p. 360.)

This convention extended the term of the Claims Commission under the Convention of 1880 until July 1, 1883.

1883.

CLAIMS CONVENTION.

Concluded February 8, 1883; ratification advised by the Senate with an amendment February 21, 1883; ratified by the President April 3, 1883; ratifications exchanged June 25, 1883; proclaimed June 25, 1883. (Treaties and Conventions, 1889, p. 361.)

The term of the Claims Commission under the Convention of 1880 was further extended by this convention to April 1, 1884.

GERMAN EMPIRE.

The formation of the German Empire in 1871 by the consolidation of the North German Union, etc., has in some instances abrogated the treaties entered into with the independent German governments now embraced in the Empire, but reference is here given to all the separate governments with which treaties have been concluded.

See Baden, p. 28; Bavaria, p. 33; Bremen, p. 88; Brunswick and Lüneberg, p. 88; Hanover, p. 288; Hanseatic Republics, p. 289; Hesse, p. 295; Mecklenburg-Schwerin, p. 383; Mecklenburg-Strelitz, p. 388; Nassau, p. 438; North German Union, p. 466; Oldenburg, p. 472; Prussia, p. 510; Saxony, p. 567; Schaumburg-Lippe, p. 568; Württemburg, p. 656.

1871.

CONSULAR CONVENTION.

Concluded December 11, 1871; ratification advised by the Senate January 18, 1872; ratified by the President January 26, 1872; ratifications exchanged April 29, 1872; proclaimed June 1, 1872. (Treaties and

I. Consular officers.

II. Exequaturs.

III. Privileges and immunities.

IV. Arms and flags.

V. Inviolability of consulates.

VI. Temporary vacancies.

VII. Consular agencies.

ARTICLES.

VIII. Communications with authorities.

IX. Notarial authority.

X. Property of decedents.

XI. Effects of deceased sailors and

passengers.

XII. Authority over ships.

XIII. Disputes between officers and crews of ships.

XIV. Deserters from ships.

XV. Damages to vessels at sea.

XVI. Shipwrecks.

XVII. Trade-mark protection.

XVIII. Duration; ratification.

Protocol. As to meaning of "property," and deceased citizens.

The President of the United States of America and His Majesty the Emperor of Germany, king of Prussia, in the name of the German Empire, led by the wish to define the rights, privileges, immunities. and duties of the respective Consular Agents have agreed upon the conclusion of a Consular-Convention, and for that purpose have appointed their Plenipotentiaries namely:

The President of the United States of America:

George Bancroft, Envoy Extraordinary and Minister Plenipotentiary from the said States near His Majesty the Emperor of Germany, His Majesty the Emperor of Germany, king of Prussia: Bernard König, His Privy Councillor of Legation,

who have agreed to and signed the following articles:

ART: I.

Each of the Contracting parties agrees to receive from the other Consuls general, Consuls, Vice-Consuls and Consular-Agents in all

Federal cases: "The Burchard," 42 Fed. Rep., 608; Richter v. Reynolds, 59 Fed. Rep., 577.

its ports, cities and places, except those where it may not be convenient to recognize such officers. This reservation however, shall not apply to one of the Contracting Parties without also applying to every other power.

ART: II.

The Consuls general, Consuls, Vice-Consuls or Consular-Agents shall be reciprocally received and recognized, on the presentation of their commissions in the forms established in their respective countries. The necessary exequatur for the exercise of their functions shall be furnished to them free of charge, and on the exhibition of this instrument, they shall be admitted at once, and without difficulty, by the territorial authorities, federal, State or communal, judicial, or executive, of the ports, cities and places of their residence and district, to the enjoyment of the prerogatives reciprocally granted. The government that furnishes the exequatur reserves the right to withdraw the same on a statement of the reasons for which it has thought proper to do so.

ART: III.

The respective Consuls general, Consuls, Vice-Consuls or ConsularAgents, as well as their chancellors and secretaries, shall enjoy in the two countries all privileges, exemptions and immunities which have been granted or may in future be granted, to the agents of the same rank of the most favored nation. Consular officers not being citizens of the country where they are accredited, shall enjoy in the country of their residence, personal immunity from arrest or imprisonment except in the case of crimes, exemption from military billetings and contributions, from military service of every sort, and other public duties, and from all direct or personal or sumptuary taxes, duties and contributions, whether federal, State or municipal. If however the said consular officers are or become owners of property1 in the country in which they reside, or engage in commerce, they shall be subject to the same taxes and imposts, and to the same jurisdiction, as citizens of the country, property, holders, or merchants. But under no circumstances shall their official income be subject to any tax. Consular officers who engage in commerce shall not plead their consular privileges to avoid their commercial liabilities. Consular officers of either character shall not in any event be interfered with in the exercise of their official functions, further than is indispensable for the administration of the laws of the country.

ART: IV.

Consuls general, Consuls, Vice-Consuls and Consular-Agents may place over the outer door of their offices, or of their dwellings, the arms of their nation with the proper inscription indicative of the office. And they may also hoist the flag of their country on the consular edifice except in places where a legation of their country is established.

They may also hoist their flag on board any vessel employed by them in port for the discharge of their duty.

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