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Denounce ment.

Signatures.

the Government of the United States of Brazil: and if it should be denounced by any one of them, it shall continue in effect for one year more, to count from the date of such denouncement.

ART. IV. The denouncement of this Convention by any one of the signatory States shall be made to the Government of the United States of Brazil and shall take effect only with regard to the country that may make it.

In testimony whereof the Plenipotentiaries and Delegates have signed the present Convention, and affixed the Seal of the Third Internacional American Conference.

Made in the city of Rio de Janeiro the thirteenth of August nineteen hundred and six, in English, Portuguese, and Spanish, and deposited with the Secretary of Foreign Affairs of the United States of Brazil, in order that certified copies thereof be made, and sent through diplomatic channels to the signatory States.

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I hereby certify that the above and foregoing is a true
copy of a convention adopted by the Third International
Conference of the American States held at Rio de Janeiro,
Brazil, July 23rd to August 27th, 1906.
Done at Washington, D. C., February 7, A. D. 1907.

JOAQUIM NABUCO
President of the Third International

Conference of the American States.

Ratification.

Proclamation.

And whereas the said Convention has been duly ratified by the United States of America, (by and with the advice and consent of the Senate thereof) and by the Governments of Colombia, Chile, Costa Rica, Nicaragua, Guatemala, Brazil, the United States of Mexico, Ecuador, Honduras, Panama, Salvador, and the Argentine Republic;

Now, therefore, be it known that I, William Howard Taft, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.

In testimony wliereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this twenty-eighth

day of January in the year of our Lord one [SEAL.] thousand nine hundred and thirteen, and of

the Independence of the United States of America the one hundred and thirty-seventh.

WM H TAFT
By the President:
PC Knox

Secretary of State.

37 . L. 2. p. 1658.

Convention between the United States and other powers Sept. 28, 1910.

relating to assistance and salvage at sea. Signed at pt.33. Statos: Brussels September 23, 1910; ratification advised by the Senate, January 18, 1912; ratified by the President, March 14, 1912; ratification of the United States, deposited with the Government of Belgium, January 25, 1913; deposit of ratifications closed February 1, 1913; convention effective March 1, 1913; proclaimed, February 13, 1913.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

WHEREAS a Convention between the United States

Assistance

and salvage of America and Germany, the Argentine Republic, Aus- at sea.

Preamble. tria-Hungary, Belgium, the United States of Brazil, Chile, Cuba, Denmark, Spain, France, Great Britain, Greece, Italy, Japan, the United Mexican States, Nicaragua, Norway, the Netherlands, Portugal, Roumania, Russia, Sweden and Uruguay, providing for the unification of certain rules of law with respect to assistance and salvage at sea, was concluded and signed by their respective plenipotentiaries at Brussels on the twentythird day of September, one thousand nine hundred and ten, the original of which Convention, being in the French language is word for word as follows:

[Translation used by the Senate.)

CONVENTION FOR THE UNIFICATION OF CERTAIN RULES

WITH RESPECT TO ASSISTANCE AND SALVAGE AT SEA.

His Majesty the German Emperor, King of Prussia, puwers.

Contracting in the name of the German Empire; the President of the Argentine Republic; His Majesty the Emperor of Austria, King of Bohemia, etc. and Apostolic King of Hungary; His Majesty the King of the Belgians; the President of the United States of Brazil; the President of the Republic of Chile; the President of the Republic of Cuba ; His Majesty the King of Denmark; His Majesty the King of Spain; the President of the United States of America; the President of the French Republic; His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India; His Majesty the King of the Hellenes; His Majesty the King of Italy; His Majesty the Emperor of Japan; the President of the United Mexican States; the President of the Republic of Nicaragua; His Majesty the King of Norway; Her Majesty the Queen of the Netherlands; His Majesty the King of Portugal and of the Algarves; His Majesty the King of Roumania; His Majesty the Emperor of all the Russias;

7345° —S. Doc. 173, 63–1-24

Plenipotentiaries.

His Majesty the King of Sweden; the President of the
Republic of Uruguay,

Having recognized the utility of establishing in com-
mon accord certain uniform rules with respect to As-
sistance and Salvage at Sea, have decided to conclude a
Convention to that effect and appointed as their Pleni-
potentiaries, to wit:

Who, duly authorized thereto, have agreed upon the following:

1

*

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Services ap- Assistance and salvage of seagoing vessels in danger of
plicable to sea-
going and in- any things on board, of freight and passage money, and
land naviga. also services of the same nature rendered to each other
tion alike.

by seagoing vessels and vessels of inland navigation are
subject to the following provisions, without any distinc-
tion being drawn between the two kinds of service and
in whatever waters the services have been rendered.

ARTICLE 2.

Remunera tion.

Every act of assistance or salvage which has had a useful result gives a right to equitable remuneration.

No remuneration is due if the services rendered have no beneficial result.

In no case shall the sum to be paid exceed the value of the property salved.

ARTICLE 3.

Prohibition.

Persons who have taken part in salvage operations, notwithstanding the express and reasonable prohibition on the part of the vessel to which services were rendered, have no right to any remuneration.

ARTICLE 4.

Tugs.

A tug has no right to remuneration for assistance to or salvage of the vessel she is towing or of the vessel's cargo except where she has rendered exceptional services which can not be considered as rendered in fulfilment of the contract of towage.

ARTICLE 5.

Vessels of same owner.

Remuneration is due not withstanding that the salvage services have been rendered by or to vessels belonging to the same owner.

ARTICLE 6.

Amount of remuneration.

The amount of remuneration is fixed by agreement between the parties, and, failing agreement, by the court.

The proportion in which the remuneration is to be distributed among the salvors is fixed in the same manner.

The apportionment of the remuneration among the owner, master, and other persons in the service of each salving vessel is determined by the law of the vessel's flag.

ARTICLE 7.

of agreements.

Every agreement as to assistance or salvage entered Modification into at the moment and under the influence of danger can, at the request of either party, be annulled or modified by the court if it considers that the conditions agreed upon are not equitable.

In all cases, when it is proved that the consent of one Annulment, of the parties is vitiated by fraud or concealment, or when the remuneration is, in proportion to the services rendered, in an excessive degree too large or too small, the agreement may be annulled or modified by the court at the request of the party affected.

etc.

ARTICLE 8.

Basis of remuneration.

The remuneration is fixed by the court, according to the circumstances of each case, on the basis of the following considerations: (a) First, the measure of success obtained, the efforts and the deserts of the salvors, the danger run by the salved vessel, by her passengers, crew and cargo, by the salvors and by the salving vessel, the time expended, the expenses incurred and losses suffered, and the risks of liability and other risks run by the salvors, and also the value of the property exposed to such risks. due regard being had, the case arising, to the special adaptation of the salvor's vessel: (6) second, the value of the property salved.

The same provisions apply to the apportionment provided for by the second paragraph of article 6.

The court may reduce or deny remuneration if it' appears that the salvors have by their fault rendered the salvage or assistance necessary, or have been guilty of theft, receiving stolen goods, or other acts of fraud.

Authority of court.

ARTICLE 9.

Persons rescued.

Share of

No remuneration is due from the persons whose lives are saved, but nothing in this article shall affect the provisions of the national laws on this subject.

Salvors of human life who have taken part in the services rendered on the occasion of the accident, giving rise salvors of life to salvage or assistance, are entitled to a fair share of the remuneration awarded to the salvors of the vessel, her cargo, and accessories.

ARTICLE 10.

Limitation of actions.

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Right of extension reserved,

A salvage action is barred after an interval of two years from the day on which the operations of assistance or salvage are terminated.

The grounds upon which the said period of limitation may be suspended or interrupted are determined by the law of the court where the case is tried.

The High Contracting Parties reserve to themselves the right to provide by legislation in their respective countries that the said periods shall be extended in cases where it has not been possible to arrest the vessel assisted or salved in the territorial waters of the State in which the plaintiff has his domicile or principal place of business.

ARTICLE 11.

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Assistance Every master is bound, so far as he can do so without to be rendered.

serious danger to his vessel, her crew and passengers, to
render assistance to everybody, even though an enemy,
found at sea in danger of being lost.

The owner of the vessel incurs no liability by reason failure. of contravention of the foregoing provision.

Owner not liable for

ARTICLE 12.

of laws.

Legislation to be proposed.

The High Contracting Parties whose legislation does not forbid infringements of the preceding article bind themselves to take or to propose to their respective legislatures the measures necessary for the prevention of such

infringements.
Notification The High Contracting Parties will communicate to one

another, as soon as possible, the laws or regulations which
have already been or may be hereafter promulgated in
their States for the purpose of giving effect to the above
undertakings.

ARTICLE 13.
Public or- The convention does not affect the provisions of na-
ganization,
etc., not af- tional laws or international treaties as regards the or-
fected.

ganization of services of assistance and salvage by or un-
der the control of public authorities, nor, in particular,
does it affect such laws or treaties on the subject of the
salvage of fishing gear.

ARTICLE 14.
This convention does not apply to ships of war or to
Government ships appropriated exclusively to a public
service.

ARTICLE 15.
Application The provisions of this convention shall be applied as
of provisions.

regards all persons interested when either the assisting

Ships of war, etc.

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