It is clearly understood, however, that such denunciation shall not have the effect of reviving any of the treaties, conventions, arrangements or agreements mentioned in Article XVI hereof. ARTICLE XVIII. This Treaty shall be ratified and the ratifications thereof shall be exchanged, either at Washington or Bangkok, as soon as possible. IN WITNESS WHEREOF, the respective Plenipotentiaries have signed the present Treaty and have thereunto affixed their seals. Done in duplicate, in the English language, at Washington, the sixteenth day of December in the nineteen hundred and twentieth year of the Christian Era, corresponding to the sixteenth day of the ninth month in the two thousand four hundred and sixty-third year of the Buddhist Era. NORMAN H. DAVIS [SEAL.] ANNEX. PROTOCOL CONCERNING JURISDICTION APPLICABLE IN THE KINGDOM OF SLAM TO AMERICAN CITIZENS AND OTHERS ENTITLED TO THE PROTECTION OF THE UNITED STATES. At the moment of proceeding this day to the signature of the new Treaty of Friendship, Commerce and Navigation between the United States and the Kingdom of Siam, the Plenipotentiaries of the two High Contracting Parties have agreed as follows: ARTICLE I. The system of jurisdiction heretofore established in Siam for citizens of the United States and the privileges, exemptions and immunities now enjoyed by the citizens of the United States in Siam as a part of or appurtenant to said system shall absolutely cease and determine on the date of the exchange of ratifications of the above-mentioned Treaty and thereafter all citizens of the United States and persons, corporations, companies and associations entitled to its protection in Siam shall be subject to the jurisdiction of the Siamese Courts. ARTICLE II. Until the promulgation and putting into force of all the Siamese Codes, namely, the Penal Code, the Civil and Commercial Codes, the Codes of Procedure and the Law for Organization of Courts and for a period of five years thereafter, but no longer, the United States, through its Diplomatic and Consular Officials in Siam, whenever in its discretion it deems it proper so to do in the interest of justice, by means of a written requisition addressed to the judge or judges of the Court in which such case is pending, may invoke any case pending in any Siamese Court, except the Supreme or Dika Court, in which an American citizen or a person, corporation, company or association entitled to the protection of the United States, is defendant or accused. Such case shall then be transferred to said Diplomatic or Consular Official for adjudication and the jurisdiction of the Siamese Court over such case shall thereupon cease. Any case so evoked shall be disposed of by said Diplomatic or Consular official in accordance with the laws of the United States properly applicable, except that as to all matters coming within the scope of Codes or Laws of the Kingdom of Siam regularly promulgated and in force, the texts of which have been communicated to the American Legation in Bangkok, the rights and liabilities of the parties shall be determined by Siamese law. For the purpose of trying such cases and of executing any judg ments which may be rendered therein, the jurisdiction of the American Diplomatic and Consular officials in Siam is continued. Should the United States perceive, within a reasonable time after the promulgation of said Codes, any objection to said Codes, namely, the Penal Code, the Civil and Commercial Codes, the Codes of Procedure and the Law for Organization of Courts, the Siamese Government will endeavor to meet such objections. ARTICLE III. Appeals by citizens of the United States or by persons, corporations, companies or/and associations entitled to its protection, from judgments of Courts of First Instance in cases to which they may be parties, shall be adjudged by the Court of Appeal at Bangkok. An appeal on a question of law shall lie from the Court of Appeal at Bangkok to the Supreme or Dika Court. A citizen of the United States or a person, corporation, company or association entitled to its protection, who is defendant or accused in any case arising in the Provinces may apply for a change of venue and should the Court consider such change desireable. the trial shall take place either at Bangkok or before the judge in whose Court the case would be tried at Bangkok. ARTICLE IV. In order to prevent difficulties which may arise from the transfer of jurisdiction contemplated by the present Protocol, it is agreed, (a) All cases in which action shall be taken subsequently to the date of the exchange of ratifications of the above-mentioned Treaty, shall be entered and decided in the Siamese Courts, whether the cause of action arose before or after the date of said exchange of ratifications. (b) All cases pending before the American Diplomatic and Consular officials in Siam on said date shall take their usual course before such officials until such cases have been finally disposed of, and the jurisdiction of the American Diplomatic and Consular officials shall remain in full force for this purpose. In connection with any case coming before the American Diplomatic or Consular officials under clause (b) of Article IV, or which may be evoked by said officials under Article II, the Siamese authorities shall upon request by such Diplomatic or Consular officials lend their assistance in all matters pertaining to the case. In WITNESS WHEREOF the undersigned Plenipotentiaries have hereto signed their names and affixed their seals, this sixteenth day of December, in the nineteen hundred and twentieth year of the Christian Era, corresponding to the sixteenth day of the ninth month in the two thousand four hundred and sixty-third year of the Buddhist Era. [SEAL.] NORMAN H. DAVIS [EXCHANGE OF NOTES.] (Treaty Series, No. 655.) [The Siamese Minister to the Acting Secretary of State.] Mr. Secretary: SIAMESE LEGATION. Washington, December 16, 1920. Referring to Article I of the treaty signed by us this day which provides among other things for the leasing and ownership of real property in Siam by Americans, I have the honor to state that: 1. As to the lands for which the missions now possess papers of any kind or of which the missions are otherwise in legal occupation they should apply to have title papers issued in the regular way. 2. As to the lands held under lease from Government, the Siamese Government will not interrupt the possession by the missions as long as they continue to use the land for mission purposes, 3. However, in Ratburi the Mission is now occupying a house belonging to the Siamese Government; this must be returned when asked for. 4. It should be understood that the Siamese Government is not identified with Wat administration; that is to say, the foregoing understanding must not be construed as a promise by the Government to interfere with lands held and claimed by religious authorities, whether Buddhists or of any other faith. 5. Of course, all Mission lands are held subject to the exercise by the Siamese Government of the right of eminent domain. I avail myself of the occasion to offer to you the renewed assurances of my highest consideration. PRABHA KARAVONGSE The Honorable, NORMAN H. DAVIS, Acting Secretary of State. Sir: [The Acting Secretary of State to the Siamese Minister.] DEPARTMENT OF STATE, Washngton, December 16, 1920. I have the honor to acknowledge the receipt of your note of this date referring to the provisions of Article I of the treaty signed by us to-day and relating to the real property now in possession of American missionary societies in Siam. I note that: 1. As to the lands for which the missions now possess papers of any kind or of which the missions are otherwise in legal occupation they should apply to have title papers issued in the regular way. 2. As to the lands held under lease from Government, the Siamese Government will not interrupt the possession by the missions as long as they continue to use the land for mission purposes. 3. However, in Ratburi the Mission is now occupying a house belonging to the Siamese Government; this must be returned when asked for. 4. It is understood that the Siamese Government is not identified with Wat administration; that is to say, the foregoing understanding must not be construed as a promise by the Government to interfere with lands held and claimed by religious authorities, whether Buddhists or of any other faith. 5. All Mission Lands are held subject to the exercise by the Siamese Government of the right of eminent domain. I have the honor to express my satisfaction with this pronounce ment. Accept, Sir, the renewed assurances of my highest consideration. NORMAN H. DAVIS, Acting Secretary of State. PHYA PRABHA KARAVONGSE, Siamese Minister. SPAIN. AGREEMENT EXTENDING THE DURATION OF THE ARBITRATION CONVENTION OF APRIL 20, 1908. Signed at Washington May 29, 1913; ratification advised by the Senate February 21, 1914; ratified by the President March 9, 1914: ratified by Spain March 2, 1914; ratifications exchanged at Washington March 21, 1914; proclaimed March 23, 1914. (Treaty Series, No. 586; 38 Statutes at Large, 1765.) ARTICLES. I. Extends 1908 convention five years. | II. Ratification; effect. The Government of the United States of America and the Government of His Majesty the King of Spain, being desirous of extending the period of five years during which the Arbitration Convention concluded between them on April 20, 1908, is to remain in force, which period is about to expire, have authorized the undersigned, to wit: The Honorable William Jennings Bryan, Secretary of State of the United States, and Señor Don Juan Riaño y Gayangos, Chamberlain to His Majesty the King of Spain, His Majesty's Envoy Extraordinary and Minister Plenipotentiary at Washington, to conclude the following agreement: ARTICLE I. The Convention of Arbitration of April 20, 1908,1 between the Government of the United States of America and the Government of His Majesty the King of Spain, the duration of which by Article III thereof was fixed at a period of five years from the date of the exchange of ratifications of said Convention, which period will terminate on June 2, 1913, is hereby extended and continued in force for a further period of five years from June 2, 1913. ARTICLE II. 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 Government of His Majesty the King of Spain, in accordance with its Constitution and laws, and it shall become effective upon the date of the exchange of ratifications, which shall take place at Washington as soon as possible. Done in duplicate, in the English and Spanish languages, at Washington, this twenty-ninth day of May, one thousand nine hundred and thirteen. [SEAL.] [SEAL.] WILLIAM JENNINGS BRYAN. For text see Vol. II, p. 1722. |