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Concluded November 25, 1871; ratification advised by the Senate Jan
uary 18, 1872; ratified by the President January 27, 1872; ratifications erchanged April 22, 1872; proclaimed June 1, 1872. (Treaties and Conventions, 1889, p. 39.)
I. Mutual protection of trade-marks.
The United States of America and his Majesty the Emperor of Austria, King of Bohemia &c, and Apostolic King of Hungary, 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 of America, John Jay, their Envoy Extraordinary and Minister Plenipotentiary from the United States of America to His Imperial and Royal Apostolic Majesty; and His Majesty the Emperor of Austria and Apostolic King of Plungary; the Count Julius Andrássy of Csik Szent Király and Kraszna lIorka His Majesty's Privy Counsellor and Minister of the Imperial House and of Foreign Affairs, Grand Cross of the order of St Stephen, &c. &c. &c. who have agreed to sign the following articles.
Every reproduction of Trade Marks which in the countries or territories of the one of the contracting parties are affixed to certain merchandize to prove its origin and quality is forbidden in the countries or territories of the other of the contracting parties, and shall give to the injured party ground for such action or proceedings to prevent such reproduction, and to recover damages for the same, as may be authorized by the laws of the country in which the counterfeit is proven, just as if the plaintiff were a citizen of that country.
The exclusive right to use a Trade Mark for the benefit of citizens of the United States in the Austro-Hungarian Empire, or of citizens of the Austro-Hungarian Monarchy 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 countries or territories of the other of the two contracting parties.
If the owners of Trade Marks, residing in the countries or territories of the one of the contracting parties, wish to secure their rights in the countries or territories of the other of the contracting parties, they must deposit duplicate copies of those marks in the Patent Office at Washington and in the Chambers of Commerce and Trade in Vienna and Pesth.
The present arrangement shall take effect ninety days after the exchange of ratifications, and shall continue in force for ten years from this date.
In case neither of the 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.
The ratifications of this present Convention shall be exchanged at Vienna within twelve months or sooner if possible.
In faith whereof the respective Plenipotentiaries have signed the present Convention as well in English as in German and Ilungarian, and have affixed thereto their respective seals.
Done at Vienna the twenty fifth day of November in the year of our Lord one thousand eight hundred and seventy one, in the ninety sixth year of the Independence of the United States of America, and in the twenty third year of the reign of His Imperial and Royal Apostolic Majesty.
(See GERMAN EMPIRE.)
EXTRADITION CONVENTION." Concluded January 30, 1857; ratification advised by the Senate March
12, 1857; ratified by the President March 23, 1857; ratifications exchanged April 21, 1857; proclaimed May 19, 1857. (Treaties and Conventions, 1889, p. 41.)
I. Extraditable crimes; proceedings.
country where found.
Whereas it is found expedient, for the better administration of justice and the prevention of crime within the territories and jurisdiction of the parties, respectively, that persons committing certain heinous crimes, being fugitives from justice, should, under certain circumstances, be reciprocally delivered up; and also to enumerate such crimes explicitly; and whereas the laws, and constitution of Baden do not allow its Government to surrender its own citizens to a foreign jurisdiction, the Government of the United States, with a view of making the Convention strictly reciprocal, shall be held equally free from any obligation to surrender citizens of the United States; therefore, on the one part, the United States of America, and on the other part, His Royal Highness, the Grand Duke of Baden, having resolved to treat on this subject, have, for that purpose, appointed their respective Plenipotentiaries to negotiate and conclude a convention—that is to say:
The President of the United States of America, Peter D. Vroom Envoy Extraordinary and Minister Plenipotentiary of the United States at the Court of the Kingdom of Prussia; and His Royal Highness the Grand Duke of Baden, Adolph, Baron Marschall de Bieberstein, His said Royal Highness' Envoy Extraordinary and Minister plenipotentiary at the Court of His Majesty the King of Prussia, &c &c &c, who, after reciprocal communication of their respective powers, have agreed to and signed the following articles:
It is agreed that the United States and Baden shall, upon mutual requisitions by them, or their Ministers, officers, or authorities, respectively made, deliver up to justice all persons who, being charged with the crime of murder, or assault with intent to commit murder, or piracy, or arson, or robbery, or forgery, or the fabrication or circulation of counterfeit money, whether coin or paper money, or the embezzlement of public moneys committed within the jurisdiction of either party, shall seek an asylum, or shall be found within the territories of the other: Provided, that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the crime or offence had there been committed; and the respective judges and other magistrates of the two Governments shall have power, jurisdiction and authority, upon complaint made under oath, to issue a warrant for the apprehension of the fugitive or person so charged, that he may be brought before such judges or other magistrates respectively, to the end that the evidence of criminality may be heard and considered; and if on such hearing the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper executive authority, that a warrant may issue for the surrender of such fugitive.
1 Article III, p. 31.
The expense of such apprehension and delivery shall be borne and defrayed by the party who makes the requisition and receives the fugitive.
Nothing in this article contained shall be construed to extend to crimes of a political character.
Neither of the contracting parties shall be bound to deliver up its own citizens or subjects under the stipulations of this convention.
Whenever any person accused of any of the crimes enumerated in this Convention shall have committed a new crime in the territories of the State where he has sought an asylum, or shall be found, such person shall not be delivered up under the stipulations of this convention, until he shall have been tried, and shall have received the punishment due to such new crime, or shall have been acquitted thereof.
The present Convention shall continue in force until the 1st of January, one thousand eight hundred and sixty-1860; and if neither party shall have given to the other six months previous notice of its intention then to terminate the same, it shall further remain in force until the end of twelve months after either of the high contracting parties shall have given notice to the other of such intention; each of the high contracting parties reserving to itself the right of giving such notice to the other, at any time after the expiration of the said 1st day of January, one thousand eight hundred and sixty—1860.
The present Convention shall be ratified by the President, by and with the advice and consent of the Senate of the United States, and by the Government of Baden, and the ratifications shall be exchanged in Berlin within one year from the date hereof, or sooner if possible. In faith whereof the respective Plenipotentiaries have signed this Convention and have hereunto affixed their seals.
Done in duplicate at Berlin, the thirtieth day of January, one thousand eight hundred and fifty seven-1857—and the eighty first year of the Independence of the United States. P. D. VROOM.
SEAL. ADOLPH BAR. MARSCHALL de BIEBERSTEIN. SEAL.
Concluded July 19, 1868; ratification advised by the Senate April 12, 1869; ratified by the President April 18, 1869; ratifications erchanged December 7, 1869; proclaimed January 10, 1870. (Treaties and Conventions, 1889, p. 43.)
I. Requirements necessary. II. Liability for prior offenses. III. Former treaty continued.
IV. Resumption of former citizenship.
The President of the United States of America and His Royal Highness the Grand Duke of Baden, led by the wish to regulate the citizenship of those persons who emigrate from Baden to the Unived States of America, and from the United States of America to the territory of the Grand Duchy, have resolved to treat on this subject, and have for that purpose appointed plenipotentiaries; that is to say
The President of the United States of America:
George Bancroft, Envoy Extraordinary and Minister Plenipotentiary from the said States near the Grand Duke of Baden
His President of the Ministry of the Grand-Ducal IIouse and of Foreign Affairs, and Chamberlain,
Rudolph von Freydorf who have agreed to and signed the following articles.
Citizens of the Grand Duchy of Baden, who have resided uninterruptedly within the United States of America five years, and before, during, or after that time, have become, or shall become naturalized citizens of the United States, shall be held by Baden to be American citizens, and shall be treated as such.
Reciprocally: citizens of the United States of America, who have resided uninterruptedly within the Grand Duchy of Baden five years, and before, during, or after that time, have become or shall become, naturalized citizens of the Grand Duchy of Baden, shall be held by the United States to be citizens of Baden, and shall be treated as such.
The declaration of an intention to become a citizen of the one or the other country, has not for either party the effect of naturalization.