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agreements which were in force and binding upon the parties to this litigation at the moment when the seizures aforementioned took place.
The arbitrator shall fix the amount of any indemnity to be paid by the Russian Government in respect to the claims presented by the parties in interest.
If he wishes to do so without, however, lessening the obligation incumbent upon the party claimant to prove the damage suffered, the arbitrator may invite each Government to appoint a commercial expert to aid him in this capacity in fixing the amount of the indemnity.
The Government of the United States declares itself ready, in exchange with a similar agreement upon the part of the imperial Government of Russia, to assume all expenses which may or shall be incurred in the presentation of its side of the case in this matter and to pay one-half of the compensation of the arbitrator for his services; also to accept as a final judgment the decision pronounced by the arbitrator within the limits of the present agreement and to submit thereto without any reservation whatsoever.
Any amount awarded by the arbitrator in favor of the claimants, or either of them, shall be paid by the imperial Government of Russia to the Government of the United States within one year from the date of the award.
French being recognized as the official language of the arbitration, the decision of the arbitrator should be rendered in that language.
Done at St. Petersburg, August 26 (September 8), 1900, in four copies.
HERBERT H. D. PEIRCE.
On November 29, 1902, the arbitrator, Mr. T. M. C. Asser, rendered his award, awarding, $38,650, with interest at 6 per cent from the 9th of September, 1892, until payment, in favor of the party claimant on account of the claims presented by the parties in interest in the case of the Cape Horn Pigeon; $28,588, with interest at 6 per cent per annum from the 1st of January, 1892, until payment, in favor of the party claimant on account of claims presented by the parties in interest in the case of the James Hamilton Lewis; $32,444, with interest at 6 per cent from January 1, 1893, until payment, in favor of the party claimant on account of the claims presented by the parties in interest in the case of the C. H. White; and $1,488, with interest at 6 per cent per annum from the 12th August, 1892, until payment, in favor of the party claimant on account of the claims presented by the parties in interest in the affair of the Kate and Anna.
1904. AGREEMENT REGULATING THE POSITION OF CO ORATIONS AND OTHER
COMMERCIAL ASSOCIATIONS. Signed at St. Petersburg, June 25/12, 1904; ratification advised by
the Senate, May 6, 1909; ratified by the President, June 7, 1909; proclaimed, June 15, 1909.
AGREEMENT. The Government of the United States and the Imperial Russian Government having judged that it would be mutually useful to regulate the position of Corporations or Stock Companies and other Commercial Associations, industrial or financial, the undersigned, by virtue of the authority which has been vested in them, have agreed as follows:
1. Corporations or Stock Companies, and other industrial or financial commercial organizations, domiciled in one of the two countries, and on the condition that they have been regularly organized in conformity to the laws in force in that country, shall be recognized as having a legal existence in the other country, and shall have therein especially the right to appear before the courts, whether for the purpose of bringing an action or of defending themselves against one.
2. In all cases the said Corporations and Companies shall enjoy in the other country the same rights which are or may be granted to similar companies of other countries.
3. It is understood that the foregoing stipulation or agreement has no bearing upon the question whether a Society or Corporation organized in one of the two countries will or will not be permitted to transact its business or industry in the other, this permission remaining always subject to the regulations in this respect existing in the latter country.
This Agreement shall go into force on the 25/12 of June 1904, and shall only be discontinued one year after its denunciation shall have been made by one of the parties to the agreement. Made in duplicate at St. Petersburg, the 25/12 day of June 1904.
COUNT LAMSDORFF. ROBERT S. McCORMICK.
IN EXECUTIVE SESSION, SENATE OF THE UNITED STATES, May 6, 1909. Resolved (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of an Agreement (Ex. D, 58th, 3d) between the United States and Russia to regulate the position of corporations or stock companies and other commercial associations; signed at St. Petersburg on June 25, 1904.
Resolved, That the Senate advises and consents to the ratification of the said agreement with the understanding that the regulations referred to in the third paragraph in the agreement as existing in the several countries refer to and include on the part of the United States the regulations established by and under the authority of the several States of the Union.
PROTECTION OF TRADE-MARKS IN CHINA.
AGREEMENT EFFECTED BY EXCHANGE OF NOTES JUNE 28, 1906.
PEKING, June 23, 1906. MR. MINISTER AND DEAR COLLEAGUE: The Government of the United States being desirous of reaching an understanding with the
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Government of Russia for the reciprocal protection against infringement in China by citizens and subjects of our respective nations of trade-marks duly registered in the United States and Russia, I am authorized by the Secretary of State of the United States to inform you that the American consular courts in China afford protection against infringement in China by American citizens of trade-marks the property of Russian subjects which have been duly registered in the United States.
I beg that you will kindly inform me whether like protection will
W. W. ROCKHILL.
Russian Legation, Peking.
Mr. Pokotilow to Mr. Rockhill.
PEKING, June 28, 1906. MR. MINISTER AND DEAR COLLEAGUE: I have the honor to acknowledge the receipt of your note of to-day's date by which you kindly inform me that the Government of the United States being desirous of reaching an understanding with the Imperial Government of Russia concerning the protection in China of trade-marks duly registered in Russia and the United States, you have been authorized to declare that the American consular courts in China have jurisdiction in all matters concerning the infringement by persons subject to the jurisdiction of the United States of trade-marks the property of Russian subjects which have been duly registered in the United States.
Being duly authorized by my Government, I have the honor to inform you that the Imperial Government is equally ready to insure in China through the Russian consular courts protection for trademarks the property of persons subject to the jurisdiction of the United States and duly registered in Russia which may be infringed by Russian subjects. I deem it necessary, however, to observe that infringements of trade-marks not being considered by the American statutes a criminal offense persons subject to the jurisdiction of the · United States having suffered injury can, through reasons of reciprocity, only claim before the Russian courts indemnification for the damages sustained by them.
Please accept, Mr. Minister and dear Colleague, the assurance of my highest consideration.
American Legation, Peking.
(FORMERLY SAN SALVADOR.)
CONVENTION OF AMITY, NAVIGATION, AND COMMERCE. Concluded January 2, 1850; ratification advised by the Senate Sep
tember 24, 1850; ratified by the President November 14, 1850; time for exchange of ratifications extended by the Senate September 27, 1850; ratifications exchanged June 2, 1852; exchange of ratifications consented to by the Senate April 4, 1853; proclaimed April 18, 1853.
nationality of vessel.
nationality of imports.
cable to voyages from any port.
XV. Commerce in war.
The United States of North America and the Republic of San Salvador, desiring to make lasting and firm the friendship and good understanding which happily exists between both nations, have resolved to fix, in a manner clear, distinct, and positive, the rules which shall in future be religiously observed between each other, by means of a treaty or general convention of peace and friendship, commerce, and navigation
For this desirable object the President of the United States of America has conferred full powers upon E. G. Squier, a citizen of the said States, and their Chargé d'Affaires to Guatemala; and the
. This treaty was superseded by the treaty of December 6, 1570.
President of the Republic of San Salvador has conferred similar and equal powers upon Señor Licenciado Don Augustin Morales, who, after having exchanged their said full powers in due form, have agreed to the following articles:
There shall be a perfect, firm, and inviolable peace and sincere friendship between the United States of America and the Republic of . San Salvador, in all the extent of their possessions and territories,
and between their citizens respectively, without distinction of persons or places.
The United States of America and the Republic of San Salvador, desiring to live in peace and harmony with all the nations of the earth, by means of a policy frank and equally friendly with all, engage mutually not to grant any particular favor to other nations in respect of commerce and navigation which shall not immediately become common to the other party, who shall enjoy the same freely, if the concession was freely made, or on allowing the same compensation, if the concession was conditional.
The two high contracting parties, being likewise desirous of placing the commerce and navigation of their
respective countries on the liberal basis of perfect equality and reciprocity, mutually agree that the citizens of each may frequent all the coasts and countries of the other, and reside therein, and shall have the power to purchase and hold lands, and all kinds of real estate, and to engage in all kinds of trade, manufactures, and mining, upon the same terms with the native citizen, and shall enjoy all the privileges and concessions in these matters which are or may be made to the citizens of any country, and shall enjoy all the rights, privileges, and exemptions in navigation, commerce, and manufactures, which native citizens do or shall enjoy, submitting themselves to the laws, decrees, or_usages there established, to which native citizens are subjected. But it is understood that this article does not include the coasting trade of either country, the regulation of which is reserved by the parties respectively, according to their own separate laws.
They likewise agree that whatever kind of produce, manufacture, or merchandise of any foreign country can be, from time to time, lawfully imported into the United States in their own vessels, may be also imported in vessels of the Republic of San Salvador; and that no higher or other duties upon the tonnage of the vessel and her cargo shall be levied and collected, whether the importation be made in vessels of the one country or of the other; and in like manner that, whatever kind of produce, manufactures, or merchandise of any for eign country can be, from time to time, lawfully imported into the Republic of San Salvador in its own vessels, may be also imported in