« ПретходнаНастави »
Merchandize of every kind coming from one of the two territories or going thither shall be reciprocally exempted in the other from every transit duty, whether it pass directly through the country, or whether during the transit' it shall be unloaded, stored, and reloaded, without prejudice to the special regulations which, conformably to Article V, may be established concerning gunpowder and arms of war.
As concerns the custom-house laws and regulations on goods subjected to ad valorem duty, the importers and the products of one of the two countries shall be in all respects treated in the other as the importers and products of the most favoured country.
The provisions of the preceding articles relative to the treatment in all respects like the subjects of the most favoured state shall not affect the special facilities which have been or may be hereafter conceded on the part of one of the two states to neighboring states with respect to the local traffic between the conterminous frontier districts.
It is agreed that, as regards freight and all other facilities, goods of the United States conveyed over Serbian railways, and Serbian goods conveyed over railways of the United States, shall be treated in exactly the same manner as the goods of any other nation the most favoured in that respect.
The High Contracting Parties, desiring to secure complete and efficient protection to the manufacturing industry of their respective citizens and subjects, agree that any counterfeiting in one of the two countries of the trade-marks affixed in the other on merchandize to show its origin and quality shall be strictly prohibited and repressed and shall give ground for an action of damages in favour of the injured parties to be prosecuted in the Courts of the country in which the counterfeit shall be proven.
The trademarks in which the citizens or subjects of one of the two countries may wish to secure the right of property in the other, must be registered exclusively, to wit: the marks of citizens of the United States in the Tribunal of Commerce at Belgrade, and the marks of Serbian subjects in the Patent Office at Washington, subject to the conditions and restrictions prescribed by the laws and regulations of the country in which the trademarks are registered.
Ships of the United States and their cargoes shall in Serbia, and Serbian ships and their cargoes shall in the United States, from whatsoever place arriving, and whatever may be the place of origin or destination of their cargoes, be treated in every respect as the ships and cargoes of the most favoured state.
The preceding stipulation applies to local treatment, dues and charges in the ports, basins, docks, roadsteads, harbours and rivers of the two countries, pilotage, and generally to all matters connected with navigation.
Every favour or exemption in these respects, or any other privilege in matters of navigation which either of the Contracting Parties shall grant to a third power shall be extended immediately and unconditionally to the other party.
The present treaty shall remain in force for ten years from the day of the exchange of ratifications, and if twelve months before the expiration of that period neither of the High Contracting Parties shall have announced to the other its intention to terminate the said treaty, it shall remain obligatory until the expiration of one year from the day when either of the High Contracting Parties shall have denounced it.
The preceding stipulations shall come into force in the two countries one month after the exchange of ratifications.
The present treaty 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 His Highness the Prince of Serbia, and the ratifications shall be exchanged at Belgrade as soon as possible.
In faith whereof the Plenipotentiaries of the two High Contracting Parties have signed the present treaty in duplicate in the English and Serbian languages, and thereto affixed their respective seals. Done in duplicate at Belgrade this day of October, 1881.
Concluded October 14, 1881; ratification advised by the Senate July 5, 1882; ratified by the President July 14, 1882; ratifications exchanged November 15, 1882; proclaimed December 27, 1882. (Treaties and Conventions, 1889, p. 988.)
I. Consular officers.
IV. Testimony by consular officers.
VI. Inviolability of archives and offices.
VII. Acting officers.
VIII. Vice-consuls and agents.
IX. Correspondence with authorities.
XI. Estates of deceased persons.
The President of the United States of America and His Highness the Prince of Serbia, being mutually desirous of defining the rights, privileges and immunities of consular officers in the two countries, as well as their functions and obligations, have resolved to conclude a consular convention, and have accordingly named as their plenipotentiaries:
The President of the United States, Eugene Schuyler, Chargé d'Affaires and Consul General of the United States at Bucarest;
His Highness the Prince of Serbia, Monsieur Ched. Mijatovitch, His Minister of Foreign Affairs, Grand Officer of His Order of Takova, &c. &c. &c.
Who, after having communicated to each other their respective full powers, found to be in good and proper form have agreed upon the following articles:
Each of the High Contracting Parties agrees to receive from the other, consuls-general, consuls, vice-consuls and consular agents, in all 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 High Contracting Parties without also applying to every other power.
The, consuls-general, consuls, vice-consuls and consular agents of the two High Contracting Parties shall enjoy reciprocally, in the states of the other, all the privileges, exemptions, and immunities that are enjoyed by officers of the same rank and quality of the most favoured nation. The said officers, before being admitted to the exercise of their functions and the enjoyment of the immunities thereto pertaining, shall present their commissions in the forms established in their respective countries. The Government of each of the two High Contracting Powers shall furnish them the necessary exequatur free of charge, and, on the exhibition of this instrument, they shall be permitted to enjoy the rights, privileges and immunities granted by this convention.
Consuls-general, consuls, vice-consuls and consular agents, citizens of the State by which they are appointed, shall be exempt from preliminary arrest except in the case of offences which the local legislation qualifies as crimes and punishes as such; they shall be exempt from military billetings, from service in the regular army or navy, in the militia, or in the national guard; they shall likewise be exempt from all direct taxes, national, State or municipal, imposed upon persons, either in the nature of capitation tax or in respect to their property, unless such taxes become due on account of the possession of real estate, or for interest on capital invested in the country where the said officers exercise their functions. This exemption shall not, however, apply to consuls-general, consuls, vice-consuls or consular agents engaged in any profession, business, or trade; but said officers shall in such case be subject to the payment of the same taxes that would be paid by any other foreigner under the like circumstances.
When a court of one of the two countries shall desire to receive the judicial declaration or deposition of a consul-general, consul, viceconsul or consular agent, who is a citizen of the State which appointed him, and who is engaged in no commercial business, it shall request him, in writing, to appear before it, and in case of his inability to do
so, it shall request him to give his testimony in writing, or shall visit his residence or office to obtain it orally.
It shall be the duty of such officer to comply with this request with as little delay as possible.
In all criminal cases, contemplated by the sixth article of the amendments to the Constitution of the United States, whereby the right is secured to persons charged with crimes to obtain witnesses in their favour, the appearance in court of said consular officer shall be demanded, with all possible regard to the consular dignity and to the duties of his office. A similar treatment shall also be extended to the consuls of the United States in Serbia, in the like cases.
Consuls-general, consuls, vice-consuls and consular agents may place over the outer door of their offices the arms of their nation, with this inscription: Consulate-General, or Consulate, or Vice-Consulate, or Consular Agency of the United States or of Serbia.
They may also raise the flag of their country on their offices, except in the capital of the country when there is a legation there. They may in like manner, raise the flag of their country over the boat employed by them in the port for the exercise of their functions.
The consular offices shall at all times be inviolable. The local authorities shall not, under any pretext, invade them. In no case shall they examine or seize the papers there deposited. In no case shall those offices be used as places of asylum. When a consular officer is engaged in other business, the papers relating to the consulate shall be kept separate.
In the event of the death, incapacity or absence of consulsgeneral, consuls, vice-consuls and consular agents, their chancellors or secretaries, whose official character may have previously been made known to the Department of State at Washington or to the Ministry of Foreign Affairs in Serbia, may temporarily exercise their functions, and while thus acting they shall enjoy all the rights, prerogatives and immunities granted to the incumbents.
Consuls-general and consuls may, so far as the laws of their country allow, with the approbation of their respective governments, appoint vice-consuls and consular agents in the cities, ports and places within their consular jurisdiction. These agents may be selected from among citizens of the United States or of Serbia, or those of other countries. They shall be furnished with a regular commission, and shall enjoy the privileges stipulated for consular officers in this convention, subject to the exception specified in Articles 3 and 4.
Consuls-general, consul, vice-consuls and consular agents shall have the right to address the administrative and judicial authorities, whether in the United States of the Union, the States or the munici
palities, or in Serbia, of the State or the commune, throughout the whole extent of their consular jurisdiction, in order to complain of any infraction of the treaties and conventions between the United States and Serbia, and for the purpose of protecting the rights and interests of their countrymen. If the complaint should not be satisfactorily redressed, the consular officers aforesaid, in the absence of a diplomatic agent of their country, may apply directly to the government of the country where they exercise their functions.
Consuls-general, consuls, vice-consuls and consular agents may take at their offices, at their private residence, at the residence of the parties, or on board ship the depositions of the captains and crews of vessels of their own country, of passengers on board of them, and of any other citizen of their nation. They may also receive at their offices, conformably to the laws and regulations of their country, all contracts between the citizens of their country and the citizens or other inhabitants of the country where they reside, and even all contracts between the latter, provided they relate to property situated, or to business to be transacted, in the territory of the nation to which the said consular officer may belong.
Such papers and official documents of every kind, whether in the original, in copies, or in translation, duly authenticated and legalized by the consuls-general, consuls, vice-consuls and consular agents, and sealed with their official seal, shall be received as legal documents in courts of justice throughout the United States and Serbia.
In the case of the death of any citizen of the United States in Serbia, or of a Serbian subject in the United States, without having any known heirs or testamentary executors by him appointed, the competent local authorities shall give information of the circumstance to the Consuls or Consular agents of the nation to which the deceased belongs, in order that the necessary information may be immediately forwarded to the parties interested.
Consuls-generals, consuls, vice-consuls and consular agents shall have the right to appear, personally or by delegate, in all proceedings on behalf of the absent or minor heirs or creditors until they are duly represented.
In consideration of the present convention the United States consent to surrender the privileges and immunities hitherto enjoyed by their citizens in Serbia, in virtue of the Capitulations with the Ottoman Empire, granted and confirmed to the United States by their treaties of 1830 and 1862."
Provided always, and it is hereby agreed, that the said Capitulations shall, as regards all judicial matters, except those affecting real estate in Serbia, remain in full force as far as they concern the mutual relations between citizens of the United States and the subjects of