FISHERIES Protocol signed at Washington June 7, 1873, relating to entry into force of articles XVIII-XXV and XXX of treaty of May 8, 1871 Entered into force June 7, 1873 18 Stat. 372; Treaty Series 136 PROTOCOL OF A CONFERENCE HELD AT WASHINGTON ON THE SEVENTH Day of June, ONE THOUSAND Eight Hundred and Seventy Three Whereas it is provided by Article XXXIII of the Treaty between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and the United States of America, signed at Washington on the 8th of May 1871,1 as follows: ARTICLE XXXIII The foregoing Articles XVIII to XXV inclusive, and Article XXX of this Treaty shall take effect as soon as the Laws required to carry them into operation shall have been passed by the Imperial Parliament of Great Britain, by the Parliament of Canada, and by the Legislature of Prince Edwards Island on the one hand and by the Congress of the United States on the other. Such assent having been given, the said Articles shall remain in force for the period of ten years from the date at which they may come into operation, and further until the expiration of two years after either of the High Contracting Parties shall have given notice to the other of its wish to terminate the same; each of the High Contracting Parties being at liberty to give such notice to the other at the end of the said period of ten years or at any time afterward. And whereas, in accordance with the stipulations of the above recited Article, an Act was passed by the Imperial Parliament of Great Britain in the 35th and 36th years of the Reign of Queen Victoria, intituled "An Act to carry into effect a Treaty between Her Majesty and the United States of America." And whereas an Act was passed by the Senate and House of Commons of Canada in the fifth session of the First Parliament, held in the thirty fifth year of Her Majesty's Reign, and assented to in Her Majesty's name, by the Governor General on the Fourteenth day of June 1872, intituled "An Act relating to the Treaty of Washington 1871." 1 TS 133, ante, p. 184. And whereas an Act was passed by the Legislature of Prince Edward's Island and assented to by the Lieutenant Governor of that Colony on the 29th day of June 1872, intituled “An Act relating to the Treaty of Washington 1871." And whereas an Act was passed by the Senate and House of Representatives of the United States of America in Congress assembled, and approved on the first day of March 1873,2 by the President of the United States, entitled "An Act to carry into effect the provisions of the Treaty between the United States and Great Britain, signed in the city of Washington, the eighth day of May, eighteen hundred and seventy one, relating to Fisheries." The undersigned Hamilton Fish, Secretary of State of the United States, and the Right Honourable Sir Edward Thornton, one of Her Majesty's Most Honourable Privy Council, Knight Commander of the Most Honourable Order of the Bath, Her Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary to the United States of America, duly authorized for this purpose by their respective Governments, having met together at Washington and having found that the laws required to carry the Articles XVIII to XXV inclusive, and Article XXX of the Treaty aforesaid into operation have been passed by the Imperial Parliament of Great Britain, by the Parliament of Canada, and by the Legislature of Prince Edward's Island on the one part, and by the Congress of the United States on the other, hereby declare that Articles XVIII to XXV, inclusive, and Article XXX of the Treaty between Her Britannic Majesty and the United States of America of the 8th of May, 1871, will take effect on the First day of July next. In witness whereof the undersigned have signed this Protocol, and have hereunto affixed their seals. Done in duplicate at Washington, this Seventh day of June, 1873. 17 Stat. 482. HAMILTON FISH EDWD. THORNTON [SEAL] [SEAL] FISHERIES: NEWFOUNDLAND Protocol signed at Washington May 28, 1874, extending to Newfoundland provisions of articles XVIII-XXV and XXX of treaty of May 8, 1871 Entered into force May 28, 1874; operative June 1, 1874 Proclaimed by the President of the United States May 29, 1874 18 Stat. 847; Treaty Series 137 PROTOCOL OF A CONFERENCE HELD AT WASHINGTON ON THE 28TH DAY OF MAY ONE THOUSAND EIGHT HUNDRED AND SEVENTY-FOUR Whereas it is provided by Article XXXII of the Treaty between the United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, signed at Washington on the 8th of May, 1871,1 as follows: "Article XXXII "It is further agreed that the provisions and stipulations of Articles XVIII to XXV of this Treaty, inclusive, shall extend to the Colony of Newfoundland, so far as they are applicable. But if the Imperial Parliament, the Legislature of Newfoundland, or the Congress of the United States, shall not embrace the Colony of Newfoundland in their laws enacted for carrying the foregoing articles into effect, then this article shall be of no effect; but the omission to make provision by law to give it effect, by either of the legislative bodies aforesaid, shall not in any way impair any other articles of this Treaty." And whereas an Act was passed by the Senate and House of Representatives of the United States of America in Congress assembled and approved on the first day of March 1873, by the President of the United States entitled "An Act to carry into effect the provisions of the Treaty between the United States and Great Britain signed in the city of Washington the eighth of May 1871, relating to fisheries" 2 by which Act it is provided: "SEC. 2. That whenever the Colony of Newfoundland shall give its consent to the application of the stipulations and provisions of the said Articles eighteenth to twenty fifth of said Treaty, inclusive, to that Colony, and the 1 2 17 Stat. 482. Legislature thereof, and the Imperial Parliament shall pass the necessary laws for that purpose, the above enumerated Articles, being the produce of the fisheries of the Colony of Newfoundland, shall be admitted into the United States free of duty, from and after the date of a proclamation by the President of the United States, declaring that he has satisfactory evidence that the said Colony of Newfoundland has consented, in a due and proper manner, to have the provisions of the said Articles eighteenth to twenty fifth inclusive, of the said Treaty extended to it, and to allow the United States the full benefits of all the stipulations therein contained, and shall be so admitted free of duty, so long as the said Articles eighteenth to twenty fifth, inclusive, and Article thirtieth of said Treaty, shall remain in force, according to the terms and conditions of Article thirty third of said Treaty." And whereas an Act was passed by the Governor, Legislative Council, and Assembly of Newfoundland in Legislative session convened in the thirty seventh year of Her Majesty's reign and assented to by Her Majesty on the twelfth day of May 1874, entitled "An Act to carry into effect the provisions of the Treaty of Washington as far as they relate to this Colony." The undersigned Hamilton Fish, Secretary of State of the United States and the Right Honorable Sir Edward Thornton, one of Her Majesty's Most Honorable Privy Council, Knight Commander of the most Honorable Order of the Bath, Her Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary to the United States of America duly authorized for this purpose by their respective Governments, having met together at Washington, and having found that the laws required to carry the Articles XVIII to XXV inclusive, and Articles XXX and XXXII of the Treaty aforesaid into operation have been passed by the Congress of the United States on the one part, and by the Imperial Parliament of Great Britain, by the Parliament of Canada and by the Legislature of Prince Edward Island and the Legislature of Newfoundland on the other, hereby declare that Articles XVIII to XXV inclusive and Article XXX of the Treaty between the United States of America and Her Britannic Majesty, shall take effect in accordance with Article XXXIII of said Treaty between the citizens of the United States of America and Her Majesty's subjects in the Colony of Newfoundland on the first day of June next. In witness whereof the undersigned have signed this Protocol and have hereunto affixed their seals. Done in duplicate at Washington, this twenty eighth day of May, 1874. TRADEMARKS Declaration signed at London October 24, 1877 Entered into force October 24, 1877 Senate advice and consent to ratification May 22, 1878 Ratified by the President of the United States May 25, 1878 20 Stat. 703; Treaty Series 138 The Government of the United States of America and the Government of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, with a view to the reciprocal protection of the marks of manufacture and trade in the two countries, have agreed as follows: The subjects or citizens of each of the contracting parties shall have, in the dominions and possessions of the other, the same rights as belong to native subjects or citizens, or as are now granted or may hereafter be granted to the subjects and citizens of the most favoured nation, in everything relating to property in trade-marks and trade-labels. It is understood that any person who desires to obtain the aforesaid protection must fulfill the formalities required by the laws of the respective countries. In witness whereof the undersigned have signed the present declaration, and have affixed thereto the seal of their arms. Done at London, the twenty-fourth day of October, 1877. |