This period shall begin to run from the said date, even for nations which shall have made the deposit after that date or which shall have adhered to the convention later. The convention shall be tacitly renewed every five years, unless denounced. Notice of denunciation must be given at least six months before the expiration of the period indicated in the preceding paragraphs to the Government of the Netherlands, which shall make it known to all the other contracting nations. The denunciation shall take effect only with regard to the denouncing nation, the convention remaining in force for the other nations. In witness whereof the respective plenipotentiaries have signed the present convention and fixed thereto their seals. Done at The Hague, June 12, 1902, in a single original, which shall be deposited in the archives of the Government of the Netherlands, and a duly certified copy thereof delivered through diplomatic channels to each of the nations which were represented at the Third Conference on Private International Law. [Inclosure 3.-Translation.] Convention of June 12, 1902, to regulate the guardianship of minors. (Between Germany, Austria-Hungary, Belgium, Spain, France, Italy, Luxembourg, the Netherlands, Portugal, Roumania, Sweden, and Switzerland.) ARTICLE 1. The guardianship of a minor is regulated according to the law of his or her nation. ARTICLE 2. If the law of the nation to which the minor belongs does not provide any arrangement for the guardianship of the minor in case the latter has his habitual residence in a foreign country, the diplomatic or consular agent authorized by the nation to which the minor belongs may provide for such guardianship, according to the law of said nation, provided the nation in which the minor resides does not oppose it. ARTICLE 3. However, the guardianship of a minor having his habitual residence abroad is established and exercised in conformity with the local law, provided it is not or can not be constituted in accordance with the provisions of articles 1 or 2. ARTICLE 4. The existence of a guardianship established in conformity with article 3 does not prevent a new guardianship from being constituted by applying articles 1 or 2. Should this be done, the fact should be notified as soon as possible to the Government of the nation where the guardianship was first established. This Government shall inform thereof either the authority who instituted the guardianship, or, if such an authority does not exist, the guardian himself. The laws of the nation where the older guardianship was established determine the time when such guardianship shall cease in the case provided for by the present article. ARTICLE 5. In all cases the guardianship begins and terminates at the periods and for the causes specified by the law of the nation to which the minor belongs. ARTICLE 6. The administration of a guardianship extends to the person and to all the property of the minor, wherever situated. This rule may admit of exceptions with regard to real estate subjected by the lex loci rei sita to special real estate regulations. ARTICLE 7. Pending the establishment of a guardianship, and in all cases of urgency, the necessary measures for the protection of the person and the interests of a foreign minor may be taken by the local authorities. ARTICLE 8. When it becomes necessary to establish a guardianship for a foreign minor, the authorities of the nation in whose territory the minor abides should notify the fact, as soon as it reaches their knowledge, to the authorities of the nation to which the minor belongs. The authorities thus notified shall make known as soon as possible, to the authorities who have given the notice, whether the guardianship has been or will be established. ARTICLE 9. The present convention applies to the guardianship of minors belonging to one of the contracting nations, who have their habitual residence in the territory of one of these nations. However, articles 7 and 8 of the present convention apply to all minors belonging to the contracting nations. ARTICLE 10. The present convention, which applies only to the European territory of the contracting nations, shall be ratified and the ratifications deposited at The Hague, as soon as a majority of the high contracting parties shall be able so to do. A record of this deposit shall be prepared, whereof a duly certified copy shall be delivered through diplomatic channels to each of the contracting nations. ARTICLE 11. The nations which were represented at the Third Conference on Private International Law, but which did not sign this convention, are permitted to adhere to it unqualifiedly. Any nation which desires to adhere shall notify its intention not later than December 31, 1904, in a document which shall be deposited in the archives of the Government of the Netherlands. The latter shall send a copy thereof, duly certified, through diplomatic channels to each of the contracting nations. ARTICLE 12. The present convention shall take effect on the 60th day from the deposit of the ratifications or from the date of the notifications of adherence. ARTICLE 13. The present convention shall remain in force for five years from the date of deposit of the ratifications. This term shall begin to run from the said date, even for nations which shall have made the deposit after that date or which may adhere to the convention later. The convention shall be tacitly renewed every five years, unless denounced. Notice of denunciation must be given, at least six months before the expiration of the term indicated in the preceding paragraphs, to the Government of the Netherlands, which shall make it known to all the other contracting nations. The denunciation shall have effect only with regard to the denouncing nation, the convention remaining in force for the other nations. In witness whereof the respective plenipotentiaries have signed the present convention and affixed thereto their seals. Done at The Hague, June 12, 1902, in a single original, which shall be deposited in the archives of the Government of the Netherlands, and whereof a duly certified copy shall be delivered, through diplomatic channels, to each of the nations which were represented at the Third Conference on Private International Law. NICARAGUA, COSTA RICA, AND SALVADOR. SETTLEMENT OF THE CLAIM OF THE SALVADOR COMMERCIAL COMPANY ET AL. AGAINST SALVADOR. Messrs. Hopkins & Hopkins, counsel for the Salvadorean Government, to Mr. Hay. WASHINGTON, August 20, 1903. SIR: At the request of the minister of El Salvador, we have the honor to transmit herewith for the files of the Department copy of an agreement entered into on the 17th of August, 1903, between the Republic of El Salvador and the Salvador Commercial Company et al., judgment claimants against that Republic. Under the terms of this agreement the claim in question is satisfied in full. We are, etc., [Inclosure.] HOPKINS & HOPKINS. ARTICLES OF AGREEMENT. 1. The Republic of Salvador and the Salvador Commercial Company et al., the parties hereto represented, respectively, by Messrs. Hopkins & Hopkins, of Washington, as counsel, and Col. John P. Irish, of San Francisco, as attorney in fact, being desirous of harmoniously adjusting and settling the claim of the said Salvador Commercial Company et al. against the said Republic of Salvador, and each being clothed with full powers in the premises, have met and agreed upon the following terms: 2. The Republic of Salvador will, within four months from the date of this instrument, deliver to the Union National Bank, of Oakland, Cal., as trustee for the claimants, national bonds of said Republic, secured by 10 per centum of the customs, equivalent in value to 67 per centum of the award made on May S, 1902, under the Hay-Zaldivar protocol, of $523,178.64. 3. Said bonds to be issued in seven series, representing their respective years of maturity, namely: 1904, 1905, 1906, 1907, 1908, 1909, and 1910, each serial issue being as follows: 36 bonds of $1,000 each; 11 bonds of $500 each; 74 bonds of $100 each; 20 bonds of $50 each; 1 bond of $68.45; 1 bond of $97.30; 1 bond of $94.53; 1 bond of $38.37; 1 bond of $158.91; 1 bond of $91.81. Bonds of the series of 1904 shall fall due on the 8th day of May of that year, and bonds issued covering succeeding years shall fall due on the 8th day of January of such years. 4. Said bonds to be in the following form, in English and Spanish, and to bear interest at the rate of 6 per cent per annum from May 8, 1902: $------ U. S. gold coin. No.. REPUBLIC OF SALVADOR. Series----- National indemnity bond. Issued pursuant to law of the Republic, in accordance with provisions of agreement dated Washington, August 17, 1903. The Republic of Salvador will pay to the Union National Bank, of Oakland, California, trustee for the lawful owner thereof, as evidenced by certificate of a Printed in Foreign Relations, 1902, p. 859 et seq. 534 ownership corresponding to this obligation, the sum of dollars, in gold coin of the United States, at the said Union National Bank, of Oakland, Cali- SAN SALVADOR, 5. With each bond issued as above by the Government of Salvador, a certificate corresponding to such bond shall be simultaneously issued and delivered to said trustee for delivery to the claimants, said certificate to be, in all respects, negotiable and likewise receivable, at the option of the holder, for customs dues, by the said Government, to its full value, in local coin or currency, equivalent to United States gold: Provided, however, That Salvador shall not be required to accept the same for customs dues in excess of the additional per centum duty levied in order to fulfil this agreement. in form as follows, in both English and Spanish: Said certificate shall be $------ U. S. gold coin. Certificate of ownership. This certifies that there has been deposited with the Union National Bank, of Oakland, California, as trustee for Salvador of the value of one national bond of the Republic of day of dollars, United States gold, payable on the 19-, with interest at six per cent per annum from May 8, 1902, and when so paid the said Union National Bank, trustee, will thereupon pay such amount, with interest, to the lawful holder hereof. This certificate is negotiable and is, at the option of the holder, also receivable for customs duties within the Republic of Salvador to its full value, in local coin or currency equivalent to United States gold, in accordance with the provisions of article 5 of agreement, dated Washington, August 17, 1903, and printed on the reverse of this certificate. Given at San Salvador, the day of 19-. 6. Said certificates shall be apportioned among the several claimants in the following manner: Salvador Commercial Company : 252 certificates, $1,000 each 70 certificates, $500 each.... H. H. Burrell : 21 certificates, $100 each. Lewis Maslin: 49 certificates, $100 each. $252, 000. 00 35, 000, 00 39, 200.00 7,000. 00 479. 15 333, 679. 15 2, 100. 00 681. 10 2,781. 10 4,900. 00 661. 71 5, 561. 71 J. H. Ellis: 14 certificates, $100 each 7 certificates, $38.37 each. 1,400.00 1, 668. 59 J. B. Hayes: 7 certificates, $158.91 each_. 1, 112. 37 7. Bonds to be paid by the Government of Salvador or by an authorized agent of that Government at the Union National Bank, of Oakland, Cal., on the 8th day of May, 1904, and on the 8th day of January of each year thereafter following, when, upon presentation of the certificates provided in paragraph 5 to the trustee, payment in full shall be thereupon made to lawful holders thereof by said trustee. The right is reserved to the Government of Salvador to redeem, at its option, any and all bonds issued pursuant to this agreement prior to maturity. 8. The Government of Salvador will notify the Department of State of the United States upon making payment to the trustee, and the latter will inform the Department of State upon payment or default. 9. The contracting parties further agree, each with the other, as follows: That the payment in full of said bonds, as herein provided, shall operate as a settlement of the claim known and described as the Salvador Commercial Company et al. against the Republic of Salvador arising out of a certain concession granted by said Republic to “El Triunfo Company, Limited," and the same shall be considered as a full and complete payment of all and any claims held by said Salvador Commercial Company et al., as above described, against the said Republic; conditioned, however, upon the faithful performance of the undertakings herein entered into. 10. The Salvador Commercial Company et al. hereby renounce and relinquish in favor of the said Government of Salvador all their right, title, and interest in and to the corporation known as El Triunfo Company, Limited; it being understood and agreed, however, that the said Government of Salvador assumes no liability whatsoever on the part of the Salvador Commercial Company et al. as shareholders in the El Triunfo Company, Limited. 11. This agreement shall be submitted to and ratified by the National Assembly of Salvador on or before the expiration of sixty days from this date, of which ratification the Government of Salvador will notify that of the United States by cable. A copy of this instrument shall be filed in the State Department. In faith whereof the said parties for and on behalf of their respective principals have hereunto subscribed their names and affixed their seals. Done in the city of Washington, D. C., in triplicate, in English and in Spanish, this 17th day of August, 1903. For the Republic of Salvador: [SEAL.] For the Salvador Commercial Company et al.: [SEAL.] Witnessed by: F. BLAIR SHOEMAKER. D. I. MURPHY. HOPKINS & HOPKINS, As Counsel. JOHN P. IRISH. As Attorney in fact. Approved this 17th day of August, 1903. [SEAL.] RAFAEL S. LOPEZ, Envoy Extraordinary and Minister Plenipotentiary, Salvador. |