The Albany register. (Albany, Or.) 1868-18??, November 19, 1870, Supplement, Image 7

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    dj deduction, par at specified in Arti
cle VI, hereinafter.
ARTICLE V.
The high contracting parties agree to
consider the result of the proceedings of
this commission as a full, perfect and fi
nal settlement of evsry claim upon either
government arising out of any transac
tion of a date prior to the exchange of
the ratifications of the present conven
tion; and further engage that every such
claim, whether or nut the same may have
been presented to the notice of, made,
preferred, or laid before the said com
missioners, shall, from and after the con
clusion of the proceedings of the said
commission, be considered and treated
as finally settled, barred, and therefore
inadraissable.
ARTICLE VI.
The salaries of the commissioners shall
not exceed forty-fire hundred dollars in
United States gold coin, each, yearly.
Those of the secretaries and arbitrator or
umpire shall be determined by the com
missioners, and in case the said commis
sion finish its labors in less than six
months, the commissioners together with
their assistantants will bo entitled to six
months' pay, and the whole expenses of
the commission shall be defrayed by a
ratable deduction on the amount of the
sums awarded by the commissioners pro
vided always that such deduction shall
Dot exceed the rate of five per cent, on
the sums so awarded. The deficiency, if
any, shall be defrayed by the two gov
ernments in monies.
ARTICLE VII.
The present convention shall be ratified
by the President of the United States, by
and with the consent of the Senate there
of, and by the President of Peru, with
the approbation of the Congress ot that
republic, and the ratifications will be ex
changed in Lima, as soon as may: be,
within six months of the date hereof.
ARTICLE VIII.
The high contracting parties declare
that this convention shall not be consid
ered as a precedent obligatory on them,
and that they remain in perfect liberty to
proceed in the manner that may be deem
ed most convenient regarding the diplo
matic' claims that may arise in the future.
In witness whereof the respective pleni
potentiaries have signed tht same la the
English and Spanish languages, and have
affixed thereto the seals of their arms.
Done in Dima, the fourth day of De
cember, in the year of our Lord one
thousand eight hundred and sixty-eight.
ALVIN P. HOVEV, l. s
J. A. BARKEN" ECHEA. l. s.
And whereas the said convention has
been duly ratified on both parts, and the
respective ratifications of the same were
exchanged at Lima on the 4th of June
. last:
Now, thereforo, be it known that I,
TJlysses S. Grant, President of the United
States of America, have caused the said
convention to be made public, to the end
that the same and every clause and arti
cle thereof may be observed and fulfilled
with good faith by the United States and
the citizens thereof.
In testimony whereof, I have hereunto
set my hand and caused the seal of the
United States to be affixed.
Done at the city of Washington this
sixth day of July, in the year of our
Lord one thousand eight hundred and
sixty-nine, and of the Independence of
the United States of America the ninety
fourth. Seal. U. S. GRANT.
By the President:
J. C. Bascboft Davis,
Acting Secretary of State.
Additional Article to the Treaty of Com
merce and Navigation between the
United States and Belgiam of July 17,
1858. Trade Marks. Concluded, De
cember 20, 1868; Exchanged, Jnne 19,
1869; Proclaimed, July 30, 1860.
BY THE PRESIDENT OF THE UNITED
STATES OF AMERICA:
A PROCLAMATION.
Whereas an additional article to the
treaty of commerce and Navigation be
tween the United States and his Ma
jesty the King of the Belgians, of the
seventeenth of July, eighteen hundred
and fifty-eight, was concluded and
signed by their respective plenipoten
tiaries at Brussels on the twentieth day
of December, eighteen hundred and
sixty eight, the original o which addi
tional article, being in the English and
French languages, is word for word as
follows:
The President of the United States and
bis Majesty the King of the Belgians,
deeming it advisable that there should be
an additional article to the treaty of
commerce and navigation between them
of the 17th July, 1858, have for this pur
pose named as their plenipotentiaries,
namely: the President of the United
States, Henry Shelton Sanford, a citizen
of the United States, their minister resi
dent near bis Majesty the King- of the
the Belgians; and his Majesty the King
of the Belgians, the Sienr Jules Vander
Stichelen, grand cross of the Order of the
Dutch Lion, Ac, his minister of foreign
affairs; who, after having communicated
to each other their full powers, have
agreed to and signed tbe following:
ADITIONAL ARTICLE.
Tbe bigb contracting parties, desiring
to secure complete and efficient protec
tion to tbe manufacturing industry of
their respective citizens, agree that any
counterfeiting in oue of the two countries
of the trade marks affixed in the other on
merchandise, to show its origin and
quality, shall be strictly prohibited, and
shall give ground for an action of dam
ages in favor of the injured party, to be
prosecuted in the courts of the country
in which the counterfeit shall be proven.
The trade marks in which the citizens
of one of the two countries may wish to
secure tbe right of property in the other,
must be lodged, to wit: tbe marks of
citizens of the United States, at Brussels,
in tbe office of tbe clerk ot the tribunal
of commerce; and the marks of Belgian
citizens, at the patent oflice in Washing
ton. It is understood that if a trade mark
has become public property in the coun
try of its origin, it shall be equally free
to all in tbe other country.
This additional article shall have tbe
same duration as the before-mentioned
treaty of the 17th July, 1858, to which it
is an addition. Tbe ratifications thereof
shall be exchanged in tbe delay of six
months, or sooner, if possible.
In faith whereof, tbe respective pleni
potentiaries have signed the same, and
affixed thereto their seals.
Done at Brussels in duplicate, the
twentieth of December,
Seal. eighteen hundred and Bixty
eight. II. S. SANFORD.
And whereas the said additional arti
cle has been duly ratified on both parts,
and the respective ratifications were ex
changed at Brussels, the nineteenth day
of June, one thousand eight hundred and
Bixty-nine.
Now, therefore, be it known that I, U.
S. Grant, President of tbe United Slates
of America, have caused tbe 'said addi
tional article to be made public, to the
end that tbe same,and every clause there
of, may be observed aud fulfilled in good
faith by the United States and the citi
zens thereof.
In witness whereof, I have hereunto
set my hand aud caused the seal of the
United States to be affixed.
Done in tbe city of Washington, this
thirtieth day of July, in the
year of our Lord one thous
Seal. and eight hundred and
sixty-nine, and of the Inde
pendence of the United
States the ninety-fourth.
; U. S. GRANT.
By the President:
Hamilton Fish,
Secretary of State.
BY THE PRESIDENT OF THE UNITED
STE3 OF AMERICA. .
A PROCLAMATION.
Whereas an additional article to the
convention for the surrender of crimi
nals, between the United States and
his Majesty the King of Italy, was
concluded and signed by their respec
tive, plenipotentiaries at Washington,
on the twenty-first day of January,
eighteen hundred and sixty-nine, which
additional article being in the English
and Italian languages, is word for word
as follows:
It is agreed that the concluding para
graph of the second article of the con
vention aforesaid shall be so amended as
to read as follows:
8. Embezzlement by any person or
persons hired or salaried, to the detri
ment of their employers, when these
crimes are subject 'to infamous punish
ment according to the lawB of the United
States, and criminal punishment accord
ing to the laws of Italy.
In witness whereof the respective pleni
potentiaries have signed tbe present ar
ticle in duplicate, and have affixed there
to the seal their arms.
Done at Washington, the 21st day of
January, 1869.
Seal. WILLIAM H. SEWARD.
Seal. M. CERRUT1.
And whereas the said additional article
has been duly ratified on both parts, and
the respective ratifications were exchang
ed at Washington, on tbe 7th instant:
Now, therefore, be it known that I, V.
S. Grant, President of the United States
of America, have caused the said addi
tional article to be made public to the end
that the same and every clause and arti
cle thereof may bs observed and fulfilled
with good faith by the United States and
the citizens thereof.
In witness whereof, I have hereunto
set my hand and caused the seal of the
United States to be affixed.
Done at the city of Washington, this
eleventh day of May, in the year of our
Lord one thousand eight hundred and
sixty-nine, and of the Independence of
the United States of America the ninety
third. U. S. GRANT.
Seal.
- By tbe President:
Hamilton Fish,
Secretary of State.
resolution No. 77.
Joint Resolution granting the Evansville and
Southern Illinois Railroad Company the
right to build a bridge across the Big wa-
- Wabash river.
Be it resolved by Vie Senate and Bout of Rep
reeentativet ef the United State of America it
Congress aetembled:
That the Evansville and Southern Illinois
Railroad Company, a corporation organized
nnder an act of the legislature of the State of
Illinois, is hereby granted the right to con
struct an iren or wcoden bridge for railroad
purposes and as a publie highway, either with
a draw or a continuous span, as it may deter
mine, across the Big Wabash river at any
point said corporation may select, either at the
little chain, in or opposite White county; Illi
noisj and Posey county, Indiana, or at any
point above the same, extending up said river
as far as the town of New Harmony, in said
county of I'osey, and State of Indiana; and
should said railroad company hereafter at any
time consolidate with the Kvausvillc, Cariui,
and Paducah Railroad Company, of Indiana,
or any company now organized or hereafter to
be organized in the said State of Indiana, that
tbo rights and franchises hereby granted shall
ennure to and become vested in said consoli
dated company and its assigns forever: Pro
vided that the bridge to be constructed undor
the uuthority hereby granted shall not inter
fere with the free navigation of said stream
beyond what is necessary in order to carry
into full effect the rights and privileges hereby
granted, aud shall be liuilt at right angles
with the current of the atieam where said
bridge may be erected, and that a space of at
least one hundred and seventy feet over the
main channel of said stream shall be left be
tween the piers of said struciuye: And pro
vided further. That if said bridge shall be
built with a draw of not less than one hundred
feet in width, aud said draw is kept in repair
lor the passage of boats at all times, the de
tention of parsing said bridge shall uot he
construed as interfering with the navigation
of tbe stream: And be it further provided.
That said bridgo shall be and considered a le
gal structure, and shall be a post road for the
transmission of the United States mails: And
provided further, that in ease said bridge is
built with a continuous span, the piers shall
be at lrast two hnudred feet apart, and the
bridge shall be built at such height as not to
interfere with the navigation of said river by
steamboats.
Approved, July 11, 1870.
A RESOLUTION to determine the construc
tion of an act to provide internal revenue
to support the Government, and for other
Purposes, approved June 30, 1SG4.
Resolved by the Senate and Horse o f Repre
sentatives of the United Mates of' America
in Congress assembled.
That the act entitled "An act to provide in
ternal revenue to support the government, to
pay interett on the publie debt, and for other
purposes," approved 3June thirty, eighteen
hundred and sixty-four, and the several
amendments thcreunto,shaIl nntbe construed
to as to impose a tax on any nndisputable sum
added to the contingent fuud of any fire, ina
riue. luland. life, health, accident; or like in
surance company, or any unearned premium
or premiums received for risks assumed by
such companies to their policy-holders.
Approved, July lo, 1570.
Convention between the United States of
America and France concerning Trade
Marks.
BY THE PRESIDENT OF THE UNITDE
STATES.
A PROCLAMATION.
Whereas a convention between the United
States and his imperial Majesty the Emper
or of the French was concluded and signed
by their respective plenipotentiaries at the
city of Washington on the sixteenth day of
April last, which convention, being in the
English and French languages, is word for
word as follows .
The United States of America and his Maj
esty the Emperor of the French, desiring to
secure in their respective territories a guaran
tee of property in trade marks, have resolved
to conclude a special convention for this pur
pose, and have named os their plenipotenti
aries : the President of the United States,
Hamilton Fish, Lecretary of State, and his
Majesty the Emperor of the French, J. Ber
themy. Commander of the Imperal Order of
the Legion of Honor, Ac, 4c, ace., accred
ited as his envoy extraordinary and minister
plenipotentiary to the United States ; and the
said plenipotentiaries, after an examination of
their respective full powers, which were found
to be in good and due form, have agreed to
aud signed the following articles :
Article I.
Every reproduction in one of tbe two coun
tries of trade marks affixed in the other to
certain merchandise to prove its origin and
quality, is forbidden , and shall give ground
for an action for damages in favor of the in
jured party, to be prosecuted in the courts of
the country in which the counterfeit shall be
proven, just as if the plaintiff were a subject
or citizen of that country.
Tbe exclusive right to uso a trade mark for
the benefit citizens of the United States in
France, or of French subjects in the territory
of the United States, cannot exist for a longer
period than that fixed by the law of the aoun
try for its own citizens.
If the trade mark has become public prop
erty in the country of its origin, it shall be
equally free to all in the other country.
Article II.
If the owners of trade marks, residing in
either of the two coudtries, wish to secure
their rights in the other country, they must
deposit duplicate copies of those marks in the
patent office at Washington, and in the clerk's
office of the Tribunal of Commerce of the
Seine, at Paris.
Article III.
The present arrangement shall take effect
ninety day after the exchange of ratifications
by the two governments, and shall continue
in force for ten years from this date.
In case either of the two high contracting
parties gives notice of its intention to discon
tinue this convention, twelve months from its
expiration, it shall remain in force one year
from the time that either of the higq contract
ing parties announces its discontinuance.
Article IV.
The ratifications of this present arrange
ment shall be exchanged at Washington with
in ten eonthi, or sooner, if possible.
In faith whereof the respective plenipoten
tiaries have signed the present convention in
duplicate and affixed thereto the seal of their
arms.
Done at Washington, the sixteenth day of
April, in tbe year of our Lord, one thousand
eight hundred and sixty-nine.
Seal. HAMILTON FISH.
Seal. BERTHEMY.
And whereas the said convention has been
- duly ratified on both parts, and the respective
ratifications of the same were exchanged at
Washington, on the 3d instant, by J. C. B,
Davis, aeting Secretary of State of tbe Uni
ted States, andjCount Faverney,' charge d'af
faires of bis imperial Majesty the Emperor of
the French at Washington, on tbe part of
their respective governments :
Now, therefore, be it known that I, Ulys
ses S. tirant. President of the United States
of America, have caused tbe said convention
to be made public, to the eud that the same
and every part thereof may be observed and
fulfilled with good faith by tbe United States
and tbo citizens thereof.
In witness whereof, t have hereunto set my
baud and cause! tbe seal of the United States
to be affixed.
Done at the city of Washington, this sixth
dav of July, in the year of our Lord one
thousand eight hundred and sixty-nine, and
of the Independence of the United States the
ninetv-fourth.
Seal. U. S. GRANT.
By the President:
J. C. B. Davis, Aeting Secretary of State.
AMENDED ARTICLE.
To replace Article 16 of the Detailed Regula
tions lor the Postal Convention Bigned at
" Florence the !th day of November, 1S67.
In accordance with Article XVIII. of the
postal convention between Italy and the United
States, signed at Florence on the eighth day
of November, eighteen hundred and sixty
seven, the two administrations have greed,to
replace Article XVI of the detailed regula
tions, of nineteenth day of March and secoid
doy of May, oue thousands-eight huudred and
sixty-eight, by the following article :
ARTICLE XVI
It is understood that the aoecunts between
the two offices shall be established, in the re
spective letter-bills, in the proper money of
the despatching office ; but the international
postages on tbe unpatd lotters, or insufficient
ly prepaid letters, shall be computed in the
money of the receiving office. The reduction
of" these moneys shall bo effected in the gen
eral at the rate of five lire ten centisimi of It
aly for one dollar of the United States.
In entering the foreign charges on the letter-bill,
in the money nl the despatching of
fice, the cent of the United States, and five
centisimi of Italy shall be taken as equiva
lent. It is also understood that the "quarterly ac
counts shall be paid, respectively, in gold,
and in the denomination of the money of the
creditor office.
Signed at Washington, the first dao of May,
eighteen hundred and sixty-nine, and at Flor
ence the twenty-fifth day of May, eighteen
hundred and sixtv-nine.
JNO. A. J. CRESWELL,
Postmaster-General.
G. BARBAVARA,
Director-General of Posts.
BY THE PRESIDENT OF THE UNITED
STATES OF AMERICA.
A PROCLAMATION.
Whereas an additional article to the conven
tion for regulating the jurisdiction of con
suls, between the United States of America .
and his Majesty the King of Italy, was
concluded and signed by their respective
plenipotentiaries at Washington, on the
twenty-first day of January, eighteen hun
dred and sixty-nine, which additional arti
cle, being in the English and Italian lan
guages, is word for word as follows :
The exchange of ratifications of the con
vention for regulating the jurisdiction of con
suls, between the United States, and his Maj
esty the King of Italy, which was signed on
the 8th day of February, 1S6S, having been
unavoidably delayed beyond the period stipu
lated in Article XVII., it is agreed between
the high contracting parties that the said con
vention shall have tho same force and effeet as
it would have had if the exchange han been
effected within the stipulated period.
In witness whereof the respective plenipo
tentiaries have signed the present article in
duplicate, and have affixed thereto the seal of
their arms.
Done at Washington, the 21st day of Jan
uary, 1S69.
Seal. WILLIAM H. SEWARD.
Seal. M. CERRUTL
And whereas the said additional article has
been duly ratified on both barts, and tho re
spective ratifications were exchanged at Wash
ington, on the 7th instant:
Now, therefore, be it known that I, U. S.
Grant, President of the United States of
America, have caused the said additional arti
cle to be made public to the end that the same
and every clause and article thereof may be
obserysd and fulfilled with good faith by the
United States and the citizens thereof.
In witness whereof, I have hereunto set my
hand and caused the seal of the United States -to
be affixed.
Done in the city of Washington, this the
eleventh day of May, in the year of our Lord
one thousand eight hundred and sixty-nine,
and of the Independence of the United States
the ninety-third.
Seal. U. S. GRANT.
By the President :
Hamilton Fish, Secretary of State,
AN ACT to facilitate tbe Administration of
Justice in the State of Texas.
Whereas the present incumbent of the of
fice of district judge for the eastern district of
the State of Texas is incapacitated by sickness
and paralysis from performing the duties of .
his office, and has remained so incapacitated
for a long period, which incapacity is believed
to be permanent, by reason of whioh the gov
ernment and citizens of the United States
have been unable to have their business trans
acted in that court, and have suffered great
loss and inconvenience therefrom : Therefore,
Resolved by the Senate and House of Sep- .
retenlativee of the United State of America
in Congress aetembled. .
That the resignation of the district judge
for the eastern district of the State of Texas,
being tendered and accepted by the President
of the United States, the salary now received
by said judge shall be continues to him dur
ing his natural life, payable in the same man
ner and form as if he actually performed the
duties of his office.
Approved, April 5, 1870.
AN ACT authorizing the construction of a
, bridge across the Arkansas river at Little
Rock, Arkansas.
! Resolved by the Senate and House of Rip
resentalives of the United Stales of America
in Congress assembled .-
That it shall be lawful for the Citizent
Bridge Company, a corporation having authoi
ity from the State of Arkansas, to build a
railroad, transit, and wagon bridge across the
Arkansas river at or near the city of Little
Rock, in Arkansas, and that, when construct
ed, all trains of nil roads terminating at tho
Arkansas river, at or near the location of said
bridge, shall be allowed to qross said bridge
for a reasonable compensation to be paid tbo
owners hereof ; and iu case of any litigation
arising from any obstruction or alleged ob
struction to the free navigation of said river,
tho cause may bo tried before the district'
court of the United States of any State in
whioh any portion of said obstruction or
bridge touches.
Smc. 2. And be it further enacted. That any
bridge built under the provision of this act
may, at tbe opinion of the company building
the same, be liuilt as a drawbridge, with a
pivoi or other form of a draw, or with uu
broken continuous spans : Provided, That
if the said bridge be made with unbroken and
continuous spans, it shall not be in any case
of less elevation than fifty feet above extreme
high-water mark, as understood at the point
of location, to the bottom chord of (he bridge.
Nor shall the spans be of less than two hun
dred and fifty in length in the clear: and the
piers of said bridge shall be parallel with the
current of said river ; and tbe main span shall
be over the main channel of the river nt low
water: And provided also, That if any bridge
built under this act shall be constructed as a
drawbridge, the same shall be constructed ns
a pivot drawbridge, with a draw over the
main channel of the river at an accessible and
navigable point, and with spaus of nut less
than one hundred and sixty feet in length in
the clear, on each side of the central or pivot
pier of the draw. And the next adjoining
spans to the draw shall not be less than two
hundred and fifty feet : and said spans shall
not be less than twenty feet above high-water
mark, measuring to the bottom chord of tbe
bridge ; and the piers of said bridgo shall be
purallcl with the current of the river: And
provided also, That said draw shall be opened
promptly upon reasonable signal, for the pass
age of boats whose construction shall not be
such as to admit of their passage under the
permanent spans of said bridge, except when
trains are passing over the same : but in no
case shall unnecessary delay occur in opening
the said draw during or after the passage of
trains.
See. 3. And be it further enacted, That any
bridge constructed under this act and accord
ing to its limitations shall be a lawful struct
ure, and shall be recognized and known as a
post-route, upon which also no higher charge
shall be made for the transmission over the
same of the mails, the troops, and the muni
tions of war of the United States, than the
rate per mile paid for their transportation
over the railroads or public highways lea ling
to the said bridge : And provided also, That
suid corporation may execute a mortgage and
issue bonds payable, principal and interest, iu
gold or United States currency.
See. 4. And be it further enacted. That the
United States shall have tho right of way for
postal telegraph purposes across said bridge.
Sec. 5. And be it lurhci enacted, That the
bridge company aforesaid, shall submit to tha
Secretary of War, for his approval, a plan
with the necessary drawings of their bridge,
conforming to the above requirements ; and
until tbe Secretary of War approve the plan
and location of said bridge, and notify tho
company of the same in writing, the bridge
shall not be built or commenced ; and should
any change be made in tbe plan of the bridge
during the progress of the work thereon, such
change shall be subject likewise to tbe approv
al of the Secretary of War,
Sec. 6. And be it further enacted. That
Congress shall have power at any time to alter
amend or repeal this act.
Approved, July 1,1870.
JOINT RESOLUTION to construe an Act
entitled "An Act to amend Act entitled
An Act to confirm certain private Land
Claims in the Territory of New Mexico.' "
Re it resolved fey the Senate and House of 2tep
resentatives of the United States of America
in Congress assembled ;
That so much of an act approved February
twenty-fifth, eighteen hundred and sixty-nine,
and entitled "An Act to amend an act- enti
tled 'An act to confirm certain private land
claims in the Territory of New Mcxioo,' " as
requires that derivative claimants under Vir
gil and St. Vrain shall establish their claims
to the satisfaction of the register and receiver
of the proper land district within one year
from the passage of said act, shall be so con
st ruod as to authorize tbe presentation of such
derivative claims within one year from tbe
completion and approval of the subdivisions!
surveys contemplated y said act of twen
fit'tn "February, eighteen hundred and sixty
nine. Sec. 2. And be it further enacted. That all
settled entitled by said act to the the rights of
pre-emption or homestead shall have the fur
ther time of thirty days, after notice in their
favor of their respective claims, to file their
declaratory statements as pre-emptors or to
make entry nnder the homestead laws, as tbey
may select.
Approved, April 23, 1S7A.
Old Judge B , of New Hamp
shire, was what Artemus Ward would
call a "sociable cuss," off the bench,
and was noted for claiming the ac
quaintance of any one whose ap
pearance happened to please him. En
tering a crowded car on the Boston
and Maine road, one day, his Honor
found tbe onjy unoccuppied seat to be
by the side of a smartly dressed and
rather good looking young woman.
Ascertaining that the seat was not en
gaged, the Judge settled himself com
fortably in it, and turning, with his
accustomed bland, fatherly smile, to
bis fair companion, said :
"Your face seems familiar to me,
my dear; I think I must know yon."
"I should think you might," said
the unknown, in a coarse, whisky,
contralto voice, turning a vindictive
pair of eyes on tbe astounded Jndge.
"I should think you. might; yon sent
me to the House of Correction ' for
three months, last winter, you infer
nal old scoundrel. "'
The Judge did not press his claim
for acquaintance.
England supports 20,000 office hold
ers who exist but in name.