Obrázky stránek
PDF
ePub

ARTICLE 609.

In case No. 2 of article 596 the deposit of the debt will be made in the hands of the gaoler without necessity of special order.

If the gaoler refuses, he will be subpoenaed without delay before the court of the place in virtue of permission.

ARTICLE 610.

If release is ordered because of failure of deposit for victuals, the creditor can only have the debtor rearrested by reimbursing the debtor for expenses incurred in obtaining release, or in the case of his refusal by depositing same in the hands of the gaoler and depositing in advance sufficient for six months' victuals there will be no necessity to go through the formalities attendant on imprisonment again.

ARTICLE 611.

If the above-stated formalities have not been observed, the debtor can ask that the imprisonment be declared void, and the request, as well as the one for release, will be brought before the tribunal of the district on the jurisdiction of which he is detained.

The demand for nullity based on the question of funds will be taken before the court where the judgment has been carried into execution.

The assignment can be made with little delay, and in the domicile chosen by the imprisoned the case will be summarily judged, and the creditor can be condemned to pay damages, if there be any cause therefor.

ARTICLE 768.

Foreigners who have no fixed domicile in the Kingdom can, without there being any judgment against them, be primarily arrested on the order of the president of the district court for outstanding or demonstrable debts contracted against inhabitants of the Kingdom. The formalities prescribed by the second section of the fifth part of the second volume of the code will be applicable to the arrest for debt.

[Inclosure 2.-Translation.]

ARTICLE 33.-Bankruptcy law.

The sentence of bankruptcy involves that all judicial distraint on any portion of the property of the debtor, instituted prior to the bankruptcy, terminates immediately, and that also from that moment no sentence respecting personal detention can be executed.

If the debtor is in prison he shall be liberated as soon as the sentence relating to declaration of bankruptcy has taken effect, provided article 97 be applied.

[Inclosure 3.-Translation.]

Royal Order of the 13th of December, 1874.

ARTICLE 8.

In observance of the provisions of the preceding article persons under detention may, on payment of the involved costs, request that they be conveyed in a separate vehicle, both within the limits of the community as well as elsewhere. That request shall only be refused in case of grave reasons.

ARTICLE 9.

Documentary evidence shall be conveyed by the police officials or by public or private means of conveyance, as the ministerial official or the assistant judicial officer shall deem fit.

RATIFICATION OF EXTRADITION TREATY BETWEEN THE NETHERLANDS AND GREECE.

No. 102.]

Minister Hill to the Secretary of State.

AMERICAN LEGATION,

The Hague, Netherlands, July 24, 1906. SIR: I have the honor to state that the Netherlands Official Gazette of this date announces that the exchange of the acts of ratification of the extradition treaty between the Netherlands and Greece of the 26th of August, 1905, took place at Athens on the 20th of July, 1906. I have, etc.,

DAVID J. HILL.

ARBITRATION TREATY BETWEEN THE NETHERLANDS AND

No. 69]

DENMARK.

Minister Hill to the Secretary of State.

AMERICAN LEGATION,

The Hague, Netherlands, March 10, 1906. SIR: Referring to my predecessor's No. 900, dated June 30, 1905, relating to a Netherlands-Danish arbitration treaty, I have the honor to state that the Netherlands Official Gazette of this date announces that the acts of ratification of the same were exchanged at The Hague on the 8th of March, 1906.

I have, etc.,

ARBITRATION

No. 66.]

DAVID J. HILL.

TREATY BETWEEN THE NETHERLANDS AND
PORTUGAL.

Minister Hill to the Secretary of State.

AMERICAN LEGATION,

The Hague, Netherlands, February 20, 1906. SIR: Referring to my predecessor's No. 792, dated October 4, 1904, announcing the signing of a Netherlands-Portuguese arbitration treaty, I have the honor to inclose herewith, in duplicate, a copy of the law of February 5, 1906, whereby the said treaty is ratified by the Netherlands Government.

I annex a translation of the Dutch law to which the treaty in French text is attached.

I have, etc.,

DAVID J. HILL.

[Inclosure 1.-Translation.]

No. 18. Law of the 5th of February, 1906, containing the ratification of the treaty concluded between the Netherlands and Portugal at The Hague on the 1st of October, 1904, for the submission of certain differences to the Permanent Court of Arbitration.

We, Wilhelmina, by the Grace of God, Queen of the Netherlands, Princess of Orange, Nassau, etc.

"See footnote on page 693, Foreign Relations, 1905.
Not printed.

To all whom this shall concern, greeting: I do proclaim—

That whereas we, having deemed it advisable that the treaty concluded at The Hague on the 1st of October, 1904, between the Netherlands and Portugal, to the end that all differences in regard to which, in virtue of former conventions, an arbitral decision should be called in should be submitted to the Permanent Court of Arbitration affects legal rights and may impose upon the Kingdom pecuniary obligations; and further that it is desirable that in every special case in which, in accordance with article 1 of the said treaty, arbitral decision be called in, we reserve the right to enter into an agreement with Portugal, such as is referred to in article 31 of the convention of the 31st of July, 1899, relating to the pacific settlement of international disputes (approved by the law of the 9th of April, 1900, Official Gazette, No. 54);

Hence we, having heard the council of state and with the general consent and approval of the States-General, have approved and agreed, as we do hereby approve and agree:

ARTICLE 1.

That the annexed copy of the treaty concluded between the Netherlands and Portugal at The Hague on the 1st of October, 1904, relating to adjustment by the Court of Arbitration of all differences indicated in former provisions between the two countries respecting arbitral settlements.

ARTICLE 2.

In regard to disputes, differences, difficulties, and disagreements mentioned in article 1 of the treaty ratified by this law, we reserve the right regarding every special case to enter into a separate agreement with Portugal, such as is referred to in article 31 of the convention of the 29th of July, 1899, relating to the pacific settlement of international disputes (approved by the law of the 9th of April, 1900, Official Gazette, No. 54).

We do order and command that this shall be inserted in the Official Gazette, and all ministerial departments, authorities, corporations, and officials concerned shall strictly observe the same.

Given at The Hague, this 5th day of February, 1906.

The Minister of Foreign Affairs,

WILHELMINA.

VAN TETS VAN GOUDRIAAN.

Issued this 17th day of February, 1906.
The Minister of Justice,

E. E. VAN RAALTE.

CITIZENSHIP OF PERSONS BORN IN THE UNITED STATES OF NATURALIZED PARENTS.

The Minister of the Netherlands to the Secretary of State.

No. 173.]

[Translation.]

ROYAL LEGATION OF THE NETHERLANDS,
Washington, March 30, 1906.

Mr. SECRETARY OF STATE: By order of my Government I have the honor to request your excellency to inform me whether, according to the laws in force on the subject in the United States, the person named H. R. J. C. Van Hall is considered by the American Government as still possessing American nationality.

As your excellency will gather from the accompanying documents, Van Hall was born on July 16, 1887, and baptized on September 17 following at Helena, Mont. His father, Henry Van Hall, a Hollander by birth, had become an American citizen in 1876.

The father left the United States on September 26, 1891, and has since resided with his family at Ravenstein, Netherlands.

Thanking your excellency in advance for whatever information you may be pleased to give me, and requesting you to kindly return to me the accompanying inclosures after use,

I avail myself, etc.,

VAN SWINDEREN.

The Acting Secretary of State to the Minister of the Netherlands.
No. 72.]
DEPARTMENT OF STATE,
Washington, April 5, 1906.

SIR: I have the honor to acknowledge the receipt of your note of the 30th ultimo, asking whether one H. R. J. C. Van Hall, who had been resident in Holland with his father since 1891, but who was born in the United States, is to be considered under the laws of the United States a citizen thereof.

In reply I beg to say that there is no statute of the United States prescribing how the quality of American citizenship is lost, and the Executive is without authority to determine when and how an American citizen ceases to be such unless the question is determined by a convention between the United States and the country in which the American citizen is resident. This Government, as you are aware, holds to the doctrine of the right of expatriation, and recognizes the right of an American citizen to acquire the citizenship of another country. In the particular case in which you mention it appears that the young man, having been born in this country on July 16, 1887, has not yet reached the age of 21 years, and the right to acquire other citizenship than that of his birth is not held to exist until he has reached his majority.

The inclosures with your note are returned herewith, as requested. Accept, etc.,

ROBERT BACON.

SECOND PEACE CONFERENCE.

See INTERNATIONAL CONFERENCES at the end of the volume.

NICARAGUA, COSTA RICA, AND SALVADOR.

TREATIES BETWEEN GREAT BRITAIN AND NICARAGUA.

(Continued from Foreign Relations 1905, pp. 703-704.)
Third Assistant Secretary Wilson to Vice-Consul Wallace.

No. 5.]

DEPARTMENT OF STATE, Washington, October 6, 1906.

SIR: I have to acknowledge the receipt of your No. 228 of August 27, reporting the ratification of the treaties between the Governments of Great Britain and Nicaragua relative to the Mosquito Reservation and the abolishment of the free port of San Juan del Norte.

The pertinent part of these treaties has been printed in Foreign Relations, 1905, pages 703 and 704. You will please furnish the department with a full text of the treaties when promulgated.

I am, etc.,

No. 13.]

HUNTINGTON WILSON.

Consul Olivares to the Assistant Secretary of State.

AMERICAN CONSULATE,

Managua, Nicaragua, November 15, 1906. SIR: In compliance with the department's instructions, as contained in dispatch No. 5, of October 6, 1906, I have the honor to transmit the full text of the treaties between the Governments of Great Britain and Nicaragua relative to the Mosquito territory, which has but recently been promulgated.

I have made a careful and as nearly as possible literal translation into English of the treaties referred to, which I inclose in duplicate, with the copy of the text in Spanish.

Etc.,

JOSÉ DE OLIVARES.

[Inclosure. Translation.]

Treaty between Great Britain and the Republic of Nicaragua relative to the

Mosquito territory.

His Majesty the King of the United Realm of Great Britain and Ireland and of the British Ultramarine Dominions, Emperor of India, etc., and His Excellency the President of Nicaragua, desirous of terminating in a friendly manner the pending questions with relation to the Mosquito Reserve, have disposed to celebrate the present treaty, designated by their plenipotentiaries:

His Majesty the King of the United Realm of Great Britain and Ireland and of the British Ultramarine Dominions, Emperor of India, etc., to the Honorable

« PředchozíPokračovat »