Protocol concerning the jurisdiction applicable in the Kingdom of Siam to British subjects and annexed to the treaty dated March 10, 1909.

SECTION 1. International Courts shall be established at such places as may seem desirable in the interests of the good administration of justice; the selection of these places shall form the subject of an understanding between the British minister at Bangkok and the Siamese minister for foreign affairs.

SECTION 2. The jurisdiction of the International Courts shall extend

1. In civil matters: to all civil and commercial matters to which British subjects shall be parties.

2. In penal matters: to breaches of law of every kind whether committed by British subjects or to their injury.

prejudicial to British interests from a strategic point of view, shall not be granted to any foreign government or company.

Since this assurance is desired as a matter of political expediency only, the phrase "coaling station" would not be held to include such small deposits of coal as may be required for the purposes of the ordinary shipping engaged in the Malay Peninsula coasting trade.

[Signed]

RALPH PAGET.

M. LE MINISTRE,

PRINCE DEVAWONGSE TO MR. PAGET.

Foreign Office, Bangkok, March 10, 1909.

I have the honor to acknowledge receipt of your note of this date, in which you express the desire of your government that the Siamese government shall not cede or lease, directly or indirectly, to any foreign government any territory situated in the Malay Peninsula south of the southern boundary of the Monthon of Rajaburi or in any of the islands adjacent to the said territory; also that within the limits above mentioned a right to establish or lease any coaling station, to build or own any construction or repairing docks, or to occupy exclusively any harbors, the occupation of which would be likely to be prejudicial to British interests from a strategic point of view, shall not be granted to any foreign government or company.

In reply, I beg to say that the Siamese government gives its assurance to the above effect, taking note that the phrase "coaling station" shall not include such small deposits of coal as may be required for the purposes of the ordinary shipping engaged in the Malay Peninsula coasting trade.

I avail, etc.,

[Signed]

DEVAWONGSE,

Minister for Foreign Affairs.

SECTION 3. The right of evocation in the International Courts shall be exercised in accordance with the provisions of article 8 of the treaty of the 3rd September, 1883.

The right of evocation shall cease to be exercised in all matters coming within the scope of codes or laws regularly promulgated as soon as the text of such codes or laws shall have been communicated to the British legation in Bangkok. There shall be an understanding between the ministry for foreign affairs and the British legation at Bangkok for the disposal of cases pending at the time that the said codes and laws are communicated.

SECTION 4. In all cases, whether in the International Courts or in the ordinary Siamese courts in which a British subject is defendant or accused, a European legal adviser shall sit in the court of first instance.

In cases in which a British born or naturalized subject not of Asiatic descent may be a party, a European adviser shall sit as a judge in the court of first instance, and where such British subject is defendant or accused the opinion of the adviser shall prevail.

A British subject who is in the position of defendant or accused in any case arising in the provinces may apply for a change of venue, and should the court consider such change desirable the trial shall take place either at Bangkok or before the judge in whose court the case would be tried at Bangkok. Notice of any such application shall be given to the British consular officer.

SECTION 5. Article 9 of the treaty of the 3rd September, 1883, is repealed.

Appeals against the decisions of the international courts of first instance shall be adjudged by the Siamese court of appeal at Bangkok. Notice of all such appeals shall be communicated to his Britannic majesty's consul, who shall have the right to give a written opinion upon the case to be annexed to the record.

The judgment on appeal from either the international courts or the ordinary Siamese courts shall bear the signature of two European judges. SECTION 6. An appeal on a question of law shall lie from the court of appeal at Bangkok to the supreme or Dika court.

SECTION 7. No plea of want of jurisdiction based on the rules prescribed by the present treaty shall be advanced in any court after a defence on the main issue has been offered.

SECTION 8. In order to prevent difficulties which may arise in future from the transfer of jurisdiction contemplated by the present treaty and protocol, it is agreed

(a) All cases in which action shall be taken subsequently to the date of the ratification of this treaty shall be entered and decided in the competent International or Siamese Court, whether the cause of action arose before or after the date of ratification.

(b) All cases pending in his Britannic majesty's courts in Siam on the date of the ratification of this treaty shall take their usual course in such courts and in any appeal court until such cases have been finally disposed of, and the jurisdiction of his Britannic majesty's courts shall remain in full force for this purpose.

The execution of the judgment rendered in any such pending case shall be carried out by the International Courts.

In witness whereof the respective plenipotentiaries have signed the present protocol and affixed their seals.

Done at Bangkok, in duplicate, the 10th day of March, 1909.*

In connection with the above protocol the following notes, exchanged on the date of its signature, should be read:

PRINCE DEVAWONGSE TO MR. PAGET.

M. LE MINISTRE,

Foreign Office, Bangkok, March 10, 1909.

With reference to the provision contained in article 4 of the jurisdiction protocol to the effect that in all cases in which a British subject is defendant or accused a European adviser shall sit in court, I would express the hope, on behalf of his majesty's government, that his Britannic majesty's government will be prepared in due course to consider the question of a modification of or release from this guarantee when it shall be no longer needed; and, moreover, that in any negotiations in connection with such a modification or release the matter may be treated upon its merits alone, and not as a consideration for which some other return should be expected.

The Siamese government appreciates that a treaty like the one signed to-day marks an advance in the administration of justice in the kingdom. The conclusion of such a treaty is in itself a sign of progress. It is the intention of the Siamese government to maintain the high standard in the administration of justice which it has set before it, and towards which it has been working for some time.

In this connection I take pleasure in acknowledging the contribution which Mr. J. Stewart Black has made to this work.

I wish also to say that provision will be made for the treatment of European

ARBITRATION AGREEMENT BETWEEN THE UNITED KINGDOM AND

COLOMBIA.

Signed at Bogotá, December 30, 1908.

The government of His Britannic Majesty and the government of the Colombia republic, signatories of the convention for the pacific settlement of international disputes, concluded at the Hague, on the 29th July, 1899;

Taking into consideration that by article 19 of that convention the high contracting parties have reserved to themselves the right of concluding agreements, with a view to referring to arbitration all questions which they shall consider possible to submit to such treatment,

prisoners according to the standard usual for such prisoners in Burmah and the Straits Settlements.

With reference to the guarantee contained in the first paragraph of article 4 of the jurisdiction protocol, I have the honor to state that his majesty's government will be prepared in due course to consider the question of modification of or release from this guarantee when it shall no longer be needed. His majesty's government are also willing that in any negotiations in connection with such a modification or release the matter shall be treated upon its merits alone, and not as a consideration for which some other return shall be expected.

His majesty's government learn with much satisfaction that it is the intention of the Siamese government to maintain the high standard in the administration of justice which it has set before it, and towards which it has been working for some time; and I may assure your royal highness that it will be the aim of his majesty's government in every manner to second the efforts of his Siamese majesty's government in this direction.

I wish also to say that the International Courts referred to in section 1 of the protocol on jurisdiction annexed to the treaty signed to-day need not necessarily be courts especially organized for this purpose. Provincial ("Monthon ") courts or district ("Muang") courts may constitute International Courts, according as British subjects may be established in greater or less number within the jurisdiction of those courts. The fact that an ordinary court is designated as an International Court will have as a consequence the introduction into that ordinary court of all the provisions relating to International Courts secured by the protocol on jurisdiction.

Have authorized:

The government of His Britannic Majesty, Mr. Francis William Stronge, minister resident; and

The government of the republic of Colombia, Señor Doctor Francisco José Urrutia, minister for foreign affairs,

to conclude the following arrangement:

ARTICLE 1.

Differences which may arise of a legal nature, or relating to the interpretation of treaties existing between the two contracting parties, and which it may not have been possible to settle by diplomacy, shall be referred to the permanent court of arbitration established at the Hague by the convention of the 29th July, 1899, provided, nevertheless, that they do not affect the vital interests, the independence or the honor of the two contracting states, and do not concern the interests of third parties.

ARTICLE 2.

In each individual case the high contracting parties, before appealing to the permanent court of arbitration, shall conclude a special agreement defining clearly the matter in dispute, the scope of the powers of the arbitrators, and the periods to be fixed for the formation of the arbitral tribunal and the several stages of the procedure.

ARTICLE 3.

The present agreement is concluded for a period of five years, dating from the day of signature.

Done in duplicate at Bogotá, the thirtieth day of December, one thousand nine hundred and eight.

DECLARATION BETWEEN THE UNITED KINGDOM AND GERMANY REFERRING SOUTHERN BOUNDARY OF BRITISH TERRITORY OF WALFISH BAY TO ARBITRATION.

Signed at Berlin, January 30, 1909.

Whereas on the first day of July 1890, an agreement was signed respecting questions affecting the colonial interests of Great Britain and Germany,