Mr. Schuyler to Mr. Fish.
the United States,
Petersburg, Sept. 16, 1874.
(Received October 5.)
Sir: I have the honor to inclose to you herewith
two copies of a declaration between Russia and Italy for the service of
writs and the execution of rogatory commissions. I am informed that the
signature of this declaration was brought about by the desire of the Italian
government to obtain official French translations of the judicial papers of
various kinds, which, up to this time, have been presented in Italy in
Russian. By the present declaration all such papers coming either from
Russia or Italy must be accompanied by a French translation.
The principle, however, of having the tribunals of one country execute the
orders of those of another country seems to be a bad one, and it is to be
regretted that it should be sanctioned by agreements of this nature.
I have, &c.,
[Inclosure in No.
Declaration of Russia and Italy for service of
By a ukase of the 28th of August last, inserted in the Bulletin of Laws,
(No. 74,) the acting senate promulgates the declaration printed below,
which was exchanged between the acting imperial minister of foreign
affairs and the envoy of the kingdom of Italy at St. Petersburg.
The government of His Majesty the Emperor of Russia, and the government
of His Majesty the King of Italy, desiring to regulate the service of
writs and the execution of rogatory commissions in the two countries,
the undersigned, duly authorized to this effect, have agreed to the
- Article 1. The two contracting
governments pledge themselves to effect the transmission of
writs and the execution of rogatory commissions, both in civil
and penal matters, through their respective authorities, as far
as the laws of the country permit, provided that they he
accompanied with a French translation, and that the place of
residence of the party referred to in said writs or commissions
be designated in a precise manner.
- The acknowledgments of writs and summons will be delivered
reciprocally, if they are requested; they shall also be
accompanied with a French translation.
- Art. 2. Writs, summons, and rogatory
commissions shall be transmitted diplomatically.
- Art. 3. The expense occasioned by
the serving of legal writs or summons or by the execution of
rogatory commissions must be defrayed by the state to which the
request is addressed. Upon the strength of which the undersigned
have prepared the present declaration, and have affixed thereon
the seal of their arms. Done in duplicate, at St. Petersburg,
the 21st June, (3 July,) 1874.