No. 484.
Mr. Schuyler to Mr. Fish.

No. 29.]

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.,

[Page 1015]
[Inclosure in No. 29.—Translation.]

Declaration of Russia and Italy for service of writs.

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 following provisions:

  • 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.

[l. s.]

[l. s.]

Bulletin of the Laws.