Minister Beaupré to
the Secretary of State.
American Legation,
Buenos
Aires
,
October 8,
1906
.
No. 428.]
Sir: I have the honor herewith to transmit a
copy of a convention as ratified by the executive, made between this
country and Spain, whereby the requirement that the signatures of
functionaries acting in matters civil or criminal that come before the
courts of the respective countries through their diplomatic agents be
legalized is done away with. This copy is taken from the “Boletin
Oficial” (Official Bulletin), No. 3862, of the 21st ultimo, when it is
published for the first time, I believe, Though signed on September 17,
1902, and approved by congress on July 31, 1903, with the approval in
due course of President Boca during the ministry of Dr. J. V. Gonzales,
it was not ratified by this Government until the 3d ultimo, and is not
in consequence included in Volume III of the collected treaties of this
country (Tratados Convenciones, Protocolos y demás Actos
In-ternacionales Vigentes Celebrados por la Republica Argentina—Tomo
Tercero—Buenos Aires, 1905), of which copies were recently sent to the
department. The formal exchange of ratifications was made on the 17th
ultimo.
I accompany the above-mentioned copy of the ratification of said
convention with a translation.
I am, etc.,
[Inclosure.]
[Translated from the “Boletin Oficial,”
No. 3862, of September 21, 1906.]
ministry of foreign affairs.
Convention celebrated between the
Argentine Republic and the Kingdom of Spain for the suppression
of the legalization of the signatures of the functionaries that
intervene in the fulfillment of rogatory commissions in civil or
criminal matters.
José Figueroa Alcorta, constitutional President of the Argentine
Republic.
To all those who see these
presents, greetings:
Whereas between the Argentine Republic and the Kingdom of Spain there
was negotiated, concluded, and signed in the city of Buenos Aires on
the 17th day of the month of September of year 1902 by the
plenipotentiaries of the [Page 15]
Argentine Republic and of the Kingdom of Spain, duly authorized to
that end, a convention by which is suppressed the legalization of
the signatures of the functionaries that intervene in the
fulfillment of rogatory commissions that in matters civil and
criminal come before the tribunals of the two countries through
their respective diplomatic agents the tenor of which is as
follows:
Met in the ministry for foreign affairs and worship of the Argentine
Republic, H. E., the minister of that department, Dr. Luis M. Drago
and H[is] h[onor] the chargé d’affaires of Spain, Don José Caro y
Szeschenyi, for the purpose of exchanging ideas in regard to
simplifying the requirements for the validifying the rogatory
commissions that arise in the one or the other country, and after
communicating their full powers, which were found in order and due
form, have agreed upon the following:
Article I.
Rogatory commissions in matters civil or criminal directed by the
tribunals of the Argentine Republic to those of the Kingdom of Spain
or by those of the Kingdom of Spain to those of the Argentine
Republic and pursued by the intermediation of the diplomatic agents,
shall not need to give them credit the legalization of the
signatures of the functionaries that intervene for their
fulfillment.
Article II.
The present convention shall have indefinite duration but [it] shall
be possible for each one [of] the contracting parties to revoke it
provided that [it] is denounced one year in advance, and it may also
be modified by common accord in such manner as may be considered
opportune.
Article III.
The exchange of ratifications of this convention shall be made in the
city of Buenos Aires as soon as possible.
In faith in which the respective
plenipotentiaries sign and seal it in duplicate in the city of
Buenos Aires
the 17th day of the
month of September of the year 1902.
-
Luis M. Drago.
-
José Caro.
Law.
-
Article I. The convention signed at
Buenos Aires the seventeenth of September, one thousand nine
hundred and two, by the plenipotentiaries of the Argentine
Republic and of the Kingdom of Spain, duly authorized for that
purpose, suppressing the legalization of signatures of the
functionaries that intervene in the fulfillment of rogatory
commissions that in matters civil or criminal come before the
tribunals of the two countries through their respective
diplomatic agents is approved.
-
Article II. Let it be communicated
to the executive.
Given in the hall of session of the Argentine Congress in Buenos
Aires the thirty-first of July, one thousand nine hundred and
three.
N. Quirno Costa.
B. Ocampo,
Secretary of the Senate.
Benito Villanueva.
A. M. Tallaferro,
Secretary of the Chamber of Deputy.
Therefore: let it be law of the nation, let it be published in the
Official Bulletin and given to the National Registry.
Roca.
J. V. Gonzales.
Therefore: the above transcribed convention having been seen and
examined and having been approved by the national congress, by law
No. 4188, of July 31, [Page 16] 1903,
I accept, confirm and ratify it promising and obliging myself in the
name of the nation to observe it and to have it faithfully
observed.
In faith in which I sign with my hand the present instrument of
ratification, sealed with the great seal of the arms of the
Argentine Republic and countersigned by the minister of the
department of foreign affairs and worship.
Given in the city of Buenos Aires, capital of the Argentine Republic,
on the third day of the month of September, one thousand nine
hundred and six.
Figueroa Alcorta.
M. A. Montes de Oca.
Met in the ministry of foreign affairs and worship of the Argentine
Republic Dr. Manuél Augusto Montes de Oca, minister of that
department, and Señor Don Ramiro Gil de Uribarri y Osorio, envoy
extraordinary and minister plenipotentiary of His Majesty the King
of Spain, with the subject of proceeding to exchange the
ratifications of the convention signed in the city of Buenos Aires
on September 17, 1902, by the minister of foreign affairs and
worship of the Argentine Republic, Dr. Don Luis Maria Drago, and the
chargé d’affaires of Spain, Señor Don José Caro y Szichanyi, for the
suppression of the legalization of the signatures of the
functionaries that intervene in the fulfillment of rogatory
commissions that in matters civil and criminal come before the
tribunals of the two countries through the respective diplomatic
agents, they exhibited their full powers, which were found in good
and due form, and after having read the instruments of ratification
presented, containing the text of the convention referred to, which
they found to conform to the respective originals, verified the
exchange in the usual form.
The plenipotentiaries above mentioned
arranged for the preparation of the present act, which they
signed and sealed in duplicate in the city of Buenos
Aires on the 17th day of September of the year
1906.
-
M. A. Montes de Oca.
-
Ramiro Gil de
Uribarri.
