Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 3, 1907, (In two parts), Part I
File No. 9786.
Chargé Wilson to the Secretary of State.
Buenos Aires, October 9, 1907.
Sir: I have the honor to inclose herewith duplicate copies, together with translation of same, of a convention between the Argentine Republic and the oriental Republic of Uruguay, providing for the suppression of the authentication of signatures in requisitorial letters between the courts of the two countries. The exchange of ratifications of the convention took place on the 4th instant.
I am, etc.,
ministry for foreign affairs and worship.
I. Convention with the oriental Republic of Uruguay for the suppression of the authentication of signatures in letters requisitorial which shall be exchanged between the courts of the two countries.
Jose Figueroa Alcorta, constitutional President of the Argentine Republic, to all whom these presents come, greeting:
Whereas, between the Argentine Republic and the oriental Republic of Uruguay, there has been negotiated, concluded, and signed in the city of Montevideo on the 18th day of September, 1903, by the plenipotentiaries duly authorized for that purpose, a convention for the purpose of abolishing the authentication of signatures in letters requisitorial and letters rogatory which shall be exchanged between the courts of the two countries in civil or criminal cases through the intermediary of their respective diplomatic agents, or, in default of these, through the consuls, of which the contents is as follows:
Having met together, the minister for foreign affairs of the oriental Republic of Uruguay, his excellency the envoy extraordinary and minister plenipotentiary of the Argentine Republic, Dr. Mariano Demaria, and his excellency of the [Page 48] same ministry, Dr. José Romeu, with the purpose of simplifying the conditions established by Chapter II, articles 3 and 4, of the treaty of legal procedure sanctioned by the South American Congress of Private International Law of Montevideo on January 11, 1889, in that portion which refers to the authentication of signatures, letters requisitorial, and other documents proceeding from either countries, and after having communicated to each other their full powers, found in good and due form, have agreed as follows:
Article I.
Letters rogatory in civil or criminal cases directed by the courts of the Argentine Republic to those of the oriental Republic of Uruguay, or by those of the oriental Republic of Uruguay to those of the Argentine Republic, shall not need the authentication of signatures in order to have faith, when they shall have proceeded through the intermediary of diplomatic agents or, in their default, of the consuls.
Article II.
If the letters rogatory be issued upon a petition of a private party there shall be indicated in the same the person who is charged with the procedure before the authorities of the country to which he is going, and who shall be responsible for the costs.
Article III.
When the letters rogatory shall be issued officially the costs caused by the procedure shall belong to the Government of the country receiving them.
Article IV.
The present convention shall remain in force for an indefinite period; it may, however, be terminated by being denounced by either of the high contracting parties giving one year’s notice.
Article V.
The exchange of ratifications of this convention shall take place in the city of Buenos Aires with the shortest delay possible.
[l. s.]
[l. s.]
Law No. 4329.
Buenos Aires, August 25, 1904
Whereas the Senate and Chamber of Deputies of the Argentine Republic in Congress assembled, etc., have sanctioned with the force of—
Law.
- Article I. Let it be approved, the convention signed in the city of Montevideo the 7th day of September, 1903, by the plenipotentiaries of the Argentine Republic and of the oriental Republic of Uruguay, for the purpose of abolishing the authentication of signatures in letters rogatory in civil and criminal cases, issued by the courts of both countries, when they shall have proceeded through the intermediary of the diplomatic agents or, in their default, of the consuls.
- Article II. Let it be communicated to the executive power.
Given in the hall of sessions of the Argentine Congress in Buenos Aires the 12th of August, 1904.
N. Quirno Costa
Benjamin Victorica.
A. Labougle,
Secretary of the Senate.
A. M.
Tallaferro,
Pro Secretary of
the Chamber of Deputies.
Wherefore let it be a law of the nation, let it be communicated to and published in the Official Bulletin and given to the National Registry.
Roca,
J. A. Terry.
Whereas having seen and examined the aforesaid convention and it having been approved by the honorable National Congress by law No. 4329, of the 12th of August, 1904, to be inscribed, I accept it, confirm and ratify it, promising and binding myself, in the name of the nation, to fulfill and cause to be fulfilled faithfully its conditions.
In testimony of which I have signed with my hand the present instrument of ratification, sealed with the great seal of the arms of the Republic, and countersigned by the minister in the department of foreign affairs and worship.
- J. Figtjeroa Alcorta.
- E. S. Zeballos.
Act of exchange.
The minister of foreign affairs of the Argentine Republic, His Excellency Dr. Estanislao S. Zeballos, and His Excellency Dr. Eduardo Acevedo Diaz, envoy extraordinary and minister plenipotentiary of the oriental Republic of Uruguay, having met with the object of proceeding to the exchange of ratification of the convention, signed in the city of Montevideo, the 18th of September, 1903, by the envoy extraordinary and minister plenipotentiary of the Argentine Republic, Dr. Mariano Demaria, and the minister of foreign affairs of the oriental Republic of Uruguay, Dr. José Romeu, for the suppression of the authentication of signatures in letters requisitorial and letters rogatory in civil and criminal cases which shall be exchanged between the courts of either country through their respective diplomatic agents or in their default through the consuls, having examined their full powers which were found to be in good and due form, and after having read the instruments of ratification presented containing the text of the convention indicated, which they find in agreement with each other, and with the respective originals, verify the exchange in due form.
- E. S. Zeballos.
- E. Acevedo Diaz.