File No. 15927–2.
Minister Dawson to
the Secretary of State.
American Legation,
Bogota, September 4,
1908.
No. 156.]
Sir: I have the honor to inclose herewith a
copy and translation of the recently ratified convention between
Colombia and Spain in regard to giving effect in each country to the
judgments of the courts of the other, and a copy and translation of the
law of the National Assembly No. 7 of 1908 (August 13) approving the
same.
I have, etc.,
[lnclosure
1—Translation]
Convention between Colombia and
Spain.
The Government of the Republic of Colombia and that of His Majesty
the King of Spain, desirous of drawing each day closer the relations
of friendship and good understanding happily existing between the
two nations, have resolved to celebrate a convention for the
carrying out of the civil judgments issued by the tribunals of both
countries, and for this purpose have named:
The Government of the Republic of Colombia, his excellency Juan
Evangelista Manrique, envoy extraordinary and minister
plenipotentiary in this court; and.
The Government of His Majesty the King of Spain, his excellency
Manuel Allendesalazar y Munoz de Salazar, grand cross of the Order
of Piana, of
[Page 212]
Christ of
Portugal, of the Order of Victoria of Great Britain, and the Legion
of Honor of France, minister of state, etc., who, duly authorized,
have agreed on the following articles:
- Article 1. The civil judgments
pronounced by the ordinary tribunals of either of the high
contracting parties shall be executed in the other,
providing always that they have the following requisites:
- 1.
- That they shall be final judgments and executable
in law as may be necessary for their execution in
the country in which they have been issued.
- 2.
- That they shall not be contrary to the laws in
force in the state where their execution is
asked.
- Art. 2. The first requisite
referred to in the previous article shall be proved by a
certificate issued by the minister of government or of
pardon and justice, his signature being legalized by the
corresponding minister of state or of foreign relations and
his in its turn by the respective diplomatic agent
accredited in the place of the legalization.
- Art. 3. Before execution of the
judgment, the public prosecutor or attorney shall be heard,
in accordance with the laws of the two contracting
countries, and from the decree or judgment rendered by the
tribunal applied to no appeal shall lie.
- Art. 4. The present convention
shall be ratified in conformity with the respective laws of
the two countries, and the ratifications shall be exchanged
in Madrid as soon as possible, and it shall remain in vigor
until one year after the date in which one of the high
contracting parties shall have denounced it in whole or in
part.
In faith of which the undersigned have signed the present convention,
placing their seals upon it.
[
seal]
Juan E. Manrique.
[
seal]
Manuel
Allendesalazar.
[Inclosure
2—Translation.]
law no. 7 of
1908 (13th of august) by which a convention between colombia and spain is
approved.
The national constituent and
legislative assembly decree:
A convention between Colombia and Spain for the carrying out of civil
judgments, signed at Madrid May 30, 1908, by His Excellency Juan
Evangelista Manrique, Envoy Extraordinary and Minister
Plenipotentiary of the Republic in said Court, and His Excellency
Manuel Allendesalazar y Munoz de Salazar, Minister of His Catholic
Majesty, is hereby approved.
Done in Bogota,
August 12,
1908.
- Alfredo Vazquez
Cobo,
President, - Gerardo Arrubla,
Secretary. - Fernando E. Baena,
Secretary.