and shall be treated as such The declaration of an intention to become a citizen of the one or the other country has not for either party the effect of naturalization. ARTICLE II. A naturalized citizen of the one party on return to the territory of the other party remains liable to trial and punishment for an action punishable by the laws of his original country committed before his emigration, saving always the limitation established by the laws of his original country and any other remission of liability to punishment. In particular a former citizen of the Austro-Hungarian Monarchy, who under the first article is to be held as an American citizen is liable to trial and punishment according to the laws of AustroHungary, for non fulfilment of military duty; 1° if he has emigrated after having been drafted at the time of conscription and thus having become enrolled as a recruit for service in the standing army. 2° if he has emigrated whilst he stood in service under the flag or had a leave of absence only for a limited time; 3° if, having a leave of absence for an unlimited time, or belonging to the reserve or to the militia, he has emigrated after having received a call into service, or after a public proclamation requiring his appearance, or after war has broken out. On the other hand, a former citizen of the Austro-Hungarian Monarchy naturalized in the United States, who by, or after his emigration has transgressed the legal provisions on military duty by any acts or omissions other than those above enumerated in the clauses numbered one, two and three, can on his return to his original country neither be held subsequently to military service, nor remain liable to trial and punishment for the non fulfilment of his military duty. ARTICLE III. The convention" for the mutual delivery of criminals, fugitives from justice concluded on the 3. July 1856 between the government of the United States of America on the one part and the Austro-Hungarian Monarchy on the other part as well as the additional convention' signed on the 8 May 1848 to the treaty of commerce and navigation concluded between the said Governments on the 27 of August 1829 and especially the stipulations of Article IV of the said additional Convention concerning the delivery of the deserters from the ships of war and merchant vessels, remain in force without change. ARTICLE IV. The emigrant from the one State, who according to article I is to be held as a citizen of the other State, shall not, on his return to his original country, be constrained to resume his former citizenship, yet if he shall of his own accord reacquire it, and renounce the citizenship obtained by naturalization, such a renunciation is allowable, and no fixed period of residence shall be required for the recognition of his recovery of citizenship in his original country. @ Convention of 1856, p. 39. . Doc. 318, 58-2-4 Convention of 1848, p. 37. ARTICLE XII. Consuls-General, Consuls, Vice Consuls or Consular Agents shall have the power to cause the arrest of all sailors or all other persons belonging to the crews of vessels of their nation who may be guilty of having deserted on the respective territories of the High Contracting Powers, and to have them sent on board or back to their native country. To that end they shall make a written application to the competent local authority, supporting it by the exhibition of the ship's register and list of the crew, or else, should the vessel have sailed previously, by producing an authenticated copy of these documents showing that the persons claimed really do belong to the ship's crew. Upon such request the surrender of the deserter shall not be refused. Every aid and assistance shall moreover be granted to the said Consular authorities for the detection and arrest of deserters, and the latter shall be taken to the prisons of the country and there detained at the request and expense of the Consular authority until there may be an opportunity for sending them away. The duration of this imprisonment shall not exceed the term of three months, at the expiration of which time, and upon three days notice to the Consul, the prisoner shall be set free and he shall not be liable to re-arrest for the same cause. Should, however, the deserter have committed on shore an indictable offence, the local authorities shall be free to postpone his extradition until due sentence shall have been passed and executed. The High Contracting Parties agree that seamen, or other individuals forming part of the ship's crew, who are citizens of the country in which the desertion took place, shall not be affected by the provi sions of this article. ARTICLE XIII. In all cases where no other agreement to the contrary exists between owners, freighters, and insurers, all damages suffered at sea by the vessels of the two countries, whether they enter the respective ports voluntarily or by stress of weather, shall be settled by the ConsulsGeneral, Consuls, Vice Consuls or Consular Agents of their respective nation, provided no interests of citizens of the country where the said functionaries reside, nor of citizens of a third power are concerned. In that case, and in the absence of a friendly compromise between all parties interested, the adjudication shall take place under supervision of the local authorities. ARTICLE XIV. In the event of a vessel belonging to the Government or owned by a citizen of one of the two Contracting States, being wrecked or cast on shore upon the coast of the other, the local authorities shall inform the Consuls-General, Consuls, Vice Consuls, or Consular Agents of the district of the occurrence, or of such Consular Agency does not exist, they shall communicate with the Consul-General, Consul, Vice Consul or Consular Agent of the nearest district. All proceedings relative to the salvage of American vessels wrecked or cast on shore in Austro-Hungarian waters, shall be directed by the AUSTRIA-HUNGARY—JULY 11. 10 47 United States Consuls-General. Consule, Vice Conetis, or Consular An interference of the local authorities in the two countries shall take place for the purpose only of assisting the consular authorities in maintaining order and protecting the rights of alvors not belonging to the crew, also for enforcing the regulations relative to the import or export of the merchandise saved. In the absence and until the arrival of the Con-ul-General. Consuls. Vice Consuls or Consular Agents, or their duly appointed delegates. the local authorities shall take all the necessary measures for the protection of persons and preservation of the property saved from the wreck. No charges shall be made for the interference of the local authorities in such cases, except for expenses incurred through salvage and the preservation of property saved, also for those expenses which, under similar circumstances, vessels belonging to the country where the wreck happens would have to incur. In case of a doubt concerning the nationality of the wrecks the local authorities shall have exclusively the management and execution of the provisions laid down in the present Article. The High Contracting Parties also agree that all merchandise and goods not destined for consumption in the country in which the wreck takes place shall be free of all duties. ARTICLE. XV. Consuls-General, Consuls, Vice Consuls and Consular Agents al-o Consular Pupils, Chancellors and Consular Officers shall enjoy in the two countriesall the liberties, prerogatives, immunities and privileges granted to functionaries of the same class of the most favored nation. ARTICLE XVI. In case of the death of a citizen of the United States in the Austrian Hungarian Monarchy, or of a citizen of the Austrian Hungarian Monarchy in the United States, without having any known heirs or testamentary executors by him appointed, the competent local authorities shall inform the Consuls or Consular Agents of the State to which the deceased belonged, of the circumstance, in order that the necessary information may be immediately forwarded to the parties interested. ARTICLE XVII. The present Convention shall remain in force for the space of ten years from the date of the exchange of the ratifications, which shall be made in conformity with the respective Constitutions of the two countries, and exchanged at Washington within the period of ten (10.) months or sooner if possible. In case neither of the Contracting Parties gives notice before the expiration of the said term of his intention not to renew this Convention, it shall remain in force a year longer, and so on, from year to ARTICLE V The present convention shall go into effect immediately on the exchange of ratifications and shall continue in force ten years. If neither party shall have given to the other six months previous notice of its intention then to terminate the same, it shall further remain in force until the end of twelve months after either of the contracting parties shall have given notice to the other of such intention. ARTICLE VI. The present convention shall be ratified by the President of the United States by and with the consent of the Senate of the United States and by His Majesty the Emperor of Austria etc King of Hungary, with the constitutional consent of the two Legislatures of the Austro-Hungarian Monarchy and the ratifications shall be exchanged at Vienna within twelve months from the date hereof. In faith whereof the Plenipotentiaries have signed this convention as well in German, as in English and have thereto affixed their seals. Done at Vienna the twentieth day of September in the year of our Lord, one Thousand Eight hundred and Seventy, in the Ninety Fifth year of the Independence of the United States of America, and in the Twenty Second year of the reign of His Imperial and Royal Apostolic Majesty. [SEAL.] [SEAL.] JOHN JAY. 1871. TRADE-MARK CONVENTION. Concluded November 25, 1871; ratification advised by the Senate January 18, 1872; ratified by the President January 27, 1872; ratifications exchanged April 22, 1872; proclaimed June 1, 1872. (Treaties and Conventions, 1889, p. 39.) I. Mutual protection of trade-marks. II. Registration. ARTICLES. III. Duration. The United States of America and his Majesty the Emperor of Austria, King of Bohemia &c, and Apostolic King of Hungary, desiring to secure in their respective territories, a guarantee of property in Trade Marks, have resolved to conclude a special Convention for this purpose, and have named as their Plenipotentiaries: The President of the United States of America, John Jay, their Envoy Extraordinary and Minister Plenipotentiary from the United States of America to His Imperial and Royal Apostolic Majesty; and His Majesty the Emperor of Austria and Apostolic King of Hungary; the Count Julius Andrássy of Csik Szent Király and Kraszna Horka His Majesty's Privy Counsellor and Minister of the Imperial House and of Foreign Affairs, Grand Cross of the order of St Stephen, &c. &c. &c. who have agreed to sign the following articles. ARTICLE I. Every reproduction of Trade Marks which in the countries or territories of the one of the contracting parties are affixed to certain merchandize to prove its origin and quality is forbidden in the countries or territories of the other of the contracting parties, and shall give to the injured party ground for such action or proceedings to prevent such reproduction, and to recover damages for the same, as may be authorized by the laws of the country in which the counterfeit is proven, just as if the plaintiff were a citizen of that country. The exclusive right to use a Trade Mark for the benefit of citizens of the United States in the Austro-Hungarian Empire, or of citizens of the Austro-Hungarian Monarchy in the territory of the United States, cannot exist for a longer period than that fixed by the law of the country for its own citizens. If the Trade Mark has become public property in the country of its origin, it shall be equally free to all in the countries or territories of the other of the two contracting parties. ARTICLE II. If the owners of Trade Marks, residing in the countries or territories of the one of the contracting parties, wish to secure their rights in the countries or territories of the other of the contracting parties, they must deposit duplicate copies of those marks in the Patent Office at Washington and in the Chambers of Commerce and Trade in Vienna and Pesth. ARTICLE III. The present arrangement shall take effect ninety days after the exchange of ratifications, and shall continue in force for ten years from this date. In case neither of the high contracting parties gives notice of its intention to discontinue this Convention twelve months before its expiration, it shall remain in force one year from the time that either of the high contracting parties announces its discontinuance. ARTICLE IV. The ratifications of this present Convention shall be exchanged at Vienna within twelve months or sooner if possible. In faith whereof the respective Plenipotentiaries have signed the present Convention as well in English as in German and Hungarian, and have affixed thereto their respective seals. Done at Vienna the twenty fifth day of November in the year of our Lord one thousand eight hundred and seventy one, in the ninety sixth year of the Independence of the United States of America, and in the twenty third year of the reign of His Imperial and Royal Apostolic Majesty. JOHN JAY [SEAL.] ANDRÁSSY [SEAL.] |