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Spain by the present treaty relinquishes or cedes her sovereignty, may remain in such territory or
may remove therefrom, retaining in either event all their rights of property, including the right
to sell or dispose of such property or of its proceeds ; and they shall also have the right to carry on
their industry, commerce, and professions, being subject in respect thereof to such laws as are
applicable to other foreigners. In case they remain in the territory, they may preserve their
allegiance to the Crown of Spain by making, before a court of record, within a year from the date
of the exchange of ratifications of this treaty, a declaration of their decision to preserve such
allegiance; in default of which declaration they shall be held to have renounced ft and to have
adopted the nationality of the territory in which they may reside.

The civil rights and political status of the native Inhabitants of the territories hereby ceded
to the United States shall be determined by the Congress.

Art. X.- The inhabitants of the territories over which Spain relinquishes or cedes her sover-
eignty shall be secured in the free exercise of their religion.

Art. XI.— The Spaniards residing in the territories over which 8 pain by this treaty cedes or
relinquishes her sovereignty shall be subject in matters civil as well as criminal to the jurisdiction
of the courts of the country wherein they reside, pursuant to the ordinary laws governing the
same ; and they shall have the right to appear before such courts and to pursue the same course as
citizens of the country to which the courts belong.

Art. XII.- Judicial proceedings pending at the time of the exchange of ratifications of this
treaty in the teriltories over which Spain relinquishes or cedes her sovereignty shall be determined
according to the folloTing rules:

Ftrtt— Judgments rendered either in civil suits between private individuals or in criminal
matters, before the date mentioned, and with respect to which there Is no recourse or rtgfct of
review under the Spanish law, shall be deemed to be final, and shall be executed in doe form py
competent authority in the territory within which such judgments should be carried owt.



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WAR CHRONOLOGY. 641



Second-Civil suits between private individuals which may on the date mentioned be undeter-
mined shall be prosecuted to judgment before the court in which they may then be pending, or in
the court that may be substituted therefor.

Third Criminal actions pending on the date mentioned before the Supreme Court of Spain
against citizens of the territory which by this treaty ceases to be Spanish, shall continue under its
jurisdiction until final judgment ; but. such judgment having been rendered, the execution thereof
shall be committed to the competent authority of the place in which the case arose.

Abt. XIII.— The rights of property secured by copyrights and patents acquired by Spaniards
in the Island of Cuba, aud in Porto Rico, the Philippines, and other ceded territories, at the time of
the exchange of the ratifications of this treaty, shall continue to be respected. Spanish scientific,
literary, and artistic works, not subversive of public order in the territories in question, shall con-
tinue to be admitted free of duty into such territories for the period of ten years, to be reckoned
from the date of the exchange of the ratifications of this treaty.

Art. XIV.— Spain shall have the power to establish consular offices in the ports and places of
the territories the sovereignty over which has either been relinquished or ceded by the present
treaty.

Art. XV.— The Government of each country will, for the term of ten years, accord to the
merchant vessels of the other country the same treatment in respect of all port charges, including
entrance and clearance duties, light dues, and tonnage duties, as it accords to its own merchant
vessels not engaged in the coastwise trade.

This article may at any time be terminated on six months 1 notice given by either Government
to the other.

A ar. XVI.— It is understood that any obligations assumed in this treaty by the United States
with respect to Cuba are limited to the time of its occupancy thereof; but it will, upon the termina-
tion of such occupancy, advise any Government established in the island to assume the same
obligations.

Art. XVIL— The present treaty shall be ratified by the President of the United States, by and
with the advice and consent of the Senate thereof, and by Her Majesty the Queen Regent of Spain;
and the ratifications shall be exchanged at Washington within six months from the date hereof, or
earlier if possible.

In faith whereof we, the respective plenipotentiaries, have signed this treaty and have here-
unto affixed our seals.

Done in duplicate at Paris, the tenth day of December, in the year of our Lord one thousand
eight hundred and ninety-eight.

(Seal.) William R. Day.

(Seal.) Cushman K. Davis.

(Seal.) William P. Frte.

(Seal.) George Gray.

(Sea.) Whitelaw Rbid.

(Seal.* Euoenio Montero Rios.

(Seal.) B. de Abakzdza.

(Seal.) J. db Garnica.

(Seal.) W. R. DB VlLLA-URRtJTIA.

(Seal.) Rafael Cerero.

February 6, 1899.— Peace Treaty ratified by Senate, by a vote of 57 to 27.
February 10, 1890.— Treaty of Peace signed by the President at 2:35 P. M.



Casualties in the War with Spain.

Casualties in the American Akmiks.
Total casualties in killed and wounded duriug the war with Spain from May 1 to September 90 :

Killed. v Wounded. ,

Officers. Privates. Officer?. Privates.

Cuba 23 237 99 1,332

Porto Rico , 3 4 36

Manila 17 10 96

Died of wounds 4 ttl

Total 27 318 113 1,464

Number of deaths by disease and accidents from May 1 to September 30 was as follows :

Camp Thomas, Chickamauga Park, Ga 425 | Camp Poland, Tenn 23

Camp Cuba Libre, Jacksonville, Fla 246 j Camp Shipp, Ala 12



Tampa, Fla 56

Cuba 427

At sea, en route from Cuba to Montauk

Point 87

Manila, Philippine Islands 63

Camp Wikoff, Montauk Point, N. Y 257

Porto Rico 137

Camp Alger, Palls Church, Va 107 I

Camps in San Francisco, Cal 13? I Grand total of deaths, all causes 2,910



Camp Meade, Pa 64

Camp Hamilton, Ky 29

Camp Wheeler, Ala 35

At posts and minor camps 378

Officers 80



Total 2,565



The total force was 274,717 men, and the loss by death from all causes was 1.059 per cent.



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THE COMMERCIAL YEAR BOOK.



The Casualties or the Navy.



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Action of Manila Bay 9

Action off Cienf uegos 12

Action off Cardenas 8

Action off San Juan, Porto Rico 8

Engagement at Guantanamo, Cuba 22

Engagement off Santiago (June 22) 10

Engagement off Santiago (July 3) 11

Miscellaneous:

Eagle (July 12) 1

Bancroft (August 2) 1

Amphitrlte (August 6) 1

Yankee (August U). 1

Total 84



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652



THE COMMERCIAL YEAR BOOK.



LEGAL DECISIONS.



The "Replies and Decisions" regularly appearing In the Journal of Commerce and Com-
mercial Bulletin have long been considered high authority upon questions relating to finance,
business, law, and commercial usage. The publishers have often been requested to publish them in
a more permanent and accessible form than is afforded by the columns of a daily newspaper, and the
appearance of the more important of them in this place is in partial compliance with these requests.
The " Replies and Decisions " here printed are a small part of those which appeared in the columns
of the Journal of Commerce and Commercial Bulletin between October 1, 1897, and November 1,
1898. From this compilation we have omitted all questions of a mere temporary or personal interest;
also all which depend for their solution upon the statutes of a single State, and those statistical
questions which are indirectly answered by compilations in other parts of this volume.

The " Replies and Decisions" here Inserted are not exhaustive of any branch of commercial
law, but principally relate to questions of general interest and of frequent occurrence. As other
questions of like import arise and are determined, they will find their appropriate place in subsequent
issues of The Commercial Tear Book ; and its annual volumes will thus, in the course of a few
years, furnish practically a complete treatise upon all the more important branches of commercial
law and trade usage.



Agency.



Contract of Aoent.



A is a manufacturer, B a broker, and C a dealer.
A has been selling goods direct to B ; A has also
been selling goods through B. A makes B an
offer on some stock, which B accepts, but does
not advise A that there is any other party inter-
ested. A, upon receipt of B's orders, refuses to
make the shipment for causes Immaterial ; B then
brings in C as the buyer of this particular lot of
goods. Has C any claim upon A direct ?

Reply. -If B, acting as agent of C, buys goods
from A, then C may at any time make his connec-
tion with the contract known and enforce it
as if it had been made by him in person. This is
true even though O's interest in the contract was
not known when the agreement was made. The
only exceptions to the rule are the following : (1)
When the contract was under seal, and in the
name of the agent ; (2) when the contract involved
some consideration personal to the agent, so that
another could not fulfill his part of the agree-
ment ; or (3) where the other party to the contract,
with a knowledge of the real prlucipal, elected to
deal exclusively with the agent.



When Commissions are Earned.

A question has arisen as to when a broker's com-
mission is due, whether it is duo immediately
when the transaction is closed, or after the pay-
ment of the account to the principal. Also,
whether in case the account is lost the broker
should suffer the loss of the commission.

Reply.— Unless there is a provision in t ho agree-
ment to the contrary, a broker's commission is
earned and due as soon as the work be has under-
taken to do is done. He is not an insurer of the
account, and he is to be paid whether the buyer
pays for the goods or not. In short, an agent who



Is p»id by commissions stands in precisely the
same relation to bis principal in regard to these
matters as an agent who is paid a fixed salary.

Liabilities of Mercantile Agencies.

Some time ago I read of a decision where the
court held that a mercantile agency was liable for
damages to a subscriber who had incurred a loss
by extending credit to a customer on their rating
and report, the said rating and report being er-
roneous. Can you throw any Ifwfat on the matter
by recalling anv instance similar to the above
or stating the liability of the agencies ?

Reply.— If a mercantile agency simply under-
took to furnish commercial ratings, without any
contract specially limiting its liability, it would
be liable for the negligence or willful misconduct
of itself or its agents. But these agencies usually
limit their liabilities in various ways by contract.
Sometimes this clause of the agreement provides
that " the company shall not be liable for any los«
or injury caused by the neglect or other act of
any officer or agent of the company in procur-
ing, collecting, and communicating said infor-
mation." Sometimes the contract provides, in
substance, that the sub-agents, who actually
collect the information, shall be held to be agents
of the subscribers, and not of the company itself,
and that **the actual verity or correctness of the
said information is in no manner guarant ed."
Under such provisions both the United States
courts and those of this State hold that the com-
pany is bound simply to use reasonable care in
selecting its sub-agents, and that, having done so,
it is not liable* 4 even for a loss occasioned to a
subscriber by the willful and fraudulent act of a
sub-agent in furnishing false information." In
short, the company is not liable unless it is itself



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LEGAL DECISIONS.



653



so grossly negligent in collecting or communi-
cating information that its conduct amounts
virtually to a fraud. See 141 N. Y., 605, and 58
F. R., 174. Some of the inferior courts have
rendered decisions such as our correspondent
describes, but they have been reversed in the
higher courts. One decision of this kind, after-
wards reversed, may be found in 51 F. R., 160.

Agent's Duty to Insure.

X consigns, to be sold on commission, a car of
prunes from California to his own order, and
draws upon Johnson for an advance of fTOO, pay-
ment subject to examination of the prunes by
Johnson, after arrival. At whose risk is the in-
surance until the draft is paid ?

Reply.— An agent is bound to insure goods of
his principal in his possession in either of the fol-
lowing cases: When he has been instructed to
insure them, when it is customary for agents to
insure goods of that kind without special instruc-
tions, or when the duty to insure is imposed upon
the agent by his former course of dealing with
the same principal. The time from which he is to
insure them is the time at which they come into
his possession and control so that he is answerable
to his principal for the care and disposition of the
goods. In the case put by our correspondent the
agent should insure the goods, if he is bound to
insure them at all, as soon as he has examined
them and found that he is bound to accept them
under his contract. 1 he goods are, actually or
constructively, in possession of the owner, at his
risk, and subject to his control, until the agent
takes charge of them.



Duties or a Broker.

A cotton broker buys for a cotton dealer a lot
of cotton in the South on " landed terms," viz.,
cost and freight. The dealer pays the draft and
accepts the bill of lading. While in transit the
cotton is exposed to the weather, and upon arrival
is found to be quite wet. The broker furnished
to the dealer a c * clean " bill of lading, which has
stamped upon its face a certificate of insurance.
Is he liable to the dealer for the loss by wet, or is
the dealer to look to the transportation com-
panies and the insurance company ?

Reply.— A broker buying and shipping cotton
as agent of another person is bound only to use
reasonable care to secure the safe transportation
and delivery of the cotton. In insuring it he is
to select a responsible company and take out a
policy covering the dangers to which the mer-
chandise is most exposed. His contract with the
carrier must be such as will bind the latter to
carry the cotton in as safe a manner as is usual
with that class of goods. If damage arises
through a neglect of any of these precautions
the agent is liable ; but if he has used reasonable
care in selecting the insurer and carrier, and in
making contracts with them beneficial to bis
principal, then he is not liable.



Signature by an Agent.

If a man does business in his wife's name, should
he not sign the checks in her name and himself as
attorney, or has he a legal right to sign her name

alone ? For instance, he signs J. H (his wife's

name is Jane H ).

Reply.— Any agent who has authority to sign
his principal's name may bind his principal by
simply signing the name of the latter, without
adding anything to the signature to show that it
was not made by the principal himself. But as a



matter of convenience in preserving testimony
the face of the paper ought to show that the sig-
nature was made by an agent acting under au-
thority. If any dispute should arise under the
contract, the principal himself, or his representa-
tives, if be was dead, would probably have no
difficulty in proving that the signature was not in
the handwriting of the principal; then, if the
paper did not show who the person was who
actually made the signature, valuable rights
under the contract might be lost. For this rea-
son the other party to the contract ought to in-
sist that the name of the .agent and the fact of
his agency shall appear upon it.



Rights or an Aoent Who Has Made
Advances.

A commission merchant solicits consignments
of goods for sale, and agrees to advance liberal
sums on consignments, which he does upon re-
ceipt and examination of the goods. At the time
the goods are sold if the condition of the market
is such that the consignee does not sell the goods
for enough to amount to his advances, commis-
sions, etc., is the consignor liable to the consignee
for the deficiency?

Reply.— In such a case as our correspondent
puts, the consignor is liable to the consignee for
the deficiency. An agent, by making advances
upon goods, does not cease to be an agent, nor
make himself in any way responsible for losses
from an unfavorable market. He has a lien upon
the goods to secure his advances, disbursements,
commissions, etc., but he has a personal claim
against the owner of the goods for any deficiency.
If an agent guarantees the sale of goods at a cer-
tain minimum price, he is bound by that guar-
antee ; if it is in any way attributable to the fault
or negligence of the agent that the goods are sold
at a low price, the agent himself is liable for the
loss ; but if the agent has not guaranteed the
price, and has not been guilty of negligence, the
whole risk is to be borne by the owner. See 9 N.
Y., 477, and 28 N. Y., 67.



Commissions on Goods Withdrawn.

Six weeks ago we advanced full value on a lot
of goods, on which the usual commission is 5 per
cent., and the owner put a limit on them of fully
20 per cent, more than their value, so that it has
been impossible to sell them. He now instructs
us to deliver them to another commission house,
because a lot of goods which we bought of him
are not up to the sample and we decline to take
them. Are we entitled to our 5 per cent, com-
mission on the limit he put upon the goods we
advanced upon, or thereabouts?

Reply.— If a commission merchant has ad-
vanced full value upon goods consigned to him,
and they have been taken out of his hands before
he has had a reasonable opportunity to sell them,
be should receive full commissions to tb* extent
of his advances. If his advances have been less
than the value of the goods he should still receive
full commissions upon his advances, and, in ad-
dition, half commissions on the remaining value.



Online LibraryWilliam Usborne MooreThe Commercial year book → online text (page 110 of 125)