change of correspondence shall take place, the routes and conveyances, the settlement of accounts, and other matters of detail, not provided for in this Chapter, may be determined by special compact between the nations immediately concerned. CHAPTER XXXVII. POSTAL MONEY ORDERS. ARTICLE 469. International postal money orders. 470. Money order offices. 471. Language. 472. Charges. 473. Gold basis. 474. Indorsement. 475. Unclaimed money. 476. Settlement of accounts. International postal money orders. 469. The post department of each nation shall issue money orders for the transmission between persons in different nations, of sums specified, not exceeding one hundred dollars.' Fifty dollars is the limit set by the conventions for exchange of postal money orders between France and Prussia, July 3, 1865, Art. I., 9 De Clercq, 329. Switzerland, Mar. 22, 1865, Belgium, Mar. 1, 1865, Italy, 9 Id., 205. 9 Id., 185. 9 Id., 10. Postal convention between the United States and Apr. 8, 1864, 1 The French treaties fix the limit at two hundred francs. Money order offices. 470. Postal money orders shall be issued at the office of the post department in the cities of London, Paris, New York, Berlin, St. Petersburgh, Vienna, and the other capital cities of the nations parties to this Code; and in such others as shall from time to time be designated by special compact between the corresponding nations. The existing treaties generally leave the designation of all the money order offices to special conventions; but in a general system, it seems proper that all nations should unite in fixing and promulgating the designation of certain central offices, correspondence with which shall be common to all. Language. 471. The postal money orders shall be in the languages of the corresponding nations. The French treaties prescribe the French language, providing, however, that the German shall accompany the French text, in the orders issued from the German offices. Charges. 472. There shall be charged on each remittance of funds, under this Chapter, a tax of one per cent., which shall always be paid by the sender.' Postal money orders, and receipts or acquittances therefor, are not subject to any other tax or charge. 1 A tax of twenty centimes for ten francs, or fraction of ten francs, is provided by the convention for exchange of postal money orders between France and Switzerland, Mar. 22, 1865, Art. II., 9 De Clercq, 205. Apr. 8, 1864, 9 Id., 185. The convention between France and Prussia, July 3, 1865, Art. II., (9 De Clercq, 329,) is to the same effect, except that as to mandats delivered by a Prussian office, the tax is two silver groschen for every rate of three thalers. The above treaties provide that the tax shall be divided equally between the two postal departments concerned. Th postal convention between the United States and The Swiss Confederation, Oct. 12, 1867, Art. V., (16 U. S. Stat. at L., (Tr.,) 321, prescribes a complicated rule involving, 1, the domestic money order charge of the dispatching office; 2, a charge for international exchange to be fixed by the dispatching office, and 3, the domestic charge of the receiving office; the first two to be prepaid, and the third to be paid at the office of destination. Gold basis. 473. If, for the internal convenience of any country, any other currency than gold shall be paid to the beneficiary of the money order, it shall be made as nearly as practicable the equivalent of gold, according to the relative values existing at the time; and if the sender is allowed to pay for his order in any other currency than gold, the amount certified by the international office is, in all cases, to be the equivalent in gold. Postal convention between the United States and the Swiss Confederation, Oct. 12, 1867, Art. VII., 16 U. S. Stat. at L., (Tr.,) 322. Indorsement. 474. Postal money orders are transferable by indorsement. Convention for exchange of postal money orders between France and Prussia, July 3, 1865, Art. I., 9 De Clercq, 329. Switzerland, Mar. 22, 1865, Unclaimed money. 475. Sums, unclaimed by those entitled to them, for a period of eight years, become the property of the administration which issued the orders. Convention for the exchange of postal money orders between France Compare, however, the postal convention between the United States and The Swiss Confederation, Oct. 12, 1867, Art. VIII., (16 U. S. Stat. at L., (Tr.,) 322,) which contains a provision that sums which, after a reasonable delay, cannot for any cause be paid to the beneficiary, shall be recertified to the dispatching administration, for the benefit of the sender, to be repaid in the manner conformable to the interior regulations of the country of origin. But the administration re-certifying the same shall have the right to first deduct its domestic charge of the same amount as if the remittance had been paid to the beneficiary. Settlement of accounts. 476. The post departments of the corresponding nations shall fix, by special compact with each other, respectively, the times and mode of stating and settling the accounts between them, under this Chapter, and of paying the balance found due from one nation to the other. TITLE XVII. PATENTS. The feasibility of an international patent law is questioned in the Transactions of the British National Association for Promotion of Social Science, 1862, p. 884; 1861, p. 804. ARTICLE 477. Protection of patents. Protection of patents. 477. The same protection which any nation extends to its own members, or to inventions, designs, or discoveries made within its limits, shall be extended upon the same terms and conditions to members of the other antions, and to inventions, designs or discoveries made in any of the other nations, except that, to secure for a work already patented in one nation protection in another, the time for registering it in the latter may be limited to three months. TITLE XVIII. TRADE-MARKS. ARTICLE 478. What may be appropriated. 480. Registry of foreign trade-mark. 481. Declaration. 482. Offices where registry is to be made. 483. Equal privileges of foreigners. What may be appropriated. 4 478. One who produces or deals' in a particular thing,' may appropriate to the exclusive use of himself, and his successors in interest, as a trade-mark, within any nation party to this Code, any name, form, or symbol which has not been so appropriated by another in such nation, to designate the origin or ownership thereof. But this Title does not authorize the exclusive appropriation of that which is merely either, 1. A name already enjoyed by another person, firm or corporation ; or, 5 6 2. A common or proper name already in use to designate the thing, or any of its qualities, or its destination; or, 3. An arbitrary sign, not signifying origin or ownership.' 1 A dealer is entitled to protection, though he be not a manufacturer. Taylor v. Carpenter, 2 Sandford's Ch. (New York) Rep., 603. A product of nature, such as the waters of a mineral spring, named and dealt in by the plaintiff, is within the principles of the law of trademarks. The Congress & Empire Spring Co. v. High Rock Congress Spring Co., New York Court of Appeals, April, 1871, 10 Abbott's Pr. (New York) Rep., (N. S.,) 349. The doctrine of trade-marks is founded on the necessity of protection for business interests. The mere assumption of a family name, without any connection with trade, is not the subject of a civil action by the English law. Du Boulay v. Du Boulay, 2 Law Rep., Privy Council, 430 |