ARTICLE VII. Consuls General and Consuls may, with the approbation of their reVice-Consuls and spective Governments, appoint Vice-Consuls and Consular Consular Agents. Agents in the cities, ports, and places within their consular jurisdiction. These officers may be citizens of Germany, of the United States, or any other country. They shall be furnished with a commission by the Consul who appoints them and under whose orders they are to act, or by the Government of the country which he represents. They shall enjoy the privileges stipulated for consular officers in this convention, subject to the exceptions specified in Article III. apply to local authorities for redress ARTICLE VIII. Consuls General, Consuls, Vice-Consuls, and Consular Agents shall Consuls, &c., may have the right to apply to the authorities of the respective countries, whether Federal or local, judicial or executive, and information. within the extent of their consular district, for the redress of any infraction of the treaties and conventions existing between the two countries, or of international law; to ask information of said authorities, and to address said authorities to the end of protecting the rights and interests of their countrymen, especially in cases of the absence of the latter; in which cases such Consuls, etc., shall be presumed to be their legal representatives. If due notice should not taken, may apply to be taken of such application, the consular officers aforesaid, in the absence of a diplomatic agent of their country, may apply directly to the Government of the country where they reside. If notice is not Government. ARTICLE IX. Consuls General, Consuls, Vice-Consuls, or Consular Agents of the Consuls, &c., may two countries, or their chancellors, shall have the right, take depositions. conformably to the laws and regulations of their country— 1. To take at their office or dwelling, at the residence of the parties, or on board of vessels of their own nation, the depositions of the captains and crews, of passengers on board of them, of merchants, or of any other citizens of their own country. May verify wills, men. 2. To receive and verify unilateral acts, wills, and bequests of their countrymen, and any and all acts of agreement entered &c., of their country. upon between citizens of their own country, and between such citizens and the citizens or other inhabitants of the country where they reside; and also all contracts between the latter, provided they relate to property situated or to business to be transacted in the territory of the nation by which the said consular officers are appointed. Such papers under ceived, &c All such acts of agreement and other instruments, and also copies and translations thereof, when duly authenticated by such official seal to be re- Consul General, Consul, Vice-Consul, or Consular Agent, under his official seal, shall be received by public officials, and in courts of justice as legal documents, or as authenticated copies, as the case may be, and shall have the same force and effect as if drawn up or authenticated by competent public officers of one or the other of the two countries. ARTICLE X. In case of the death of any citizen of Germany in the United States, other without, &c., notified. or of any citizen of the United States, in the German Em- If a citizen of either pire, without having in the country of his decease any known country dies in the heirs or testamentary executors by him appointed, the nearest Consul to be competent local authorities shall at once inform the nearest consular officer of the nation to which the deceased belongs of the circumstance, in order that the necessary information may be immediately forwarded to parties interested. The said consular officer shall have the right to appear personally or by delegate in all proceedings on behalf of the absent heirs or creditors, until they are duly represented. Succession duties. In all successions to inheritances, citizens of each of the contracting parties shall pay in the country of the other such duties only as they would be liable to pay, if they were citizens of the country in which the property is situated or the judicial administration of the same may be exercised. ARTICLE XI. by deceased sailors Consuls General, Consuls, Vice-Consuls, and Consular Agents of the two countries are exclusively charged with the inventory- Consuls to take ing and the safe-keeping of goods and effects of every kind charge of effects left left by sailors or passengers on ships of their nation who or passengers. die, either on board ship or on land, during the voyage or in the port of destination. ARTICLE XII. nation admitted to Consuls General, Consuls, Vice-Consuls, and Consular Agents shall be at liberty to go either in person or by proxy on board Rights in respect vessels of their nation admitted to entry and to examine the to vesels of their officers and crews, to examine the ships' papers, to receive entry. declarations concerning their voyage, their destination, and the incidents of the voyage; also to draw up manifests and lists of freight, to facilitate the entry and clearance of their vessels, and finally to accompany the said officers or crews before the judicial or administrative authorities of the country, to assist them as their interpreters or agents. The judicial authorities and custom-house officials shall in no case proceed to the examination or search of merchant-vessels with- Merchant vessels, out having given previous notice to the consular officers of the nation to which the said vessels belong, in order to enable the said consular officers to be present. not to be searched&c., without pre vious notice. They shall also give due notice to the said consular officers, in order to enable them to be present at any depositions or statements to be made in courts of law or before local magistrates, by officers or persons belonging to the crew, thus to prevent errors or false interpretations which might impede the correct administration of justice. The notice to Consuls, Vice-Consuls, or Consular Agents shall name the hour fixed for such proceedings. Upon the non-appearance of the said officers or their representatives, the case may be proceeded with in their absence. ARTICLE XIII. Notice to name the hour. Consuls, &c., to exclusive have Consuls General, Consuls, Vice-Consuls, or Consular Agents shall have exclusive charge of the internal order of the merchant-vessels of their nation, and shall have the exclusive power to charge of the inter take cognizance of and to determine differences of every merchant kind which may arise, either at sea or in port, between thec. national order of vessels, Local authorities. to interfere only in cases of, &c. captains, officers, and crews, and specially in reference to wages and the execution of mutual contracts. Neither any court or authority shall, on any pretext, interfere in these differences, except in cases where the differences on board ship are of a nature to disturb the peace and public order in port, or on shore, or when persons other than the officers and crew of the vessel are parties to the disturbance. To aid consular officers. Except as aforesaid, the local authorities shall confine themselves to the rendering of efficient aid to the Consuls, when they may ask it, in order to arrest and hold all persons, whose names are borne on the ship's articles, and whom they may deem it necessary to detain. Those persons shall be arrested at the sole request of the Consuls, addressed in writing to the local authorities and supported by an official extract from the register of the ship or the list of the crew, and shall be held during the whole time of their stay in the port at the disposal of the Consuls. Their release shall be granted only at the request of the Consuls, made in writing. The expenses of the arrest and detention of those persons Expenses of arrest. shall be paid by the Consuls. Consuls, &c.. may ARTICLE XIV. Consuls General, Consuls, Vice-Consuls, or Consular Agents may arrest the officers, sailors, and all other persons making part of arrest deserters from the crews of ships of war or merchant-vessels of their nation, who may be guilty or be accused of having deserted said ships and vessels, for the purpose of sending them on board or back to their country. Tessels. in such cases. To that end, the Consuls of Germany in the United States shall apply Mode of procedure to either the Federal, State, or municipal courts or authorities, and the Consuls of the United States in Germany shall apply to any of the competent authorities, and make a request in writing for the deserters, supporting it by an official extract of the register of the vessel and the list of the crew, or by other official documents, to show that the men whom thay claim belong to said crew. Upon such request alone thus supported, and without the exaction of any oath from the Consuls, the deserters (not being citizens of the country where the demand is made either at the time of their shipping or of their arrival in the port) shall be given up to the Consuls. All aid and Deserters to be protection shall be furnished them for the pursuit, seizure, imprisoned until, &c. and arrest of the deserters, who shall be taken to the prisons of the country and there detained at the request and at the expense of the Consuls, until the said Consuls may find an opportunity of sending them away. If, however, such opportunity should not present itself within the space of three months, counting from the day of the arrest, the deserters shall be set at liberty, and shall not again be arrested for the same cause. ARTICLE XV. In the absence of an agreement to the contrary between the owners, Damages suffered freighters, and insurers, all damages suffered at sea by the at sea by vessels, &c. vessels of the two countries, whether they enter port voluntarily or are forced by stress of weather, shall be settled by the Consuls General, Consuls, Vice-Consuls, and Consular Agents of the respective countries. If, however, any inhabitant of the country, or citizen or subject of a third Power, shall be interested in the matter, and the parties cannot agree, the competent local authorities shall decide. ARTICLE XVI. In the event of a vessel belonging to the Government or owned by a citizen of one of the two contracting parties being wrecked, Wrecked vessels or cast on shore, on the coast of the other, the local authori. and salvage. ties shall inform the Consul General, Consul, Vice-Consul, or Consular Agent of the district of the occurrence, or if there be no such consular agency, they shall inform 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 the territorial waters of the German Empire shall take place in accordance with the laws of Germany; and, reciprocally, all measures of salvage relative to German vessels wrecked or cast on shore in the territorial waters of the United States shall take place in accordance with the laws of the United States. The consular authorities have in both countries to intervene only to superintend the proceedings having reference to the repair and revictualling, or, if necessary, to the sale of the vessel wrecked or cast on shore. For the intervention of the local authorities, no charges shall be made, except such as in similar cases are paid by vessels of the nation. Consuls only to intervene for certain purposes. &c. If doubt as to na In case of a doubt concerning the nationality of a shipwrecked vessel, the local authorities shall have exclusively tionality of vessel, the direction of the proceedings provided for in this article. All merchandise and goods not destined for consumption in the country where the wreck takes place shall be free of except, &c., to all duties. Goods on board, be free of duty. ARTICLE XVII. Trade-marks. With regard to the marks of labels of goods, or of their packages, and also with regard to patterns and marks of manufacture and trade, the citizens of Germany shall enjoy in the United States of America, and American citizens shall enjoy in Germany, the same protection as native citizens. ARTICLE XVIII. The present convention shall remain in force for the space of ten years, counting from the day of the exchange of the ratifications, which shall be exchanged at Berlin within the period of six months. Duration. Ratifications. In case neither party gives notice, twelve months before the expiration of the said period of ten years, of its intention not to renew this convention, it shall remain in force one year longer, and so on, from year to year, until the expiration of a year from the day on which one of the parties shall have given such notice. In faith whereof the Plenipotentiaries have signed and sealed this Convention. Berlin, the 11th of December, 1871. [L. S.] [L.. S.] GEO. BANCROFT. The undersigned met this day, in order to effect the exchange of the ratifications of the Consular Convention, signed on the 11th day of December, 1871, between the United States of America and Germany. Before proceeding to this act, the undersigned, Envoy Extraordinary and Minister Plenipotentiary of the United States of America, declared1. That, in accordance with the instruction given him by his Government, with the advice and consent of the Senate, the expresin Articles 111 and Sion "property," used in the English text of Articles III and IX, is to be construed as meaning and intending "real Word " property" to mean real estate. estate." 2. That, according to the laws and the Constitution of the United Article X to apply States, Article X applies, not only to persons of the male also to females. sex, but also to persons of the female sex. After the undersigned, President of the office of the Chancellor of the Empire, had expressed his concurrence with this declaration, the acts of ratification, found to be in good and due form, were exchanged, and the present protocol was in duplicate executed. Berlin, the 29th April, 1872. GEO. BANCROFT. DELBRUECK. |