Gambar halaman
PDF
ePub

such courts. And shall also contain forms for writs and other processes, and a tariff of fees.

18. In all cases of arrest permitted by this treaty now, and to be provided for by the "Code of Rules," the prisoners shall be, during their detention, treated with all the humanity consonant with the laws of civilized nations. Her Majesty's Government will see that they are supplied with wholesome food and drink in sufficient quantity, and detained in healthy quarters, and that they are brought to trial in the shortest time possible consonant with the convenience of the prisoner.

19. In cases of arrest of American citizens or protegés in the absence of a United States Consular Officer, or where no such officer resides, the authority causing the arrest shall immediately inform the nearest United States Consular Officer of the fact and of the circumstance the case, and also cause the prisoner to be taken as soon as possible before the mixed court of which that nearest Consular Officer is a judge.

20. It shall be the duty of the court to encourage the settlement of controversies of a civil character by mutual agreement, or to submit the same to the decision of referees agreed upon by the parties. And in criminal cases, which are not of a heinous character, it shall be lawful for the parties aggrieved or concerned therein, with the assent of the court, to adjust the same among themselves upon pecuniary or other considerations.

21. Her Majesty's Government will render all assistance in its power to United States citizens and protegés toward collecting their legal claims against Her Majesty's subjects; and United States Consular Officers will likewise render every assistance in collecting legal claims against United States citizens and protegés.

22. Whenever it is known, or there is reason to believe, that transgressors against the laws, fugitives from justice, are on the premises of United States citizens or protegés, such premises may be entered by the Malagasy police with the consent of the occupants, or against their consent in company with a United States Consular Officer, or with his written order. In case of absence of such United States officers, or in places where no such officers reside, the police may make such entry by the order of the local authority, to look for the offender or stolen property; and the offender, if found, may be arrested, and all stolen property seized. 23, Murder and insurrection or rebellion against the Government of Madagascar with intent to subvert the same, shall be capital offense, and not bailable; and when a United States citizen shall be convicted by this court of either of those crimes he shall be banished the country and sent to the United States of America for a review of his trial and approval of his sentence and punishment. If a Malagasy subject be convicted by the court of the murder of a United States citizen or protegé he shall suffer such punishment as the Malagasy law awards for such crime when Her Majesty, the Queen of Madagascar, shall have approved the judgment of the court.

24. When a United States citizen shall have been convicted of several minor offenses, showing him to be a turbulent and intractable person, he shall, upon the request of the Government of Her Majesty the Queen, be banished the country.

913. ARTICLE VII.

1. No United States vessel shall have communication with the shore before receiving pratique from the local authorities of Madagascar and producing a "bill of health" from the port sailed from, signed by the Malagasy Consul if there be one at that port; if none, then by the person duly authorized to give such bills of health.

2. Malagasy subjects shall not be permitted to embark on United States vessels without a passport from Her Majesty's Government.

3. In cases of mutiny on United States merchant vessels, or in cases of desertion from United States national or private vessels, the local authorities shall, on application, render all necessary assistance as far as is possible to the United States Consular Officer to bring back the deserter or to restore discipline on board merchant vessels.

4. When a United States Consular Officer shall ask the local authorities to arrest a deserter from a vessel, the police shall be directed to do their utmost to arrest promptly such deserter in the district. And if the Consular Officer suggest other places where the deserter may have secreted himself, the authorities shall give a written notice to the governor of such district pointed out, who shall in his turn do his utmost to find and arrest the deserter. And the result of such efforts, whether successful or otherwise, shall be promptly reported to the governor, who shall report to the Consular Officer,

5. For the services required by this article for arresting deserters, if such deserters be arrested, a fee of three dollars ($3) may be exacted for each deserter arrested, and five cents per English mile for the distance actually traveled by the police, and also such necessary expenses as may be incurred for food, ferrying, and imprisonment of the deserter.

6. And if discovered that such police did not do their utmost they shall be punished by the governor; and if such police have done their utmost but without success, they will be none the less entitled to the expenses above stated, but not to the fee of three dollars ($3).

914. ARTICLE VIII.

1. In case of a shipwreck of a United States vessel on the coast of Madagascar, or if any such vessel should be attacked or plundered in the waters of Madagascar, adjacent to any military station, the governor will do his utmost to urge the people to save life and to secure property and to restore it to the owners or to the United States Consul, and if there be no Consul nor owner in such district, an inventory of the goods rescued shall be made and the goods shall be delivered to the nearest United States Consular Officer, who shall give the governor a receipt for the same. 2. The governor of the district shall take the names of the people engaged in saving such vessel, and designate those who rescue lives and those who save goods.

3. And if such vessel be an abandoned one, then one fourth of vessel and goods may be claimed for salvage.

4. And if a vessel be in distress, and the captain or crew demand help, such help shall be rewarded at the rate of twenty-five cents a day for

soldiers and laborers, and one dollar a day for officers who superintend such help.

5. And if any vessel be wrecked or in distress, and the captain or crew do not demand assistance, being in a situation to do so, and consequently the Malagasy do not save anything, the governor and people will not be responsible.

6. However, in case the captain or crew demand assistance, or are in a situation where making such a demand is impossible, and it is known that the governor did not do his utmost to move the people to save such vessel and cargo, he shall be punished according to the laws of Madagascar.

7. The same protection shall be granted to Malagasy vessels attacked or plundered in the waters of the United States of America.

915. ARTICLE IX.

1. American goods may be landed in bond to be reshipped to other ports without payment of duties, under the following rules:

2. When it may be desired to so land goods to be reshipped to other ports, the owner of the goods, or the consignee, or master of the vessel, as the case may be, shall present to the local governor, or to the collector of customs, as the governor may direct, a correct invoice or manifest of the goods so landed, showing values by detail when there are goods of different kinds, or of different values, and quantities of each and the total value.

3. The Malagasy customs officers shall verify by inspection the goods when landed with the invoice or manifest; then the owner, consignee, or master of the vessel, as the case may be, shall execute a bond payable to the governor or collector of customs, as may be directed by the local authority, conditioned to pay the established duties on such goods, or on such part of them as shall not have been reshipped within the period agreed upon, which period shall be mentioned in the bond as the date of its maturity. Then such goods may be stored on the premises of their owner or consignee, or in magazines rented by him for that purpose.

4. When he reships the goods, he will notify the party to whom this bond has been given to be present and again verify the goods with the invoice or manifest, when, if none are lacking, he will be entitled to the return of his bond, or if the goods or any part of them are lacking, he must pay the duty as established by Article IV on such as are not found and reshipped, which will equally entitle him to receive back his bond.

916. ARTICLE X.

Her Majesty's Government desires the development of the dormant resources of the Kingdom, and the advancement of all the useful mechanical and agricultural industries therein, and thereby to promote the best interests of commerce and Christian civilization by adoption and application of such modern improvements and appliances as shall be suitable for such purposes and best adapted to the condition of Madagascar, and

for the best interests of Her Majesty's people; and toward the accomplishment of these objects, should any United States citizens or protegés of good character, and possessing the requisite qualifications for the special business proposed, desire to engage in such industries in Madagascar by investment of capital or labor, or in teaching the people how to apply the modern improvements in the prosecution of the industries, their applications to the Government will be favorably received, and their propositions liberally entertained; and if they and the Government can agree upon terms, they will be permitted to engage in such avocations by contracts, grants, commissions, or salaries.

917. ARTICLE XI.

1. It is agreed between the high contracting parties that the levy of taxes on United States citizens, as hereinbefore provided for conditionally in Article III, section 13, shall never be at a higher rate than shall be levied upon Her Majesty's subjects for the same purposes and upon like values, except the special land tax hereinbefore provided for in Article III, section 12.

2. United States citizens and protegés shall not be deprived of any privileges relinquished by this treaty unless the same restrictions be placed upon the citizens and subjects of all other foreign nations residing in Madagascar, but shall enjoy all the privileges that may be granted to the most favored nations.

3. And Her Majesty's subjects while sojourning in the United States of America shall enjoy all the privileges conceded by the United States Government to the citizens or subjects of the most favored nation.

MEXICO.

Treaty concluded April 5, 1831 (Amity, Commerce, and Navigation).

(This treaty was terminated November 30, 1881, by notice given by Mexico, November 30, 1880.]

918. ARTICLE XXVIII.

In order that the Consuls and Vice-Consuls of the two contracting parties may enjoy the rights, prerogatives, and immunities which belong to them by their character, they shall, before entering upon the exercise of their functions, exhibit their commission or patent in due form to the Government to which they are accredited; and having obtained their exequatur, they shall be held and considered as such by all the authorities, magistrates, and inhabitants of the Consular District in which they reside. It is agreed likewise to receive and admit Çonsuls and Vice-Consuls

in all the ports and places open to foreign commerce, who shall enjoy therein all the rights, prerogatives, and immunities of the Consuls and Vice-Consuls of the most favored nation, each of the contracting parties remaining at liberty to except those ports and places in which the admission and residence of such Consuls and Vice-Consuls may not seem expedient.

919. ARTICLE XXIX.

It is likewise agreed that the Consuls, Vice-Consuls, their Secretaries, Officers, and persons attached to the service of Consuls, they not being citizens of the country in which the Consul resides, shall be exempt from all compulsory public service, and also from all kind of taxes, imposts, and contributions levied specially on them, except those which they shall be obliged to pay on account of commerce or their property, to which the citizens and inhabitants, native and foreign, of the country in which they reside are subject; being in everything besides subject to the laws of their respective States. The archives and papers of the Consulates shall be respected inviolably, and under no pretext whatever shall any magistrate seize, or in any way interfere with them.

920. ARTICLE XXX.

The said Consuls shall have power to require the assistance of the authorities of the country for the arrest, detention, and custody of deserters from the public and private vessels of their country; and for that purpose they shall address themselves to the courts, judges, and officers competent, and shall demand the said deserters in writing, proving, by an exhibition of the register of the vessel, or ship's roll, or other public documents, that the man or men demanded were part of said crews; and on this demand so proved (saving always where the contrary is proved), the delivery shall not be refused. Such deserters, when arrested, shall be placed at the disposal of the said Consuls, and may be put in the public prisons at the request and expense of those who reclaim them, to be sent to the vessels to which they belonged, or to others of the same nation. But if they be not sent back within two months, to be counted from the day of their arrest, they shall be set at liberty, and shall not be again arrested for the same cause.

921. ARTICLE XXXI.

For the purpose of more effectually protecting their commerce and navigation, the two contracting parties do hereby agree, as soon hereafter as circumstances will permit, to form a Consular Convention, which shall declare specially the powers and immunities of the Consuls and Vice-Consuls of the respective parties.

« SebelumnyaLanjutkan »