New Granada. 664..ARTICLE III. The Consuls admitted in either republic may exercise in their respective districts the following functions: 1. They may apply directly to the authorities of the district in which they reside, and they may, in case of necessity, have recourse to the national government through the Diplomatic Agent of their nation, if there be any, or directly, if there be no such Agent, in complaint against any infraction of the treaties of commerce committed by the authorities or persons employed by them in the country, to the injury of the commerce of the nation in whose service the Consul is engaged. 2. They may apply to the authorities of the consular district, and in case of necessity, they may have recourse to the national government through the Diplomatic Agent of their nation, if there be any, or directly, if there be no such Agent, against any abuse on the part of the authorities of the country, or the persons employed by them, against individuals of their nation in whose service the Consul is engaged; and they may, when necessary, take such measures as may be proper to prevent justice from being denied to them or delay, and to prevent them from being judged or punished by any other than competent judges, and agreeably to the laws in force. 3. They may, as the natural defenders of their fellow-countrymen, appear in their name and behalf, whenever so requested by them, before the respective authorities of the place, in all cases in which their support may be necessary. 4. They may accompany the captains, mates, or masters of vessels of their nation in all that they may have to do with regard to the manifests of their merchandise and other documents, and be present in all cases in which the authorities, courts, or judges of the country may have to take any declarations from the persons above mentioned, or any other belonging to their respective crews. 5. They may receive depositions, protests, and statements from captains, mates, and masters of vessels of their nation respecting losses and injuries sustained at sea, and protests of any individuals of their nation respecting mercantile affairs. These documents, drawn up in authentic copies, certified by the Consul, shall be admitted in the courts and offices of justice, and shall have the same validity as if they had been authenticated before the same judges or courts. 6. They may determine on all matters relating to injuries sustained at sea by effects and merchandise shipped in vessels of the nation in whose service the Consul is employed arriving at the place of his residence, provided that there be no stipulations to the contrary between the shippers, owners, and insurers. But if, among the persons interested in such losses and injuries, there should be inhabitants of the country where the Consul resides, and not be New Granada. longing to the nation in whose service he is, the cognizance of such losses and injuries appertains to the local authorities. 7. They may compromise amicably, and out of court, the differences arising between their fellow-countrymen, providing that those persons agree voluntarily to submit to such arbitration; in which case, the document containing the decision of the Consul, authenticated by himself and by his Chancellor or Secretary, shall have all the force of a notarial copy authenticated, so as to render it obligatory on the interested parties. 8. They may cause proper order to be maintained on board of vessels of their nation, and may decide on the disputes arising between the captains, the officers, and the members of the crew, unless the disorders taking place on board should disturb the public tranquillity, or persons not belonging to the crew or to the nation in whose service the Consul is employed; in which case the local authorities may interfere. 9. They may direct all the operations for saving vessels of their nation which may be wrecked on the coasts of the district where the Consul resides. In such cases, the local authorities shall interfere only in order to maintain tranquillity, to give security to the interests of the parties concerned, and to cause the dispositions which should be observed for the entry and export of the property to be fulfilled. In the absence of the Consul, and until his arrival, the said authorities shall take all the measures necessary for the preservation of the effects of the wrecked vessel. 10. They may take possession, make inventories, appoint appraisers to estimate the value of articles, and proceed to the sales of the moveable property of individuals of their nation who may die in the country where the Consul resides without leaving executors appointed by their will or heirs at law. In all such proceeding, the Consul shall act in conjunction with two merchants, chosen by himself, for drawing up the said papers for delivering the property or the produce of its sale, observing the laws of his country and the orders which he may receive from his own government; but Consuls shall not discharge these functions in those states whose peculiar legislation may not allow it. Whensoever there is no Consul in the place where the death occurs, the local authorities shall take all the precautions in their power to secure the property of the deceased. 11. They may demand from the local authorities the arrest of seamen deserting from the vessel of the nation in whose service the Consul is employed, exhibiting, if necessary, the register of the vessel, her muster-roll, and any other official document, in support of this demand. The said authorities shall take such measures as may be in their power for the discovery and arrest of such deserters, and shall place them at the disposition of the Consul; but if the vessel to which they belong shall have sailed, and no opportunity for sending them away should occur, they shall be kept in arrest at the expense of the Consul, for two months; and if, at the expi New Granada. ration of that time, they should not have been sent away, they shall be set at liberty by the respective authorities, and cannot again be arrested for the same cause. 12. They may give such documents as may be necessary for the intercourse between the two countries, and countersign those which may have been given by the authorities. They may also give bills of health, if necessary, to vessels sailing from the port where the Consul resides to the port of the nation to which he belongs; they may also certify invoices, muster-rolls, and other papers necessary for the commerce and navigation of vessels. 13. They may appoint a Chancellor or Secretary whensoever the Consulate has none, and one is required for authenticating documents. 14. They may appoint Commercial Agents to employ all the means in their power, in behalf of individuals of the nation in whose service the Consul is, and for executing the commissions which the Consul may think proper to intrust to them, out of the place of his residence; provided, however, that such agents are not to enjoy the prerogatives conceded to Consuls, but only those which are peculiar to Commercial Agents. 665..ARTICLE IV. The Consuls of one of the contracting republics residing in another country may employ their good offices in favor of individuals of the other republic which has no Consul in that country. 666.. ARTICLE V. The contracting republics recognize no diplomatic character in Consuls, for which reason they will not enjoy in either country the immunities granted to public agents accredited in that character; but, in order that the said Consuls may exercise their proper functions without difficulty or delay, they shall enjoy the following prerogatives: 1. The archives and papers of the Consulate shall be inviolable, and cannot be seized by any functionary of the country in which they may be. 2. Consuls, in all that exclusively concerns the exercise of their functions, shall be independent of the state in whose territory they reside. 3. The Consuls and their Chancellors or Secretaries shall be exempt from all public service and from contributions, personal and extraordinary, imposed in the country where they reside. This exemption does not comprehend the Consuls or their Chancellors or Secretaries who may be natives of the country in which they reside. 4. Whenever the presence of Consuls may be required in courts or offices of justice, they shall be summoned in writing. 5. In order that the dwellings of Consuls may be easily and gen New Granada. erally known, for the convenience of those who may have to resort to them, they shall be allowed to hoist on them the flag, and to place over their doors the coat of arms, of the nation in whose service the Consul may be, with an inscription expressing the functions discharged by him; but those insignia shall not be considered as importing a right of asylum, nor as placing the house or its inhabitants beyond the authority of magistrates who may think proper to search them, and who shall have that right in regard to them in the same manner as with regard to the houses of the other inhabitants, in the cases prescribed by the laws. 667.. ARTICLE VI. The persons and dwellings of Consuls shall be subject to the laws and authorities of the country in all cases in which they have not received a special exemption by this Convention, and in the same manner as the other inhabitants. 668.. ARTICLE VII. Consuls shall not give passports to any individual of their nation, or going to their nation, who may be held to answer before any authority, court, or judge of the country for delinquencies committed by them, or for a demand which may have been legally acknowledged; provided that in each case proper notice thereof shall have been given to the Consul; and they shall see that the vessels of their nation do not infringe the rules of neutrality when the nation in which the Consul resides is at war with another nation. PARAGUAY. Treaty concluded February 4, 1859, (Friendship, Commerce, and Navigation. In the event of any citizen of either of the two contracting parties dying without will or testament in the territory of the other contracting party, the Consul General, Consul, or Vice-Consul of the nation to which the deceased may belong, or, in his absence, the representative of such Consul General, Consul, or Vice-Consul shall, so far as the laws of each country will permit, take charge of the property which the deceased may have left, for the benefit of his lawful heirs and creditors, until an executor or administrator be named by the said Consul General, Consul, or Vice-Consul, or his representative. Paraguay. 670..ARTICLE XII. It shall be free for each of the two contracting parties to appoint Consuls for the protection of trade, to reside in the territories of the other party; but before any Consul shall act as such, he shall, in the usual form, be approved and admitted by the government to which he is sent; and either of the two contracting parties may except from the residence of Consuls such particular places as either of them may judge fit to be excepted. The Diplomatic Agents and Consuls of the United States of America in the territories of the republic of Paraguay shall enjoy whatever privileges, exemptions, and immunities are or may be there granted to the Diplomatic Agents and Consuls of any other nation whatever; and, in like manner, the Diplomatic Agents and Consuls of the republic of Paraguay in the United States of America shall enjoy whatever privileges, exemptions, and immunities are or may be there granted to agents of any other nation whatever. 671..ARTICLE XIV. The citizens of either of the two contracting parties residing in the territories of the other shall enjoy, in regard to their houses, persons, and properties, the protection of the government in as full and ample a manner as native citizens. In like manner the citizens of each contracting party shall enjoy, in the territories of the other, full liberty of conscience, and shall not be molested on account of their religious belief; and such of those citizens as may die in the territories of the other party shall be buried in the public cemeteries, or in places appointed for the purpose, with suitable decorum and respect. The citizens of the United States of America residing within the territories of the republic of Paraguay shall be at liberty to exercise, in private and in their own dwellings, or within the dwellings or offices of the Consuls or Vice-Consuls of the United States of America, their religious rites, services, and worship, and to assemble therein for that purpose without hinderance or molestation. PERSIA. Treaty concluded December 13, 1856, (Peace and Friendship.) 672.. ARTICLE V. All suits and disputes arising in Persia between Persian subjects and citizens of the United States shall be carried before the Persian tribunal to which such matters are usually referred at the place where a Consul or Agent of the United States may reside, and shall |