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EXTRACTS FROM TREATIES AND CONVENTIONS
REFERRED TO IN THE TEXT.
reaty concluded July 27, 1853 (Friendship, Commerce, and Navigation).
If any citizen of either the two contracting parties shall die without ill or testament, in any of the territories of the other, the Consul-Genal or Consul of the nation to which the deceased belonged, or the repsentative of such Consul-General or Consul, in his absence, shall have he right to intervene in the possession, administration, and judicial quidation of the estate of the deceased, conformably with the laws of he country, for the benefit of the creditors and legal heirs.
1319. ARTICLE XI.
It shall be free for each of the two contracting parties to appoint Conals for the protection of trade, to reside in any of the territories of the ther party; but, before any Consul shall act as such, he shall, in the sual form, be approved and admitted by the government to which he is ent; and either of the contracting parties may except from the resilence of Consuls such particular places as they judge fit to be excepted. The archives and papers of the Consulates of the respective governbents shall be respected inviolably, and under no pretext whatever shall ny magistrate, or any of the local authorities, seize or in any way interere with them. The Diplomatic Agents and Consuls of the Argentine Confederation ball enjoy, in the territories of the United States, whatever privileges, xemptions, and immunities are, or shall be, granted to Agents of the ame rank, belonging to the most favored nation and, in like manner,
the Diplomatic Agents and Consuls of the United States, in the territo ries of the Argentine Confederation, shall enjoy, according to the strict est reciprocity, whatever privileges, exemptions, and immunities are. may be, granted in the Argentine Confederation to the Diplomati Agents and Consuls of the most favored nation.
Consular Convention concluded July 11, 1870 (Rights, privileges, am
immunities of Consuls).
1320. ARTICLE I. Each of the high contracting parties shall be at liberty to establis Consuls-General, Consuls, Vice-Consuls, or Consular Agents at the port and places of trade of the other party, except those where it may not b convenient to recognize such officers; but this exception shall not appl to one of the high contracting parties without also applying to ever other Power. Consuls-General, Consuls, and other Consular Officer appointed and taking office according to the provisions of this article, ir one or the other of the two countries, shall be free to exercise the righ accorded them by the present convention throughout the whole of th district for which they may be respectively appointed. The said func tionaries shall be admitted and recognized respectively upon presentin their credentials in accordance with the rules and formalities establishe in their respective countries. The exequatur required for the free exer cise of their official duties shall be delivered to them free of charge: an upon exhibiting such exequatur they shall be admitted at once and with out interference by the authorities, Federal or State, judicial or execu tive, of the ports, cities, and places of their residence and district, to th enjoyment of the prerogatives reciprocally granted.
1321. ARTICLE II. The Consuls-General, Consuls, Vice-Consuls, and Consular Agents their Chancellors, and other Consular Officers, if they are citizens of th State which appoints them, shall be exempt from military billetings, fron service in the military or the national guard, and other duties of the sam nature, and from all direct and personal taxation, whether Federal, State or municipal, provided they be not owners of real estate, and neither carry on trade nor any industrial business.
If, however, they are not citizens of the State which appoints them, or they are citizens of the State in which they reside, or if they own roperty, or engage in any business there that is taxed under any laws I the country, then they shall be subject to the same taxes, charges, and ssessments as other private individuals. They shall, moreover, enjoy ersonal immunities, except for acts regarded as crimes by the laws of he country in which they reside. If they are engaged in commerce, tersonal detention can be resorted to in their case only for commercial iabilities, and then in accordance only with general laws, applicable to Il persons alike.
1322. ARTICLE III. Consuls-General, Consuls, and their Chancellors, Vice-Consuls, and Consular Officers, if citizens of the country which appoints them, shall lot be summoned to appear as witnesses before a court of justice, Icept when, pursuant to law, the testimony of a Consul may be necesary for the defense of a person charged with crime. In other cases the local court, when it deems the testimony of a Consul necessary, shall ither go to his dwelling to have the testimony taken orally, or shall send there a competent officer to reduce it to writing, or shall ask of him a written declaration.
1323. ARTICLE IV. Consuls-General, Consuls, Vice-Consuls, and Consular Agents shall be at liberty to place over the chief entrance of sheir respective offices the arms of their nation, with the inscription, “Consulate General,” "Consulate," “ Vice-Consulate,” or “Consular Agency,” as may be. They shall also be at liberty to hoist the flag of their country on the Cmsular edifice, except when they reside in a city where the legation of their Government may be established. They shall also be at liberty to hoist their flag on board the vessel employed by them in port for the discharge of their duty.
1324. ARTICLE V. The Consular archives shall be at all times inviolable, and under no pretense whatever shall the local authorities be allowed to examine or seize the papers forming part of them.
In the event of incapacity, absence, or death of Consuls-General, Consuls, Vice-Consuls, their Consular Pupils, Chancellors, or Secretaries,
whose official character may have been previously made known to the respective authorities in the United States, or in the Austro-Hunga rian Empire, shall be admitted at once to the temporary exercise of the Consular functions, and they shall, for the duration of it, enjoy all the immunities, rights, and privileges conferred upon them by the convention.
1326. ARTICLE VII. Consuls General and Consuls shall have the power to appoint Vice Consuls and Consular Agents in the cities, ports, and towns within their Consular Districts, subject, however, to the approbation of the Government of the country where they reside. These Vice-Consuls and Consular Agents may be selected indiscriminately from among citi zens of the two countries or from foreigners, and they shall be fur nished with a commission issued by the appointing Consul, under whose orders they are to be placed. They shall enjoy the privileges and liberties stipulated in this convention. To Vice-Consuls and to Consular Agents who are not citizens of the State which appoints them, the privileges and immunities specified in Article II shall not extend.
1327. ARTICLE VIII. Consuls-General, Consuls, Vice-Consuls, or Consular Agents of the two countries may, in the exercise of their duties, apply to the authorities within their district, whether federal or local, judicial or executive, in the event of any infraction of the treaties and conventions between the two countries; also for the purpose of protecting the rights of their countrymen. Should the said authorities fail to take due notice of their application, they shall be at liberty, in the absence of any Diplomatic Representative of their country, to apply to the Government of the country where they reside.
1328. ARTICLE IX. Consuls-General, Consuls, Vice-Consuls, or Consular Agents of the two countries, also their Chancellors, shall have the right to take at their office, at the residence of the parties, or on board ship, the depositions of the captains and crews of vessels of their own nation, of passengers or board of them, of merchants or any other citizens of their own country. They shall have the power also to receive and verify, conformably to the laws and regulations of their country: 1st. Wills and bequests of their countrymen, and all such acts and contracts between their countrymen are intended to be drawn up in an authentic form and verified. 20. ny and all acts of agreement entered upon between citizens of their in country and inhabitants of the country where they reside. All such ts of agreement, and other instruments, and also copies thereof, when ily authenticated by such Consul-General, Consul, Vice-Consul, or onsular Agent under his official seals, shall be received in courts of istice as legal documents, or as authenticated copies, as the case may h, and shall have the same force and effect as if drawn up by compent public officers of one or the other of the two countries. Consulseneral, Consuls, Vice-Consuls, or Consular Agents of the respective juntries shall have the power to translate and legalize all documents sued by the authorities or functionaries of their own country, and reh papers shall have the same force and effect in the country where he aforesaid officers reside as if drawn up by sworn interpreters.
1329. ARTICLE X.
Consuls-General, Consuls, Vice-Consuls, or Consular Agents shall be t liberty to go on board the vessels of their nation admitted to entry, ither in person or by proxy, and to examine the captain and crew, to pok into the register of the ship, to receive declarations with reference o their voyage, their destination, and the incidents of the voyage; also, b draw up manifests, lists of freight, to assist in dispatching their vesels, and finally to accompany the said captains or crews before the ourts and before the administrative authorities, in order to act as their nterpreters or agents in their business transactions or applications of iny kind. The judicial authorities and custoin-house officials shall in no case proceed to the examination or search of merchant-vessels withpat previous notice to the Consular authority of the nation to which the said vessels belong, in order to enable them to be present.
They shall also give due notice to Consuls, Vice-Consuls, or Consular Agents, 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 captains or persons composing 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, and upon the non-appearance of the said officers or their representatives the case shall be proceeded with in their absence.