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1330. ARTICLE XI.
Consuls, Vice-Consuls, or Consular Agents shall have exclusive charg of the internal order of the merchant-vessels of their nation. The shall have, therefore, the exclusive power to take cognizance of and t settle all differences which may arise at sea or in port between captain officers, and crews in reference to wages and the execution of mutua contracts, subject in each case to the laws of their own nation. Th local authorities shall in no way interfere, except in cases where th differences on board ship are of a nature to disturb the peace and publi order in port or on shore, or when persons other than the officers an crew of the vessel are parties to the disturbance, except as aforesaid, th local authorities shail confine themselves to the rendering of forcibị assistance, if required, by the Consuls, Vice-Consuls, or Consular Agents and shall cause the arrest, temporary imprisonment, and removal o board his own vessel of every person whose name is found on the master rolls or register of the ship or list of the crew.
1331. ARTICLE XII. Consuls-General. Consuls, Vice-Consuls, or Consular Agents shall hav the power to cause the arrest of all sailors or all other persoos belong ing to the crews of vessels of their nation who may be guilty of havin deserted on the respective territories of the high contracting powert and to have them sent on board or back to their native country. I that end they shall make a written application to the competent loca authority, supporting it by the exhibition of the ship's register and lis of the crew, or else, should the vessel have sailed previously, by pro ducing an authenticated copy of these documents, showing that th persons claimed really do belong to the ship's crew. Upon such reques the surrender of the deserter shall not be refused. Every aid and assist ance shall, moreover, be granted to the said Consular authorities fo the detection and arrest of deserters, and the latter shall be taken to th prisons of the country and there detained at the request and expense a the Consular authority until there may be an opportunity for sendin them away. The duration of this imprisonment shall not exceed th term of three months, at the expiration of which time, and upon thre days' notice to the Consul, the prisoner shall be set free, and he shal not be liable to rearrest for the same cause. Should, however, th deserter have committed on shore an indictable offense, the local authori ties shall be free to postpone his extradition until due sentence shal jave been passed and executed. The high contracting parties agree hat seamen, or other individuals forming part of the ship's crew, who re citizens of the country in which the desertion took place, shall not be affected by the provisions of this article.
1332. ARTICLE XIII.
In all cases where no other agreement to the contrary exists between wners, freighters, and insurers, all damages suffered at sea by the vesels of the two countries, whether they enter the respective ports volunarily or by stress of weather, shall be settled by the Consuls-General, Consuls, Vice-Consuls, or Consular Agents of their respective nations, provided no interests of citizens of the country where the said functiontries reside, nor of citizens of a third power, are concerned. In that base, and in the absence of a friendly compromise between all parties interested, the adjudication shall take place under supervision of the local authorities.
1333. ARTICLE XIV. In the even of a vessel belonging to the Government, or owned by a citizen of one of the two contracting States, being wrecked or cast on shore upon the coast of the other, the local authorities shall inform the Consuls-General, Consuls, Vice-Consuls, or Consular Agents of the district of the cccurrence, or if such Consular Agency does not exist, they shall communicate with 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 Austro-Hungarian waters shall be directed by the United States Consuls-General, Consuls, Vice-Consuls, or Consular Agents; also all proceedings relative to the salvage of Austro-Hungarian vessels wrecked or cast on shore in American waters shall be directed by AustroHungarian Consuls-General, Consuls, Vice-Consuls, or Consular Agents.
An interference of the local authorities in the two countries shall take place for the purpose only of assisting the Consular authorities in maintaining order and protecting the rights of salvors not belonging to the crew; also for enforcing the regulations relative to the import or export of the merchandise saved. In the absence and until the arrival of the Consuls-General, Consuls, Vice-Consuls, or Consular Agents, or their duly appointed delegates, the local authorities shall take all the necessary measures for the protection of persons and preservation of the property saved from the wreck.
No charges shall be made for the interference of the local authorities in such cases, except for expenses incurred through salvage and the preservation of property saved, also for those expenses which, unde similar circumstances, vessels belonging to the country where the wreck happens would have to incur.
In case of a doubt concerning the nationality of the wrecks, the loca authorities shall have exclusively the management and execution of th provisions laid down in the present article.
The high contracting parties also agree that all merchandise and good not destined for consumption in the country in which the wreck take place shall be free of all duties.
1334. ARTICLE XV. Consuls-General, Consuls, Vice-Consuls, and Consular Agents, also Con sular Pupils, Chancellors, and Consular Officers, shall enjoy in the twi countries all the liberties, prerogatives, immunities, and privilege granted to functionaries of the same class of the most favored nation.
1335. ARTICLE XVI. In the case of the death of a citizen of the United States in the Aus trian-Hungarian Monarchy, or of a citizen of the Austrian-Hungarian Monarchy in the United States, without having any known heirs of testamentary executors by him appointed, the competent local authori ties shall inform the Consuls or Consular Agents of the State to which the deceased belonged of the circumstance, in order that the necessary information may be immediately forwarded to the parties interested.
Treaty concluded March 9, 1880 (Rights, Privileges, and Immunities
1336 ARTICLE I.
Each of the high contracting parties agrees to receive from the other Consuls-General, Consuls, Vice-Consuls, and Consular Agents, in all it ports, cities, and places, except those where it may not be convenient ti recognize such officers. This reservation, however, shall not apply to one of the high contracting parties without also applying to every other Power.
1337. ARTICLE II.
The Consuls-General, Consuls, Vice-Consuls, and Consular Agents of ach of the two high contracting parties shall enjoy reciprocally, in the tates of the other, all the privileges, exemptions, and immunities that re enjoyed by officers of the same rank and quality of the most favored lation. The said officers, before being admitted to the exercise of their functions and the enjoyment of the immunities thereto pertaining, shall Tesent their commissions in the forms established in their respective countries. The Government of each of the two high contracting Powers thall furnish them the necessary exequatur free of charge, and, on the xhibition of this instrument, they shall be permitted to enjoy the rights, privileges, and immunities granted by this convention.
1338. ARTICLE III.
Consuls-General, Consuls Vice-Consuls, and Consular Agents, citizens of the State by which they are appointed, shall be exempt from preliminary arrest except in the case of offenses which the local legislation qualifies as crimes and punishes as such; they shall be exempt from military billetings, from service in the regular army or navy, in the militia, or in the national guard; they shall likewise be exempt from all direct taxes, national, state, or municipal, imposed npon persons, either in the nature of capitation tax or in respect to their property, unless such taxes become due on account of the possession of real estate, or for interest on capital invested in the country where the said officers exercise their functions. This exemption shall not, however, apply to Consuls-General, Consuls, Vice-Consuls, or Consular Agents engaged in any profession, business, or trade, but the said officers shall in such case be subject to the payment of the same taxes that would be paid by any other foreigner under the like circumstances.
1339 ARTICLE IV.
When a court of one of the two countries shall desire to receive the judicial declaration or deposition of a Consul-General, Consul, ViceConsnl, or Consular Agent who is a citizen of the State which appointed him, and who is engaged in no commercial business, it shall request him, in writing, to appear before it, and in case of his inability to do so, it shall request him to give his testimony in writing, or shall visit his residence or office to obtain it orally.
It shall be the duty of such officer to comply with this request with a little delay as possible.
In all criminal cases, contemplated by the sixth article of the amend: ments to the Constitution of the United States, whereby the right is secured to persons charged with crimes to obtain witnesses in their favor, the appearance in court of said Consular Officer shall be demanded, with all possible regard to the Consular dignity and to the duties of his office A similar treatment shall also be extended to the Consuls of the United States in Belgium, in the like cases.
1340. ARTICLE V.
Consuls-General, Consuls, Vice-Consuls, and Consular Agents may place over the outer door of their offices the arms of their nation, with this inscription: Consulate-General, or Consulate, or Vice-Consulate, or Consular Agency of the United States or of Belgium.
They may also raise the flag of their country on their offices, except in the capital of the country when there is a legation there. They may in like manner raise the flag of their country over the boat employed by them in the port for the exercise of their functions.
1341. ARTICLE VI.
The Consular offices shall at all times be inviolable. The local authorities shall not, under any pretext, invade them. In no case shall they examine or seize the papers there deposited. In no case shall those offices be used as places of asylum. When a Consular Officer is engaged in other business, the papers relating to the Consulate shall be kept separate.
1342. ARTICLE VII. In the event of the death, incapacity, or absence of Consuls-General Consuls, Vice-Consuls, and Consular Agents, their Chancellors or Secre taries, whose official character may have previously been made known to the Department of State at Washington, or to the Ministry for For eign Affairs in Belgium, may temporarily exercise their functions, and while thus acting they shall enjoy all the rights, prerogatives, and immunities granted to the incumbents.
1343. ARTICLE VIII. Consuls-General and Consuls may, so far as the laws of their country allow, with the approbation of their respective Governments, appoint Vice-Consuls and Consular Agents in the cities, ports, and places within their consular jurisdiction. These agents may be selected from among