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Treaty concluded November 3, 1864 (Amity, Commerce, Navigation, and
1469. ARTICLE XXXIII. To protect more effectually the commerce and navigation of their respective citizens, the United States of America and the Republic of Layti agree to admit and receive, mutually, Consuls and Vice-Consuls in all their ports open to foreign commerce, who shall enjoy, within their respective Consular Districts, all the rights, prerogatives, and immunities of the Consuls and Vice-Consuls of the most favored nation.
1470. ARTICLE XXXIV. 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 public character, they shall, before exercising their official functions, exhibit, to the Government to which they are accredited, their commissions or patents in due form; and, having obtained their exequatur, they shall be acknowledged, in their official character, by the authorities, magistrates, and inhabitants in the Consular District in which they reside.
1471. ARTICLE XXXV. It is also agreed that the 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 kinds of imposts, taxes, and contributions, except those which they shall be obliged to pay on account of their commerce or property, to which the citizens or inhabitants, native or foreign, of the country in which they reside are subject; being, in everything besides, subject to the laws of the respective States. The archives and papers of the Consulates shall be respected inviolably, and under no pretext whatever shall any person, magistrate, or other public authority, seize or in any way interfere with them.
1472. ARTICLE XXXVI. The said Consuls and Vice-Consuls shall have power to require the assistance of the authorities of the country for the arrest. detention, and custody of deserters from the ships of war and merchant vessels of their country. For this purpose they shall apply to the competent tribunals. judges, and officers, and shall, in writing, demand such deserters, proting, by the exhibition of the registers of the vessels, the muster-rolls of the crews, or by any other official documents, that such individuais formed a part of the crews; and, on this claim being substantiated, the surrender shall not be refused. Such deserters, when arrested, shall be placed at the disposal of the Consuls and Vice-Consuls, and may be cofined in the public prisons at the request and cost of those who shall claim them, in order to be sent to the vessels to which they belong, or to others of the same country. But if not sent back within three months, to be counted from the day of their arrest, they shall be set at liberty, and shall not again be arrested for the same cause.
1473. ARTICLE XXXVII. For the purpose of more effectually protecting their commerce and navigation the two contracting parties do hereby agree, as soon here after 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.
Treaty concluded July 4, 1864 (Friendship, Commerce, and Navigation).
1474. ARTICLE VIII. In whatever relates to the police of the ports, the lading and unlading of ships, the safety of the merchandise, goods, and effects, the succession to personal estates by will or otherwise, and the disposal of personal property of every sort and denomination, by sale, donation, exchange, testament, or in any other manner whatsoever, as also the administration of justice, the citizens of the two high contracting parties shall reciprocally enjoy the same privileges, liberties, and rights as native citizens, and they shall not be charged in any of these respects with any higher imposts or duties than those which are paid or may be paid by native citizens; submitting, of course, to the local laws and regulations of each country respectively.
If any citizen of either of the two high contracting parties shall die without will or testament in any of the territories of the other, the Consul-General or Consul or the nation to which the deceased belonged, or the representative of such Consul-General or Consul in his absence, shall have the right to nominate curators to take charge of the property of the deceased, so far as the laws of the country will permit, for the benefit of the lawful heirs and creditors of the deceased, giving proper notice of such nomination to the authorities of the country.
1475. ARTICLE X. It shall be free for each of the two high contracting parties to appoint Consuls for the protection of trade, to reside in any of 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 high contracting parties may except from the residence of Consuls such particular places as they judge fit to be excepted. The Diplomatic Agents and Consuls of Honduras shall enjoy in the territories of the United States whatever privileges, exemptions, and immunities are or shall be granted to agents of the same rank belonging to the most favored nation; and in like manner the Diplomatic Agents and Consuls of the United States in the territories of Honduras shall enjoy, according to the strictest reciprocity, whatever privileges, exemptions, and immunities are or may be granted in the Republic of Honduras to the Diplomatic Agents and Consuls of the most favored nation.
Treaty concluded May 8, 1878 (Rights, Privileges, and Immunities of
1476. ARTICLE I. Each of the high contracting parties pledges itself to admit the Consuls-General, Consuls, Vice-Consuls, and Consular Agents of the other in all its ports, places, and cities, with the exception of those in which it may not be deemed proper to recognize such functionaries.
This reservation, however, shall not be applied to one of the high contracting parties without being applied in like manner to all the other Powers.
1477. ARTICLE II. Consular Officers shall receive, after presenting their commissions, and according to the formalities established in the respective countries. the exequatur required for the exercise of their functions, which shall be furnished to them free of cost; and on presentation of this document they shall be admitted by all the authorities of their place of residence to the enjoyment of the rights, prerogatives, and immunities, granted them by this convention.
1478. ARTICLE III. Consular Officers, citizens of the State by which they were appointed, shall be exempt from arrest or imprisonment in civil cases and from preliminary arrest in penal cases, except in the case of offenses which the local law qualifies as crimes and punishes as such, and they shall be exempt from military billetings, and from the performance of service in the army, in the militia, or national guard, and in the navy.
The aforesaid Consular Officers shall be exempt from all national, State, or municipal taxes imposed upon 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 State in which they reside. If they are engaged in trade, manufactures, or commerce, they shall not enjoy such exemption, but shall be obliged to pay the same taxes as are paid by other foreigners under similar circumstances.
1479. ARTICLE IV. Consular Officers, citizens of the State which appointed them, and who are not engaged in trade, professional business, or any kind of manufactures, shall not be obliged to appear as witnesses before the courts of the country in which they reside. If their testimony should be necessary, they shall be requested in writing to appear in court, and in case of impediment their written deposition shall be requested, or it shall be received viva voce at their residence or office.
It shall be the duty of the aforementioned Consular Officers to comply with such request without unnecessary delay.
In all the criminal cases contemplated by the VIth article of the amendments of the Constitution of the United States, by virtue of which the right is guaranteed to persons charged with crimes of obtaining
witnesses in their favor, Consular Officers shall be required to appear, all possible regard being paid to their dignity and to the duties of their office.
Consuls of the United States in Italy shall receive the same treatment in similar cases.
1480. ARTICLE V.
Consuls-General, Consuls, Vice-Consuls, and Consular Agents may place over the outer door of their office the arms of their nation with this inscription: Consulate or Vice-Consulate or Consular Agency of the l'nited States or of Italy.
They may also hoist the flag of their country over the house in which the Consular Office is, provided they do not reside in the capital in which the legation of their country is established.
1481. ARTICLE VI.
The Consular Offices shall be at all times inviolable. The local authorities shall not be allowed to enter them under any pretext, nor shall they in any case examine or sequestrate the papers therein deposited. These offices, however, shall never serve as places of asylum.
When the Consular Officer is engaged in trade, professional business, or manufacturers, the papers relating to the business of the Consulate must be kept separate.
1482. ARTICLE VII.
In case of death, incapacity, or absence of the Consuls-General, Consuls, Vice-Consuls, and Consular Agents, their Chancellors and Secretaries, whose official character shall have been previously announced to the Department of State at Washington, or to the Ministry of Foreign Affairs in Italy, shall be permitted to discharge their functions ad interim, and they shall enjoy, while thus acting, the same rights, prerogatives, and immunities as the officers whose places they fill, on the condition and with the reserves prescribed for those offices.
1483. ARTICLE VIII.
Vice-Consuls or Consular Agents may be appointed by the respective Governments or by the Consuls-General or Consuls, with the approval