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1456. ARTICLE XIV.
Consuls General, Consuls, Vice-Consuls, or Consular Agents may arrest
officers, sailors, and all other persons making part of the crews of ips of war or merchant-vessels of their nation who may be guilty or be cused of having deserted said ships and vessels, for the purpose of sendg them on board or back to their country. To that end, the Consuls of Germany in the United States shall apply either the Federal, State, or municipal courts or authorities; and the onsuls of the United States in Germany shall apply to any of the comtent authorities, and make a request in writing for the deserters, supyrting it by an official extract of the register of the vessel, and the list the crew, or by other official documents, to show that the men whom ley claim belong to said crew. Upon such request alone thus supported, id without the exaction of any oath from the Consuls, the deserters (not ing citizens of the country where the demand is made either at the me of their shipping or of their arrival in the port) shall be given up to le Consuls. All aid and protection shall be furnished them for the purait, seizare, and arrest of the deserters, who shall be taken to the prisons f the country and there detained at the request and at the expense of se Consuls, until the said Consuls may find an opportunity of sending hem away. If, however, such opportunity should not present itself within the pace of three months, counting from the day of the arrest, the deserters hall be set at liberty, and shall not again be arrested for the same cause.
1457. ARTICLE XV.
In the absence of an agreement to the contrary between the owners, reighters, and insurers, all damages suffered at sea by the vessels of the wo countries, whether they enter port voluntarily or are forced by tress of weather, shall be settled by the Consuls-General, Consuls, ViceConsuls, and Consular Agents of the respective countries. If, however, iny inhabitant of the country, or citizen or subject of a third power, shall be interested in the matter and the parties cannot agree, the competent local authorities shall decide.
1458. ARTICLE XVI.
In the event of a vessel belonging to the Government, or owned by a citizen of one of the two contracting parties, being wrecked or cast on shore on the coast of the other, the local authorities shall inform the Consul-General, Consul, Vice-Consul, or Consular Agent of the district of the occurrence, or if there be no such consular agency, they shal inform the Consul-General, Consul, Vice-Consul, or Consular Agent the nearest district.
All proceedings relative to the salvage of American vessels wrecked or cast on shore in the territorial waters of the German Empire shall tab place in accordance with the laws of Germany; and, reciprocally, al measures of salvage relative to German vessels wrecked or cast on shor in the territorial waters of the United States shall take place in accord ance with the laws of the United States.
The consular authorities have in both countries to intervene only ti superintend the proceedings having reference to the repair and revictual ing, or, if necessary, to the sale of the vessel wrecked or cast ashore.
For the intervention of the local authorities no charges shall be made except such as in similar cases are paid by vessels of the nation.
In case of a doubt concerning the nationality of shipwrecked vessel the local authorities shall have exclusively the direction of the proceed ings provided for in this article.
All merchandise and goods not destined for consumption in the country where the wreck takes place shall be free of all duties.
1459. ARTICLE XVII. With regard to the marks or labels of goods, or of their packages, and also with regard to patterns and marks of manufacture and trade, the citizens of Germany shall enjoy in the United States of America, and American citizens shall enjoy in Germany, the same protection as natin citizens.
1460. ARTICLE IV. It shall be free for each of the two contracting parties, respectively to appoint Consuls for the protection of trade, to reside in the dominion and territories of the other party; but before any Consul shall act at such, he shall, in the usual form, be approved and admitted by the Gov ernment to which he is sent; and it is hereby declared that, in case of gal or improper conduct toward the laws or government of the coun- to which he is sent, such Consul may either be punished according law, if the laws will reach the case, or be sent back, the offended »vernment assigning to the other the reasons for the same. It is hereby declared that either of the contracting parties may except om the residence of Consuls such particular places as such party shall dge fit to be so excepted.
Treaty concluded June 3, 1892 (Reclamation of deserting seamen).
1461. ARTICLE I.
The Consuls General, Consuls, Vice-Consuls and Consular Agents of ther of the High Contracting Parties, residing in the dominions, posssions or colonies of the other, shall have power to require from the :oper authorities the assistance provided by law for the apprehension, covery and restoration of seamen who may desert from any ship elonging to a citizen or subject of their respective countries, while in le ports of the other country. If, however, any such deserter shall ave committed any crime or offence in the country where he is found, is surrender or restoration may be delayed until the proper tribunal efore which the case shall be pending or may be cognizable, shall have ronounced its sentence and the sentence shall have been carried into ffect. It is understood that the preceding stipulations shall not apply to the itizens or subjects of the country where the desertion shall take place.
Treaty concluded December 1', 1837 (Amity and Commerce).
1462. ARTICLE XII. Each of the high contracting parties grants to the other the privilege of appointing in its commercial ports and places Consuls, Vice-Consuls, and Commercial Agents, who shall enjoy the full protection and receive
every assistance necessary for the due exercise of their functions: batit is expressly declared that in case of illegal or improper conduct vil respect to the laws or government of the country to which said ca. nuls, Vice-Consuls, or Commercial Agents shall reside, they may be prosecuted and punished conformably to the laws, and deprived of toexercise of their functions by the offended Government, which sha. acquaint the other with its motives for having thus acted; it bein. understood, however, that the archives and documents relative to to affairs of the Consulate shall be exempt from all search and shall l carefully preserved under the seals of the Consuls, Vice-Consuls, e Commercial Agents, and of the authority of the place where they may reside.
The Consuls, Vice-Consuls, or Commercial Agents, or the persons daly authorized to supply their places, shall have the right as such to sit as judges and arbitrators in such differences as may arise between the car tains and crews of the vessels belonging to the nation, whose interests are committed to their charge, without the interference of the local authorities, unless the conduct of the crews or of the captains shouli disturb the order or tranquility of the country, or the said Consnl. Vice-Consuls, or Commercial Agents should require their assistance to cause their decisions to be carried into effect or supported. It is, hosever, understood that this species of judgment or arbitration shall D:10 deprive the contending parties of the right they have to resort, on their return, to the judicial authority of their country.
1463. ARTICLE XIII.
The said Consuls, Vice-Consuls, or Commercial Agents are authorized to require the assistance of the local authorities for the arrest, detention. and imprisonment of the deserters from the ships of war and merchani vessels of their country, and for this purpose they shall apply to the competent tribunals, judges, and officers, and shall, in writing, demand said deserters, proving by the exhibition of the registers of the vessels, the rolls of the crews, or by other official documents, that such inuviduals formed part of the crews, and on this reclamation being thas substantiated, the surrender shall not be refused. Such deserters, when arrested, shall be placed at the disposal of the said Consuls, Vice-Consuls. or Commercial Agents, and may be confined in the public prisons at the request and cost of those who claim them, in order to be sent to the vessels to which they belonged, or to others of the same country. But if not sent back within the space of two months, reckoning from the y of their arrest, they shall be set at liberty, and shall not be again rested for the same cause. It is understood, however, that if the deserter should be found to have mmitted any crime or offense, his surrender may be delayed until the ibunal before which the case shall be depending shall have pronounced i sentence, and such sentence shall have been carried into effect.
dditional article to the Convention of Friendship, Commerce, and Narigation, of the 20th of December, 1827, between the United States of America and the Hanseatic Republics of Lubeck, Bremen, and Hamburg, concluded June 4, 18.28.
The United States of America and the Hanseatic Republics of Lubeck, remen, and Hamburg, wishing to favor their mutual commerce by fording, in their ports, every necessary assistance to their respective essels, the undersigned Plenipotentiaries have further agreed upon the bllowing additional article to the Convention of Friendship, Commerce, nd Navigation, concluded at Washington on the twentieth day of lecember, 1827, between the contracting parties.
The Consuls and Vice-Consuls may cause to be arrested the sailors, eing part of the crews of the vessels of their respective countries, who hall have deserted from the said vessels, in order to send them back and ransport them out of the country. For which purpose the said Consuls nd Vice-Consuls shall address themselves to the courts, judges, and fficers coinpetent, and shall demand the said deserters, in writing, roving by an exhibition of the registers of the said vessels, or ship's oll, or other official document, that those men were part of said crews; nd on this demand being so proved (saving, however, where the conrary is proved), the delivery shall not be refused; and there shall be íven all aid and assistance to the said Consuls and Vice-Consuls for the