« SebelumnyaLanjutkan »
search, seizure, and arrest of the said deserters, who shall be even detaisai and kept in the prisons of the country, at their request and expešt until they shall have found opportunity of sending them back. Butt they be not sent back within two months, to be counted from the day? of their arrest, they shall be set at liberty, and shall be no more artea for the same cause.
It is understood, however, that if the deserter should be found to have committed any crime or offense, his surrender may be delayed until the tribunal before which the case shall be depending shall have pronounced its sentence, and such sentence shall have been carried into effect.
The present additional article shall have the same force and value & if it were inserted, word for word, in the Convention signed at Washington on the twentieth day of December, one thousand eight hundred and twenty-seven.
Convention for the mutual extension of the jurisdiction of Consuls betuern
the United States of America and the Free and Hanseatic Republic of Hamburg, Bremen, and Lubeck, concluded at Washington, April .. 1852.
1465. ARTICLE I.
The Consuls, Vice-Consuls, Commercial, and Vice-Commercial Agents, of each of the high contracting parties shall have the right, as such, to sit as judges and arbitrators in such differences as may arise betwe) the masters and crews of the vessels belonging to the nation whose inte ests are committed to their charge, without the interference of the local authorities, unless the conduct of the crews or of the master should disturb the order or tranquillity of the country; or the said Consuls, Vice Consuls, Commercial Agents, or Vice-Commercial Agents, should require their assistance in executing or supporting their own decisions. Bi this species of judgment or arbitration shall not deprive the contendins parties of the right they have to resort, on their return, to the judicial authority of their own country.
1466. ARTICLE II.
The present Convention shall be in force for the term of twelve years from the day of its ratifications; and further until the end of twelve months after the Governinent of the United States on the one part, ( the Free and Hanseatic Republics of Hamburg, Bremen, or Lubeck, or ther of them, on the other part, shall have given notice of their intenon to terminate the same; each of the contracting parties reserving to self the right of giving such notice to the other at the end of the said arm of twelve years. And it is hereby agreed that, at the expiration of welve months after such notice shall have been received by either of the arties from the other, this convention, and all the provisions thereof, hall altogether cease and determine, as far as regards the States giving nd receiving such notice; it being always understood and agreed that f one or more of the Free and Hanseatic Republics aforesaid shall, at he expiration of twelve years from the date of the ratification of the onvention, give or receive notice of the termination of the same, it shall, levertheless, remain in full force and operation, as far as regards the emaining Free and Hanseatic Republics or Republic, which may not lave given or received such notice.
Treaty concluded December 20, 1849 (Friendship, Commerce, and Navi
1467. ARTICLE X. Each of the two contracting parties may have, in the ports of the other, Consuls, Vice-Consuls, and Commercial Agents of their own appointment, who shall enjoy the same privileges and powers with those of the most favored nations; but if any such consuls shall exercise commerce, they shall be subject to the same laws and usage to which the private individuals of their nation are subject in the same place. The said Consuls, Vice-Consuls, and Commercial Agents are authorized to require the assistance of the local authorities for the search, arrest, detention, and imprisonment of the 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 the said deserters, proving by the exhibition of the registers of the vessels, the rolls of the crews, or by other official documents, that such individnals formed part of the crews; and this reclamation being thus 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 shall claim them, in order to be detained until the time when they shall be restored to the vessel to which they belong or sent back to their own country by a vessel of the same nation, or at other vessel whatsoever. The agents, owners, or masters of vessels account of whom the deserters have been apprehended upon requisiti:c of the local authorities, shall be required to take or send away sur deserters from the States and dominion of the contracting parties, or geta such security for their good conduct as the law may require. But if I? sent back nor reclaimed within six months from the day of their arrest, or if all the expenses of such imprisonment are not defrayed by the part; causing such arrest and imprisonment, they shall be set at liberty, ard shall not again be arrested for the same cause. However, if the deserters should be found to have committed any crime or offense, their surrende: may be delayed until the tribunal before which their case shall be des pending shall have pronounced its sentence, and such sentence shall have been carried into effect.
1468. ARTICLE XII. If any ships of war or other vessels be wrecked on the coasts of the States or territories of either of the contracting parties, such ships or vessels, or any parts thereof, and all furniture and appurtenanas belonging thereunto, and all goods and merchandise which shall be saved therefrom, or the produce thereof, if sold, shall be faithfully restored, with the least possible delay, to the proprietors, upon being claimed by them or by their duly authorized factors; and if there are no such proprietors or factors on the spot, then the said goods and merchandise, or the proceeds thereof, as well as all the papers found on board such wrecked ships or vessels shall be delivered to the Americano Hawaiian Consul or Vice-Consul in whose district the wreck may have taken place; and such Consul, Vice-Consul, proprietors, or factors, shal pay only the expenses incurred in the preservation of the property, together with the rate of salvage and expenses of quarantine which would have been payable in the like case of a wreck of a national ves sel; and the goods and merchandise saved from the wreck shall not be subject to duties unless entered for consumption, it being understood that in case of any legal claim upon such wreck, goods, or merchandis, the same shall be referred for decision to the competent tribunals of the country.
Preaty concluded November 3, 1864 (Amity, Commerce, Navigation, and
1469. ARTICLE XXXIII. To protect more effectually the commerce and navigation of their 'espective citizens, the United States of America and the Republic of Sayti agree to admit and receive, mutually, Consuls and Vice-Consuls n all their ports open to foreign commerce, who shall enjoy, within heir respective Consular Districts, all the rights, prerogatives, and mmunities 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 uccredited, 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 on the crews, or by any other official documents, that such individual formed a part of the crews; and, on this claim being substantiated, th: surrender shall not be refused. Such deserters, when arrested, shall be! placed at the disposal of the Consuls and Vice-Consuls, and may be coc 1 fined in the public prisons at the request and cost of those who sha". 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 Narigationi.
1474. ARTICLE VIII.
In whatever relates to the police of the ports, the lading and unladin: 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 adıninistration 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.