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Either High Contracting Party shall have the right, at any time thereter to give notice to the other of its intention to terminate the same, ad at the expiration of twelve months after such notice is given this reaty shall wholly cease and determine.
KONGO FREE STATE. Treaty of Amity, Commerce, and Navigation, concluded at Brussels
January 24, 1891,
1520. ARTICLE V.
It will be lawful for the two High contracting Parties to appoint and stablish consuls, vice-consuls, deputy-consuls, consular agents and ommercial agents in the territories of the other; but none of these igents can exercise his functions before having received the necessary xequatur from the Government to which he is delegated.
The said agents of each of the two High contracting Parties shall njoy, in the territories of the other, upon the footing of a complete reciprocity, all the privileges, immunities and rights which are actually granted to those of the most favored nation or which may be accorded to them hereafter.
The said agents, citizens or inhabitants of the State by which they are appointed, shall not be subject to preliminary arrest, except in the case of acts qualified as crimes by the local legislation and punished as such. They shall be exempt from military billeting and from service in the army, navy or militia, as well as from all direct taxes, unless these should be due on account of real estate, or unless the said agents should exercise a profession or business of any kind. The said agents can raise their national flag over their offices.
The consular offices shall be at all times inviolable. The local authorities can not invade them under any pretext. They can not in any case examine or seize the papers which shall be there deposited. The consular office can not, on the other hand, serve as place of asylum, and if an agent of the consular service is engaged in business, commercial or other, the papers relating to the consulate shall be kept separate.
The said agents shall have the right to exercise all the functions generally appertaining to consuls, especially in what concerns the legalization of private and public documents, of invoices and commercial
contracts, the taking of depositions and the right of authenticating legal acts and documents.
The said agents shall have the right to address the administrative and judicial authorities of the country in which they exercise their functious in order to complain of any infraction of the treaties or conventions existing between the two Governments, and for the purpose of protecting the rights and interests of the citizens and inhabitants of their country. They shall have also the right to settle all differences arising between the captains or the officers and the sailors of the sea-vessels of their nation. The local authorities shall abstain from interfering in these cases unless the maintenance of the public tranquility requires it, or, unless their assistance should be asked by the consular authority in order to assure the execution of its decisions.
The local authorities will give to the said agents and, on their default to the captains or their casual representatives, all aid for the search and arrest of sailor-deserters, who shall be kept and guarded in the prisons of the State upon the requisition and at the expense of the consuls or of the captains during a maximum delay of two months.
KOREA, OR CHOSEN.
Treaty concluded May 22, 1882. (Commerce, &c.)
1521. ARTICLE II. After the conclusion of this Treaty of amity and commerce, the High Contracting Powers may each appoint Diplomatic Representatives to reside at the Court of the other, and may each appoint Consular Representatives at the ports of the other, which are open to foreign commerce, at their own convenience.
These officials shall have relations with the corresponding local authorities of equal rank upon a basis of mutual equality. The Diplomatic and Consular Representatives of the two Governments shall receive mutually all the privileges, rights, and immunities, without discrimination, which are accorded to the same classes of Representatives from the most favored nation.
Consuls shall exercise their functions only on receipt of an exequatur
m the Government to which they are accredited. Consular authoris shall be bona fide officials. No merchant shall be permitted to rcise the duties of the office, nor shall Consular Officers be allowed engage in trade. At ports to which no Consular Representatives have in appointed, the Consuls of other Powers may be invited to act, proled that no merchant shall be allowed to assume Consular functions, the provisions of this treaty may, in such case, be enforced by the al authorities. if Consular Representatives of the United States in Chosen conduct eir business in an improper manner, their exequaturs may be revoked, bject to the approval, previously obtained, of the Diplomatic Repreatative of the United States.
1522. ARTICLE III.
If a United States vessel be wrecked on the coast of Chosen, the local uthorities, on being informed of the occurrence, shall immediately nder assistance to the crew, provide for their present necessities, and ke the measures necessary for the salvage of the ship and the preservaon of her cargo. They shall also bring the matter to the knowledge
the nearest Consular Representative of the United States, in order at steps may be taken to send the crew home and to save the ship and irgo. The necessary expenses shall be defrayed either by the ship's iaster or by the United States.
1523. ARTICLE IV.
All citizens of the United States of America in Chosen, peaceably ttending to their own affairs, shall receive and enjoy for themselves ind everything appertaining to them, the protection of the local authorties of the Government of Chosen, who shall defend them from all nsult and injury of any sort. If their dwellings or property be threatned or attacked by mobs, incendiaries, or other violent or lawless perons, the local officers, on requisition of the Consul, shall immediately lespatch a military force to disperse the rioters, apprehend the guilty ndividuals, and punish them with the utmost rigor of the law.
Subjects of Chosen, guilty of any criminal act towards citizens of the United States, shall be punished by the authorities of Chosen, according to the laws of Chosen; and citizens of the United States, either on shore or in any merchant vessel, who may insult, trouble, or wound the persons, or injure the property of the people of Chosen, shall be arrested and punished only by the Consul or other public functionary of the United States, thereto authorized, according to the laws of the United States.
When controversies arise in the Kingdom of Chosen between citizens of the United States and subjects of His Majesty, which need to be esamined and decided by the public officers of the two nations, it is agreed between the two Governments of the United States and Chosen, that such cases shall be tried by the proper official of the nationality of the defendant, according to the laws of that nation. The properly author ized official of the plaintiff's nationality shall be freely permitted to attend the trial, and shall be treated with the courtesy due to his position. He shall be granted all proper facilities for watching the proceedings in the interests of justice. If he so desires, he shall have the right to present, to examine, and to cross-examine witnesses. If he is dissatisfied with the proceedings, he shall be permitted to protest against them in detail.
It is however mutually agreed and understood between the high cobtracting powers, that whenever the King of Chosen shall have so far modified and reformed the statutes and judicial procedure of his Kingdom that, in the judgment of the United States, they conform to the laws and course of justice in the United States, the right of ex-territorial jurisdiction over United States citizens in Chosen shall be abandoned, and thereafter United States citizens, when within the limits of the Kingdom of Chosen, shall be subject to the jurisdiction of the native authorities.
The officers and people of either nation residing in the other shall have the right to employ natives for all kinds of lawful work.
Should, however, subjects of Chosen, guilty of violation of the laws of the Kingdom, or against whom any action has been brought, conceal themselves in the residences or warehouses of United States citizens, or on board United States merchant vessels, the consular authorities of the United States, on being notified of the fact by the local authorities, will either permit the latter to dispatch constables to make the arrests, or the persons will be arrested by the consular authorities and handed over to the local constables.
Officials or citizens of the United States shall not harbor such persons.
Treaty concluded October 21, 1862 (Commerce and Navigation).
1525. ARTICLE VII.
Each contracting party may appoint Consuls for the protection of trade reside in the dominions of the other; but no such Consul shall enter on the exercise of his functions until he shall have been approved and mitted, in the usual form, by the Government of the country to which is sent.
(See HANSEATIC REPUBLICS.)
Treaty concluded May 13, 1881 (Friendship and Commerce).
(See TREATY VOLUME, title MADAGASCAR.)
'reaty concluded September 21, 1833 (Amity and Commerce; applies also
to Zanzibar, which see).
1526. ARTICLE V.
If any vessel of the United States shall suffer shipwreck on any part f the Sultan's dominions, the persons escaping from the wreck shall be aken care of and hospitably entertained, at the expense of the Sultan, Intil they shall find an opportunity to be returned to their country (for he Sultan can never receive any remuneration whatever for rendering