Gambar halaman
PDF
ePub

to which such matters are usually referred at the place where a Consul or Agent of the United States may reside, and shall be discussed and decided according to equity in the presence of an employé of the Consul or Agent of the United States.

All suits and disputes which may arise in the Empire of Persia between citizens of the United States shall be referred entirely for trial and for adjudication to the Consul or Agent of the United States residing in the province wherein such suits and disputes may have arisen, or in the province nearest to it, who shall decide them according to the laws of the United States.

All suits and disputes occurring in Persia between the citizens of the United States and the subjects of other foreign powers shall be tried and adjudicated by the intermediation of their respective Consuls or Agents.

In the United States, Persian subjects in all disputes arising between themselves, or between them and citizens of the United States or foreigners, shall be judged according to the rules adopted in the United States respecting the subjects of the most favored nation.

Persian subjects residing in the United States, and citizens of the United States residing in Persia, shall, when charged with criminal offenses, be tried and judged in Persia and the United States in the same manner as are the subjects and citizens of the most favored nation residing in either of the above-mentioned countries.

1605. ARTICLE VI.

In case of a citizen or subject of either of the contracting parties dying within the territories of the other, his effects shall be delivered up integrally to the family or partners in business of the deceased; and in case he has no relations or partners, his effects in either country shall be delivered up to the Consul or Agent of the nation of which the deceased was a subject or citizen, so that he may dispose of them in accordance with the laws of his country.

1606. ARTICLE VII.

For the protection of their citizens or subjects, and their ccmmerce respectively, and in order to facilitate good and equitable relations between the citizens and subjects of the two countries, the two high contracting parties reserve the right to maintain a Diplomatic Agent at either seat of government, and to name each three Consuls in either country; those of the United States shall reside at Teheran, Bender, Bushir, and Tauris; those of Persia at Washington, New York, and New Orleans.

The Consuls of the high contracting parties shall reciprocally enjoy in e territories of the other, where their residence shall be established, e respect, privileges, and immunities granted in either country to the ɔnsuls of the most favored nation. The Diplomatic Agent or Consuls the United States shall not protect, secretly or publicly, the subjects the Persian Government, and they shall never suffer a departure from e principles here laid down and agreed to by mutual consent. And it is further understood, that if any of those Consuls shall engage trade, they shall be subjected to the same laws and usages to which rivate individuals of their nation engaged in commercial pursuits in the ime place are subjected.

And it is also understood by the high contracting parties that the Diplomatic and Consular Agents of the United States shall not employ a reater number of domestics than is allowed by treaty to those of Russia esiding in Persia.

*

PERU.

Treaty of Friendship, Commerce, and Navigation, concluded at Lima, August 31, 1887.

*

1607. ARTICLE XXX.

To protect more effectually the commerce and navigation of their espective citizens, the United States of America and the Republic of Peru agree to admit and receive, mutually, consuls and vice-consuls in ill their ports open to foreign commerce, who shall enjoy, within their espective consular districts, all the rights, privileges, and immunities of the consuls and vice-consuls of the most favored nation; but to enjoy he rights, prerogatives, and immunities which belong to them in virtue of their public character, the consuls and vice-consuls shall, before exercising their official functions, exhibit to the Government to which they are accredited their commissions or patents in due form, in order to receive their exequatur; after receiving which they shall be acknowledged in their official characters by the authorities, magistrates and inhabitants of the district in which they reside. The high contracting parties, nevertheless, remain at liberty to except those ports and places

where the admission and residence of consuls and vice-consuls may t seem to be convenient, provided that the refusal to admit them shall likewise extend to those of all nations.

1608. ARTICLE XXXI.

The consuls, vice-consuls, their officers and persons employed in their consulates, shall be exempt from all public service, and from all kink of taxes, imposts, and contributions, except those which they shall b lawfully held to pay on account of their property or commerce, and to which the citizens and other inhabitants of the country in which they reside are subject, they being, in other respects, subject to the laws of the respective countries. The archives and papers of the consulates shall be inviolably respected; and no person, magistrate, or other public authority shall, under any pretext, interfere with or seize them.

1609. ARTICLE XXXII.

The consuls and vice-consuls shall have power to require the assistance of the public authorities of the country in which they reside for the arrest, detention, and custody of deserters from the vessels of war or merchantvessels of their nation; and where the deserters claimed shall belong to a merchant-vessel, the consuls or vice-consuls must address themselves to the competent authority, and demand the deserters in writing, proving by the ship's roll or other public document that the individuals claimed t are a part of the crew of the vessel from which it is alleged that they have deserted; but should the individuals claimed form a part of the crew of a vessel of war, the word of honor of a commissioned officer attached to the said vessel shall be sufficient to identify the deserters: and when the demand of the consuls or vice-consuls shall, in either case, be so proved, the delivery of the deserters shall not be refused. The said deserters, when arrested, shall be delivered to the consuls or viceconsuls, or, at the request of these, shall be put in the public prisons, and maintained at the expense of those who reclaim them, to be delivered to the vessels to which they belong or sent to others of the same nation; but if the said deserters should not be so delivered or sent within the term of two months, to be counted from the day of their arrest, they shall be set at liberty, and shall not be again apprehended for the same cause. The high contracting parties agree that it shall not be lawful for any public authority or other person within their respective dominions to harbor or protect such deserters.

1610. ARTICLE XXXIII.

Until the conclusion of a consular convention, which the high conacting parties agree to form as soon as may be mutually convenient, is stipulated, that in the absence of the legal heirs or representatives e consuls or vice-consuls of either party shall be ex-officio the execurs or administrators of the citizens of their nation who may die within eir consular jurisdictions, and of their countrymen dying at sea whose roperty may be brought within their district. The said consuls or ce-consuls shall call in a justice of the peace or some other judicial uthority to assist in taking an inventory of the effects and property eft by the deceased, after which the said effects shall remain in the ands of the said consuls or vice-consuls, who shall be authorized to sell mmediately such of the effects or property as may be of a perishable ature, and to dispose of the remainder according to the instructions f their respective Governments. And where the deceased has been ngaged in commerce or other business, the consuls or vice-consuls shall old the effects and property so remaining until the expiration of twelve alendar months, during which time the creditors, if any, of the deceased, hall have the right to present their claims and demands against the said ffects and property; and all questions arising out of such claims or emands shall be decided by the laws of the country wherein the said itizens may have died. It is understood, nevertheless, that if no claim r demand shall have been made against the effects and property of an ndividual so deceased, the consuls or vice-consuls, at the expiration of he twelve calendar months, may close the estate and dispose of the ffects and property in accordance with the instructions from their own Governments.

[blocks in formation]

Treaty concluded August 26, 1840 (Commerce and Navigation.)

[blocks in formation]

The two contracting parties shall have the liberty of having, each in the ports of the other, Consuls, Vice-Consuls, Agents, and Commissaries of their own appointment, who shall enjoy the same privileges and

17824 C R-41

powers as those of the most favored nation. But, before any Consul Vice-Consul, Agent, or Commissary shall act as such, he shall, in the usual form, be approved and admitted by the Government to which be is sent.

But if any such Consuls shall exercise commerce, they shall be submitted to the same laws and usages to which the private individuals of their nation are submitted, in the same place, in respect of their com mercial transactions.

And it is hereby declared that, in case of offense against the laws. such Consul, Vice-Consul, Agent, or Commissary may either be punished according to law, or be sent back, the offended Government assigning to the other reasons for the same.

The archives and papers of the Consulate shall be respected inviolably; and under no pretext whatever shall any magistrate seize or in any way interfere with them.

The Consuls, Vice-Consuls, and Commercial Agents shall have the right as such to sit as judges and arbitrators in such differences as may arise between the captains 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, should disturb the order or the tranquility, or offend the laws of the country; or the said Consuls, Vice-Consuls, or Commercial Agents should require their assistance to cause their decisions to be carried into effect or supported.

It is, however, understood, that this species of judgment, or arbitration, shall not deprive the contending parties of the right they have to resort, on their return, to the judicial authorities of their country.

1612. ARTICLE XI.

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 any other official documents, that such individuals formed part of the crews; and this reclamation being thus substantiated, the surrender shall be made without delay.

« SebelumnyaLanjutkan »