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where the admission and residence of consuls and vice-consuls may not 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 kinds of taxes, imposts, and contributions, except those which they shall be lawfully held to pay on account of their property or commerce, and to which the citizens and other inhabitants of the country in which thes 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 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 conicting 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 operty may be brought within their district. The said consuls or ce-consuls shall call in a justice of the peace or some other judicial ithority to assist in taking an inventory of the effects and property ft by the deceased, after which the said effects shall remain in the inds of the said consuls or vice-consuls, who shall be authorized to sell imediately such of the effects or property as may be of a perishable iture, and to dispose of the remainder according to the instructions
their respective Governments. And where the deceased has been agaged 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 fects 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.
Treaty concluded August 26, 1840 (Commerce and Navigation.)
1611. ARTICLE X. 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
powers as those of the most favored nation. But, before any Consol Vice-Consul, Agent, or Commissary shall act as such, he shall, in tbe usual form, be approved and admitted by the Government to which te is sent.
But if any such Consuls shall exercise commerce, they shall be sob mitted to the same laws and usages to which the private individuals of their nation are submitted, in the same place, in respect of their conmercial transactions.
And it is hereby declared that, in case of offense against the laws such Consul, Vice-Consul, Agent, or Commissary may either be preished according to law, or be sent back, the offended Government to assigning to the other reasons for the same.
The archives and papers of the Consulate shall be respected invio lably; 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 mar 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 author ized 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.
uch deserters, when arrested, shall be placed at the disposal of the 1 Consuls, Vice-Consuls, or Commercial Agents, and may be confined the public prisons at the request and cost of those who shall claim m, in order to be detained until the time when they shall be restored the vessels to which they belonged, or sent back to their own country a vessel of the same nation, or any other vessel whatsoever. But if t sent back within four months from the day of their arrest, they all be set at liberty, and shall not be again arrested for the same use.
However, if the deserter shall be found to have committed any ime or offense, the surrender may be delayed until the tribunal before hich his case shall be pending shall have pronounced its sentence and .ch sentence shall have been carried into effect.
Consular convention, concluded June 5, 1881.
1613. ARTICLE I.
Each of the high contracting parties agrees to receive from the other, onsuls-General, Consuls, Vice-Consuls and Consular Agents, in all its sorts, cities, and places except those where it may not be convenient to ecognize such officers. This reservation, however, shall not apply to one of the high contracting parties without also applying to every other power
1614. ARTICLE II. The Consuls-General, Consuls, Vice-Consuls and Consular Agents of each of the two high contracting parties shall enjoy reciprocally, in the States of the other, all the privileges, exemptions, and immunities that are enjoyed by officers of the same rank and quality of the most favored nation. The said officers, before being admitted to the exercise of their functions and the enjoyment of the immunities thereto pertaining, shall present their commissions in the forms established in their respective countries. The Government of each of the two high contracting powers shall furnish them the necessary exequatur free of charge, and, on the exhibition of this instrument they shall be permitted to enjoy the rights, privileges, and immunities granted by this convention.
1615. ARTICLE III.
Consuls-General, Consuls, Vice-Consuls and Consular Agents, cities of the State by which they are appointed, shall be exempt from prelimi nary arrest except in the case of offenses which the local legislatra qualifies as crimes and punishes as such; they shall be exempt from military billetings, from service in the regular army or navy, in timilitia, or in the national guard; they shall likewise be exempt from al direct taxes, national, state or municipal, 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 country where the said officers exercise their functions.
This exemption shall not, however, apply to Consuls-General, Consals. Vice-Consuls, or Consular Agents engaged in any profession, business, or trade, but the said officers shall in such case be subject to the payment of the same taxes that would be paid by any other foreigner under the like circumstances.
It is understood that the respective Consuls, if they are merchants, shall be entirely submitted, as far as concerns preliminary arrest for commercial acts, to the legislation of the country in which they exercise their functions.
1616. ARTICLE IV.
When a court of one of the two countries shall desire to receive the judicial declaration or deposition of a Consul-General, Consul, ViceConsul, or Consular Agent, who is a citizen of the State which appointed him, and who is engaged in no commercial business, it shall request him, in writing, to appear before it, and in case of his inability to do so, it shall request him to give his testimony in writing, or shall visit his residence or office to obtain it orally.
It shall be the duty of such officer to comply with this request with as little delay as possible.
In all criminal cases, contemplated by the sixth article of the amendments to the Constitution of the United States, whereby the right is secured to persons charged with crimes to obtain witnesses in their favor, the appearance in court of said Consular Officer shall be demanded, with all possible regard to the Consular dignity and to the duties of his office. A similar treatment shall also be extended to the Consuls of the United States in Roumania in the like cases.