VENEZUELA, 1860. 805 Aarrcm XXVI. The high contracting parties grant to each other the liberty of having 0<>¤s¤l¤¤¤¤1Vicein the ports of the other Consuls or ViccConsuls of their own appoint- C°“°“*°· ment, who shall enjoy the same privileges and powers as those of the most favoured nation; but if any of the said Consuls or Vice-Consuls shall carry on trade, they shall be subjected tc the same laws and usages to which private individuals of their nation are subjected in the same place. . It is understood that whenever either of the two contracting parties When consular shall select a citizen of the other for a Consular Agent, to reside in any "8°“* ‘° ° °*'”'°"· ports or commercial places of the latter, such Consul or Agent shall continue be regarded, notwithstanding his quality of a foreign Censul, as a citizen of the nation to which he belongs, and consequently shall be subject to the laws and regulations to which natives are subjected in the place of his residence. This obligation, however, shall in no respect embarrass the exercise of his consular functions or affect the inviolability of the consular archives. The said Consuls and Vice-Consuls shall have the right, as such, to _8¤*H¤¤¤¢¤* •¢ sit as judges and arbitrators in such diiferences as may arise between ::£::“·u‘5°:;;°: the masters and crews of the vessels belonging to the nation whose in- " terests are committed to their charge, without the interference of the local authorities, unless their assistance should be required, or the conduct of the crews or of the captain should disturb the order or tranquillity of the country. 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 authority of their own country. The said Consuls and Vice-Consuls are authorized to require the Dcscrton from assi tance of the local authorities for the arrest and imprisonment of '°°°°]'· the deserters from the ships of war and merchant-vessels of their country. Forthis purpose they shall apply to the competent tribunals, judges, and olllcers, and shall in writing demand such deserters, proving, by the exhibition of the registers of the vessels, the muster-rolls of the crews, or by any other official documents, that such individuals formed part of the crews; and on this claim being substantiated, the surrender shall not be refused. Such deserters, when arrested, shall be placed at the disposal of the Consuls and Vice-Consuls, and may be confined in the public prisons at the request and cost of those who shall 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 of the day of their arrest, they shall be set at liberty, and shall not again be arrested for the same cause. However, if the deserter shall be found to have committed any crime or otfence, his surrender may be delayed until the tribunal before which his case shall be pending shall have pronounced its sentence and such sentence shall have been carried into effect. Anrxcrn XXVII. The United States of America and the Republic of Venezuela, on prtraditien e r requisitions made in their name through the medium of their respective ¤¤¤¤¤¤¤I¤- Diplomatic and Consular Agents, shall deliver up to justice persons who, being charged with the crimes enumerated in the following article, committed within the jurisdiction of the requiring party, shall seek asylum or shall be found within the territories~ of the other: Proi E vid_¤¤c¤ of vided, That this shall be done only when the fact of the commission of °“"""*l‘*¥· the crime shall be so established as to justify their apprehension and commitment for trial, if the crime had been committed in the country where the persons so accused shall be found, in all of which the tribunals of said country shall proceed and decide according to their own laws.
Page:United States Statutes at Large Volume 18 Part 2c.djvu/812
This page needs to be proofread.