TREATY—MADAGASCAR. DIAY 13, 1881. 959 United States of America and of Madagascar, in so far as the latter can be made to harmonize, shall govern proceedings in these courts. 17. lt is agreed that the said *‘ Code of Rules" shall follow, in so far Scope of "code as the laws and present status of things in Madagascar will admit, the of F¤l¤‘¤·" rules of proceedings in United States consular courts in Madagascar; that all attestations in the proceedings shall be made under the judicial oath or aiiirmation of civilized nations; and that the said code of rules shall define how actions shall be commenced and be conducted, the grades of offences and their punishments, under what circumstances arrests may be made, and the amount and manner of bail to be taken, the disposition to be made of fines collected, when, how, and to whom appeals may be taken, and all other matters necessary for the intelligent working of such courts. And shall also contain forms for writs and other processes, and a tariff of fees. _ 18. In all cases of arrest permitted by this treaty now, and to be pro- Treatment of vided for the “Code of Rules”, the prisoner shall be, during their deten- P*'iS°“°’¤· tion, treated with all the humanity consonant with the laws of civilized nations. Her Majesty’s Government will see that they are supplied with wholesome food and drink in sufficient quantity, and detained in healthy quarters, and that they are brought to trial in the shortest time possible consonant with the convenience of the prisoner. 19. In cases of arrest. of American citizens or protegés in the ab- Notice of arrest sence of a United States consular office1·,or where no such officer re- °f A¤¤>Yi¤¤¤ citisides, the authority causing the arrest shall immediately inform the "“°‘ nearest United States consular odiccr of the fact and of the circumstance of the case, and also cause the prisoner to be taken as soon as possible before the mixed court of which that nearest consular ohicer is a judge. · 20. It shall be the duty of the court to encourage the settlement of Settlement or controversies of a civil character by mutual agreement, or to submit °°°“'°V°"*·°S¤ °t°· the same to the decision of referees agreed upon by the parties. And in criminal cases, which are not of a heinous character, it shall be lawful for the parties aggrieved or concerned therein, with the assent of the court, to adjust the same among themselves upon pecuniary or other considerations. _ 21. Her Majesty’s Government will render all assistance in its power Q °U°°¤°¤ 0* to United States citizens and protegés toward collecting their legal °l“"““·°t°‘ claims against Her Majestfs subjects; and United States consular otticers will likewise render every assistance in collecting legal claims against United States citizens and protegés. » 22. Whenever it is known, ’or there is reason to believe, that _S¤#¤¤h fb? fugitransgressors against the laws, fugitives from justice are on the st?`;;'; ~l;‘;’3;°° premises of United States citizens or protegés, such premises may be g ' entered by the Malagasy police with the consent of the occupants, or against their consent in company with a United States Consular officer, or with his written order. In case of absence of such United States ofticers, or in places where no such officers reside, the police may make such entry by the order of the local authority, to look for the offender or stolen property; and the offender, if found, may be arrested, and all stolen property seized. 23. Murder and insurrection or rebellion against the Government of §Jar>i‘=¤1<>iY¤¤¤¤¤; Madagascar with intent to subvert the same, shall be capital offence, *““1» °‘°· and not bailable; and when a United States citizen shall be convicted by this court of either of those crimes he shall be banished the country and sent to the United States of America tbr a review of his trial and approval of his sentence and punishment. If a Malagasy subject be convicted by the court of the murder of 2. United States citizen or protegé he shall sutter such punishment as the Malagasy law awards for such crime when her Majesty, the Queen of Madagascar, shall have approved the judgment of the court. 24. When a United States citizen shall have been convicted of sev- Minor otfenses. eral minor olfences, showing him to be a turbulent and intractable P¤¤=•i¢y·
