622 PUBLIC TREATIES. Amuonn XXXVII. Desertcrs f rv ru The Consuls and Vice-Consuls shall have power to require the ""”°l"· 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 merchant-vessels of their nation ; and where the desertcrs claimed shall belong to a merchant—vessel, the (Jonsuls or W iee-Consnls 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 ofdcer 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 desertcrs, when arrested, shall be delivered to the Uonsuls or Vice-Consuls, 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. Anrroma XXXVIII. Consular Con- For the purpose of more eifectually protecting their commerce and v~=¤ti<>¤- navigation, the two contracting parties do hereby agree to form, as soon hereafter as may be mutually convenient, a consular convention, which shall declare specially the powers and immunities of the Gonsuls and Vice-Gonsuls of the respective parties. Aaricnn XXXIX. Property of resi- Until the conclusion of a consular convention, the high contracting €°t';*° 65***8 *“'°°°‘ parties agree that, in the absence of the legal heirs or representatives, “ ‘ the Oonsuls or Vice-Oonsuls of either party shall be ex-officio the executors or administrators of the citizens of their nation who may die within their consular jurisdictions, and of their countrymen dying at sea, whose property may be brought within their district. The said Consuls or Vice-Consuls shall call in a justice of the peace, or other local authority, to assist in taking an inventory of the eifects and property left by the deceased; after which, the said eifects shall remain in the hands of the said Consuls or Vice-Consuls, who shall be authorized to sell immediately such of the effects or property as may be of a perishable nature, and to dispose of the remainder according to the instructions of their respective governments. And where the deceased has been engaged in commerce or other business, the Consuls or Vice-Consuls shall hold the effects and property so remaining until the expiration of twelve calendar months; during which time the creditors, if any, of the deceased shall have the right to present their claims or demands against the said effects andproperty and all questions arising out of such claims or demands shall be decided by the laws of the country wherein the said citizens may have died. It is understood, nevertheless, that if no claim or · demand shaH have been made against the effects and property of an individual so deceased, the Gonsuls or Vice-Consuls, at the expiration of the twelve calendar months, may close the estate and dispose of the efects and property, in accordance with the instructions from their own governments.
Page:United States Statutes at Large Volume 18 Part 2c.djvu/629
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