Page:United States Statutes at Large Volume 18 Part 2c.djvu/644

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PORTUGAL, 1840. 637 The archives and papers of the consulates shall be respected inviola- Invmcbnity of bly; and under no pretext whatever shall any magistrate seize or in’“'°l‘i"°°· any way interfere with them. The Consuls, Vice-Consuls, and Commercial Agents shall have the Setticment of right, as such, to sit as judges and arbitrators in such diiferences as ‘“°P'“°° l’°*‘”°°¤ may arise between the captains and crews of the vessels belonging to "'”°°" °“d °"’“"’“ 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 tranquillity 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. Aariomc XI. The said Consuls, Vice—Consuls, and Commercial Agents are authorized Dcscrtcrs from to require the assistance of the local authorities for the search, arrest V¤¤¤¤l¤· detention, and imprisonment of the deserters from the ships of war and merchantvessels 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 odicial documents, that such individuals formed part of the crews; and this reclamation being thus substantiated, the surrender shall be made without delay. Such deserters, when arrested, shall be placed at the disposal of the said Consuls, Vice-Consuls, or Commercial Agents, and may be condned in the public prisons, at the request and cost of those who shall claim them, in order to be detained until the time when they shall be restored to the vessels to which they belonged, or sent back to their own country by a vessel of the same nation, or any other vessel whatsoever. But, if not sent back within four months from the day of their arrest, they shall beset at liberty, and shall not be again arrested for the same cause. However, if the deserter shall be tound to have committed any crime or oiiense, the 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. Ancrrcms XII. The citizens and subjects of each of the high contracting parties shall 1;;,,,0,,,;,,,,,; i,,. have power to dispose of their personal goods within the jurisdiction of heritance of perthe other, by testament, donation, or otherwise; and their representa- **0****1 P*°P°"°Y· tives shall succeed to their said personal goods, whether by testament or ab intestate, and may take possession thereof, either by themselves or by others acting for them, and dispose of the same at will, paying to the protit of the respective Governments such dues only as the inhabitants of the country wherein the said goods are shall be subject to pay in like cases. _ _ And where. on the death of any person holding real estate within the Heirs to real esterritories ot one of the high contracting parties, such real estate would, ***8- by the laws of the land, descend on a citizen or subject of the other party, who, by reason of alienage, may be incapable of holding it, he shall be allowed the time fixed by the laws of the country; and, in case the laws of the country actually in force may not have iixed any such time, he then shall he allowed a reasonable time to sell or otherwise dispose of such real estate, and to withdraw and export the proceeds without molestation, and without paying to the proht of the respective