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intervention of the local authority must be in accordance with the provision in Article XII of this Convention.
XIV. The Consuls-General, Consuls, Vice-Consuls, and Consular Agents of the two States shall take cognisance exclusively of the inventorial and other proceedings taken for the preservation of the property left by sailors or passengers of their nation who die ashore or on board of the ships of their country, whether during the passage or in the port of arrival.
XV. The Consuls-General, Consuls, Vice-Consuls, and Consular Agents may go themselves or send a delegate on board the ships of their nation, question the captains and crews, examine the papers, receive the declarations respecting their voyage and the incidents of the passage, draw up the manifests, and facilitate the clearance of their vessels, and finally accompany them before the tribunals or in the administrative offices of the country to serve them as interpreters and agents in the affairs which they have to transact, or for the demands which they have to make.
The functionaries of the judicial order and the guards and officers of the Custom-House cannot in any way make visitations or searches on board the ships unless they are accompanied by the Consul or Vice-Consul of the nation to which the ships belong.
They must in like manner give due notice to the said Consular Agents, so that they may be present at the declarations which the captains and crews have to make before the tribunals, and at the local offices, in order to avoid any mistake or misunderstanding that might prejudice the good administration of justice.
The notice which is addressed to the Consuls or Vice-Consuls for this purpose is to indicate a precise time, and if the Consuls or Vice-Consuls neglect to attend, personally or by delegate, the business shall proceed in their absence.
XVI. In all that concerns the police of the ports, the loading and unloading of the ships, and the safety of the merchandise, goods, and effects, the laws, statutes, and regulations of the country shall be observed.
The Consuls-General, Consuls, Vice-Consuls, and Consular Agents shall have exclusive charge of the maintenance of internal order on board the merchant ships of their nation, and they alone shall investigate all questions of any kind that arise between the captain, the officers, and the sailors, and especially those relative to pay and to the fulfilment of reciprocal agreements.
The local authorities cannot interfere unless the disorders which occur on board the ships are of such a nature as to disturb peace and public order ashore or in the port, or when a person of the country or not belonging to the crew, is implicated in the disorders.
In all other cases the said authorities shall limit themselves to
assisting the Consuls, Vice-Consuls, and Consular Agents, when these ask them to do so, in causing the arrest of any persons inscribed on the roll of the crew, whenever this may for any reason be deemed expedient.
XVII. The Consuls-General, Consuls, Vice-Consuls, and Consular Agents may cause sailors and any other persons forming part of the crew of the merchant vessels and war ships of their nation who have deserted in the territory of the other State, to be arrested and sent back either on board or to their country.
For that purpose they shall address the competent local authorities in writing, and prove by exhibition of the registers of the ship or of the roll of the crew, or, if the ship has left, by an authentic copy of or extract from such documents, that the persons claimed really formed part of the crew.
On the presentation of such a demand, thus justified, the surrender of the deserter cannot be refused. Every aid and assistance shall, moreover, be afforded to the said Consular Agents for the discovery and apprehension of these deserters, who shall be placed and kept in the prisons of the country at the request and expense of the Consul or Vice-Consul until he shall find an opportunity of sending them back to their country.
Such arrest shall not last for more than 3 months, at the expiration of which, and with 3 days' previous notice to the Consul, the prisoner shall be set at liberty, and he cannot be imprisoned again for the same cause.
Nevertheless, if the deserter should have committed any offence ashore, the local authority may defer the surrender until the tribunal shall have passed sentence and it shall have been fully and completely executed.
The High Contracting Parties agree that the sailors and other persons of the crew, who are subjects of the country in which the desertion takes place, are excepted from the stipulations of the present Convention.
XVIII. Provided that there be no agreement to the contrary amongst the outfitters, charterers, freighters, and insurers, the damages suffered during the navigation of the ships of the two countries, whether they enter the respective ports voluntarily, or arrive under stress, shall be regulated by the Consuls-General, Consuls, or Vice-Consuls of the respective nation, unless subjects of the country in which the said Agents reside, or subjects of a third Power be interested in such damages, in which case, and in default of amicable arrangement amongst all the interested parties, the damages must be regulated by the local authority.
XIX. In case of the wreck or stranding of a ship belonging to the Government or to subjects of one of the High Contracting
Parties on the coasts of the other, the authorities must give information thereof to the Consul-General, Consul, Vice-Consul, or Consular Agent of the district, or, if there be none such, to the ConsulGeneral, Consul, Vice-Consul, or Consular Agent nearest the place of the accident.
All the operations relative to the salvage of Italian ships which have been wrecked or have stranded in the territorial waters of Guatemala, shall be directed by the Consuls-General, Consuls, ViceConsuls, or Consular Agents of Italy, and reciprocally all the operations relative to the salvage of Guatemalese ships which have been wrecked or have stranded in the territorial waters of Italy, shall be directed by the Consuls-General, Consuls, Vice-Consuls, or Consular Agents of Guatemala.
The intervention of the local authorities shall only take place in the two countries for the purpose of assisting the Consular Agents, maintaining order, safeguarding the interests of the salvors not belonging to the crew, and ensuring the execution of the regulations that are to be observed for the entry and issue of the merchandise saved.
In the absence and until the arrival of the Consuls-General, Consuls, Vice-Consuls, or Consular Agents, or of the persons delegated by them for the purpose, the local authorities are to do all that is necessary for the protection of the persons and the preserva
tion of the effects saved from the wreck.
The intervention of the local authorities in all these cases shall not give occasion for levying dues of any kind, excepting those to which the national vessels would be liable in similar cases, and excepting the repayment of the expenses caused by the salvage operations and by the preservation of the articles saved.
In case of doubt as to the nationality of the wrecked ships, the local authority shall be exclusively competent to carry out the provisions of the present Article.
The High Contracting Parties moreover agree that the merchandise and effects saved shall not be liable to any payment of Custom-House duty, unless they are admitted for internal consump
XX. It is likewise agreed that the Consuls-General, Consuls, Vice-Consuls, and Consular Agents, as well as the Consular Chancellors, Secretaries, pupils, or attachés, shall enjoy in the two countries all the exemptions, prerogatives, immunities, and privileges which now are, or which may hereafter be conceded to the Agents of the same grade belonging to the most favoured nation, provided that such concessions be reciprocal.
XXI. The present Convention shall remain in force for the space of 5 years, reckoning from the day of the exchange of the ratifica[1872-73. LXIII.]
tions; but if neither of the High Contracting Parties shall have officially announced to the other, one year before the expiration of the term, its intention to put an end to the effects thereof, the Convention shall continue in force until a year after the declaration shall have been made, at whatever time it may take place.
XXII. The stipulations contained in the preceding Articles shall be capable of execution in the two States immediately after the exchange of the ratifications.
XXIII. The present Convention shall be approved and ratified by the two High Contracting Parties, and the ratifications shall be exchanged at Guatemala within the term of 6 months, or before if possible.
In faith whereof the respective Plenipotentiaries have signed the present Convention, and have affixed their seal to it.
Done at Guatemala, in duplicate original, the 2nd day of January,
(L.S.) G. ANFORA.
PROTOCOL OF CONFERENCE between Great Britain and the Argentine Confederation, agreeing to refer to Arbitration the Claims of British Subjects for Losses sustained by the Decree of February 13, 1845.*—Buenos Ayres, July 15, 1864.
His Excellency Doctor Don Rufino de Elizalde, Minister Secretary of State for Foreign Affairs, and Mr. Edward Thornton, Her Britannic Majesty's Minister Plenipotentiary, having met at His Excellency's office for the purpose of arranging the mode of defining the claims presented to the Argentine Government, by that of Her Britannic Majesty, on account of the losses which subjects of Her Britannic Majesty may have suffered from the vessels and cargoes which touched at the port of Monte Video, having been refused admittance into the port of Buenos Ayres, in accordance with the Decree of February 13, 1845, claims to which the Argentine Government believe they are not bound to accede, have agreed
1. That the question, whether the Argentine Republic is obliged to pay those losses, shall be submitted to the decision of a friendly Government as arbiter.
2. That within the term of 6 months, counting from the day of the acceptance by the arbiter who may be requested to be pleased to take charge of the matter, all the necessary documents shall be presented to him, in order that he may pronounce his sentence.
* Page 264.
3. If it be declared that the right to claim exists, the claims shall be settled in accordance with the Conventions in force between the Agentine Republic and Great Britain, of the 21st of August, 1858,* and 18th of August, 1859.†
4. This arrangement shall be submitted for approval to the Argentine Congress and to Her Britannic Majesty's Government as soon as possible.
Buenos Ayres, July 15, 1864.
PROTOCOL OF CONFERENCE between Great Britain and the Argentine Confederation, relative to the Choice of an Arbitrator for the Settlement of Claims of British Subjects. -Buenos Ayres, January 18, 1865.
HIS Excellency Doctor Don Rufino de Elizalde, Minister Secretary of State for Foreign Affairs, and Mr. Edward Thornton, Her Britannic Majesty's Minister Plenipotentiary, having met at His Excellency's office for the purpose of choosing the Arbiter, to whom should be submitted the decision of the question mentioned in the Protocol of the 15th of July of the past year, 1864,‡ have agreed to choose His Excellency the President of the Republic of Chile; this agreement having to be submitted for approval to their respective Governments, in view of the Protocol; and they have signed it in proof of their conformity.
Buenos Ayres, January 18, 1865.
Buenos Ayres, January 18, 1865.
RUFINO DE ELIZALDE.
DECLARATION of the Free Hanseatic City of Bremen, respecting the Surrender of Seamen Deserters from British Vessels in Bremen Ports, on condition of Reciprocity.Bremen, September 24, 1852.
THE Senate of the Free Hanseatic City of Bremen, declares and testifies hereby
* Vol. XLVIII.
+ Page 1026.
+ Vol. XLVIII. Page 43.