Polynesian. [volume] (Honolulu [Oahu], Hawaii) 1844-1864, 1858-09-11


have power to make delivery of the estate, or of
its proceeds, To the lawful heirs. to their man
,tories, except after having paid all the debts
| which the deceased may have contracted In the
country, or until one year shall have transplred
from the date of the death, without any reclaua-
ton having been presented against the estate.
ARTICLE XXI.
In everything that the police Of th
port the ladng and discharging Of vessels. TIL"
safety of merchandise, property and go"ds tie sub
jects of the countries shall be respectively sub
lrct to the laws and statutes of the rrirnry Nv
ertheless the respective cunsuls shall be exclusive
ly charged with the internal order board of the
merchant vessels of their nation, and shall alone
take cugnizlnce of ali the Crimes miSdemeanurs
and other matters of difference, in relation t. said
internal order, which may supervene between the
master, the officers, and the crew, provided the con
tending parties be exclusively French Ii Iwaian
subjects. and the loc, authorities shall not b., al
Lived therein tu interfere, unless by the approval
or consent of the cOnsuls, ur in where the
public peace and tranquility are disturbed and en-
dangered.
ARTICLE XXI.
The respective consuls all have power to Gauss.
to be arrested and returned, whether hoard to
their own country, sailors and all other persons reg
ularly forming part Of the of the vessels of
their respective narIOns, hearing any other title
than that Of passengers, who shall have deserted
from the SAID vessels. For this purpose they shall
apply, in writing, to the competent local authUri-
ties, and they shall prove ly the exhibition Of the
register of the vessel uf the roll Of the crew. or
the vessel shall have DEPARTED 10y copy of the said
document, duly certified by them, That the mn
whom they reclaim made part OF the said crew.
W hen this application Is So justified, the return Is
not 10 he refused. Besides, every and and assist
ance shall be given to them for the scLrc 'izurr
and arrest ui the said desrrterS, who shall even be
detained and guarded in the prisons of tI cnun-
try, on the request and at the expense of the
suls, and till tnuse agents shall find OpI"rtuui-
ty 10 send them away. Ii, however, such
opportunity should not present itself within the
period "t three months, counting lr"m the day of
arrest, the dcsertrrs shall he placed 1T liberty, and
shall not he again arrested for the same chu>e.
1t is, narrower formally ngrerd that every other
cuncrssIun facility tending t. r'prrSs ii SrrtOu
which one vi the twu contracting parties may have
granted. ur may hereafter grant, To anuther State,
shall be considered equally acquired, III full
right, by the uter contracting party, in the
mannrr AS If that nc 'Sson or larlity had been
exI xI.ressly stipulated in the present treaty
ARTICLE XXIII.
In all cases where there shall no Objection by
any OI the owners, ircighters, insurers, or their
respective agents. either IN the port of departure
ol arrival, tile III mu LIS which the vrssrls ur tue
two countries may have experienced ut sea, while
on their voyage to tine respective prts, the repairs
Uf sucI inIrIes shall be- regulated by the cunsulS
vi their respective ndtIuns.
ARTICLE XIV.
All the operations relative tu the salvage OF
French Vessels shipwrecked or stranded upon Ghe
cuasts of the Hawaiian Islands, shall be directed
by the cunSuls OF France, and, reciprucdliN, the
Hawaiian cOnsus shall direct the operations reli-
tive To the salvage OF the vessels =" t.ir nation
shipwrecked or stranded on the coasts of France.
Inc local authorities shall only r., in the
two countries. 10 preServ order, To secure the III
terests nl the saiyuIs, ii Ihy do mot lelmg I" ttr
shIrwrrck crew, and Iu carry into cfct the u
uldtInIrs he observed Tor the entry anu the
purtItun Of the merriianuiSe Saved La tlr all
ul, aId until the arrival of the consul ur Vice
consul, the ncdl authuri les shall. murruyer, take
ali necessary lnr the lrntrrIinn 81 iudI
,iduls, ahd tiIe Preservation Ui gUls rllfwre' kr'i.
Ihe g.,uds s.,vrd sail bn su jecl"d to any
custom n"usU dulles, uni IS they TIE entered lur III
Ierhal consumption
Inr charges iur salvage and other necessary eX-
pesrs, ia Ine countIi.s, shall not br ti,r
nlSn"r than those which may he laId in like cUses
10y ndtlIiItl Vessels
ARTICLE XIV.
IL is formally agreed b tween the two contracting
PARTIES, that sides. the preceding sill uIatiuIs
the diplomatic and consular agents the subjects I'll
every class, the ships, the cnrgUcs and tie mer-
cll,dlse al either al tie States. shall cnjny III
iuI right IN the other, the franchises, priv ilrge>
and Immuuities of every kind, granted to- or which
may he hereafter granted III favor OF the mast
favored Hatiun, and tli> gratuit'.usly, it the cun-
c,ssiun b. gratuituus, with tie cOmpensa-
tim, If the cnIces>i"n b. conditional.
1t is 81 rcIHlly stiI ulAte that th lstal arrange
ments concluded. IN innuluIu, the 24Lh al Ne
yrmiIcr. 1853 aid wnich regulate tie rxclange
ui cUrresl lnndect hrtwr the Society Islands anu
the Hawaiian arclii elaSu and reel Irucilly, s. all
he maintained, and that the Two contracting par
ties reserve to themselves only the right u mudit v
ing the details thereof. III the IrOl"rtiun
measure that helcaIt.r necrs ssIty may point out.
ARTICLE XXVI.
The lrrsent Treaty. shall b. for ten years
cuumtin- from the day ol the 'xclangr ol The raii
ticaluns, and 1T, year before Ihe * irati"m
uf ths term, neIllI Ihc nor the OH. nf the
twu contlau ting pirIts aTuuuGce by official
declaration It's Intention that II shall to
fret the said treaty II rcui"In sill obligatory
durtn. one ear. and Unn ards Until The rxpIra-
tIun al the Give munlhs winch shall follow thu
utfcIuI drcla question, at whatever lime
II may be made.
II Is well understand that IN case this dcclara
IInm come Ia be- hIiic by one or ether OF The cor
Iraclin" .riIrS. IN provisions ~ The trtat,, la
1--WE trade AMI HhvInatiOn, aud COniHIhet IN the
ariicl-s {, 9, 10. Ii, II, lj, ii and "a, shall be
aiunr Considered h .vIu- c'asrd aud 'xprrd.
but that, in regard Ia The Oiitrr articles, the sad
treaty shall remain, nevertheless p"rF' tualy OBJ
rian;ury, and camnut be- m"difi. d rxc'Ig by a l.
tual agreement between the Two contracting par
ties.
ARTICLE XXVll.
Tin. present treaty >haIl be rallfi' d. and The
rutIfica exchanged, al liuuoiu II. wlIhIn TIN
trrm uf ten months sunner. If puSsIbl,, and IL
shall not 90 into IF CT until after Twelve munlh>
from the dat, ot SAID 'XchaHgc.
La faith oi wliirh the before named PiPmp len
tiarIes W. sIgI. Iit saIn, auG have affixed their