The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1858-09-16

tached to their mission, shall enjoy. in the two
countries, the privileges generally allowed to thelI
soldiers and that from all direct contributions as
we'll personal as on moveables, or sumptuary, un-
less always they be subjects of the country, OF
that they become either Proprietors or possessors
of real estate, or, finally, that they engage in trade
or commerce, whereby they will be subjected to
the same taxes, charges, or imposts, as other pri-
vate individuals. These agents shall enjoy, be-
4 aides, all the other privileges. exemptions and i'm.
munities which may be granted in the places OF
their residence to the agents OF the same rank OF
the most favored nation.
Neither consuls, vice-c0nsuls, nor their 'eleve6, =
chancellors or secretaries, provided they are not
engaged in business Of any sort, but exclusively
~coDine themselves 10 the ful6lment of their public
duties, shall be subjected to appear as witnesses
before the tribunals. When the justice of the
country shall nave need 10 take any judicial de-
c~laration, on their part, it ought TO require it of
| them in writing, or to proceed to their domicile to
receive it cir0 rocc.
In case of the death, indisposition or absence
Of the consuls or vice-consuls, the chaucellors or
secretaries shall enjoy the perfect right of being
admitted to manage, al interim, the affairs OF the
| consular establishment, without hindrance or OBJ
atacle on the part of the local authorities, which,
on the contrary, shall give them, in that case, ev-
cry aid and assistance: and they shall enjoy, du-
ring the period of their provisional management,
all the rights, privileges and im'nunities stipulated.
in the present convention. in favor Of consuIs and
vicc-consuls
10 secure the execution Of the para graph
which precedes, it 10 agreed that the chiefs of the
consular Offices, on their arrival in the country OF
their residence, shall send to the Government q
mission, and if any change should therein after
wards be made, they shall in like manner give no.
tice OF the same.
ARTICLE XVIII.
The archives and, in general, all the papers Of
the Offices of the chancellors of the respective con-
orInfoa ohat ho tputolahlo and randor M s,rotaYt
nor in any case whatever, shall they be seized or
examined by the local authorities.
ARTICLE XIX.
The respective consuls shall be free TO establish
consular agents or vice-consuls in the different
towns, ports and places within their consular juris-
diction. where the good of the service confided to
them shall require It; 1t being well understood
that they shall first obtain the approval and the
~erequatur of the territorial government.
These agents may be Unfortunately chosen
from among the subjects of the two countries, as
well as from among foreigners, and shall be fur
nished with q commission delivered by the consul
who shall have named them and under whose or
ders they may be placed. They shall enjoy, be-
ted for by the XViIth Article of the present con-
vention, subject TO the exceptions mentioned in
the first paragraph of the said article.
ARTICLE Xxx.
The respective consuls, on the death of their
fellow countrymen deceased without having made
wis, or designated any testamentary executors,
shall have power:
/. To afix seals, whether officially or at the re-
quest of the parties interested, upon the movable
effects and the papers of tine deceased, giving, be-
f%orehaDd, notice of that operation to the conpe-
tent local authorities, who may thereat attend, and
who, also, If they think proper, may cross, with
their seals, those which shall have been affixed by
the consuis, ard then those double seals shall not
be removed except in coHcert.
2. Also to draw up, in the presence Of the compe-
eorf ,rs ~ IS kha ,n,, nN IS <kax, tl.rty - -
be their duty to present themselves on the spot,
the inventory of the estate.
8. To cause proceedings to take place, accord
ing to the usages of the country for the sale of the
movable goods belonging to the estate; in fine, to
or liquidate, personally or to name,
under their responsibility, an agent to administer
and ~liquidate the said estate, without any inter-
ference by the local authorities, in these new oper-
atoms.
But the said Consuls shall be bound to cause to
be announced the death of the deceased, in one Of
the gazettes which may be published within the
compass OF their jurisdiction and they shall not !
have power to make a delivery Of the estate, or of
it's proceeds, to the lawful heirs. or to their man.
except after having paid all the debts
the deceased may have contracted in the
or until one year shall have transplred
from the date OF tho death, without any reclama-
having boon presented against the estate.
ARTICLE XXI.
In everything that concerns tho police Of the
~ lduliR II 0lsCudISlURO " VESSELS, the
safety of merchandise, property and goods, tie sub
OF the two countries shall he respectively SUBJ
.et to tho laws and statutes of the territory. New
the respective consuls shall be exclusive
y charged with the internal order on board Of the
merchant vessels of their nation, and shall alone
cognizance of all the crimes, misdemeanors
Ind other matters of difference, in relation to said
Internal order, which may supervene between the
master, the officers, and the crew, provided the con-
ending parties be exclusively French Or Hawaiian
and the local authorities shall not be al
owed therein to interfere, unless by the approval
II consent OF the coisuls, or In cases where the
public pence snd tranquility are disturbed and en-.
|
ARTICLE XXI.
Tho respective consuis shall have power to cause
o be arrested and returned, whether ON board or to
heir own country, sailors and all other persons reg
llarly forming part Of the crews Of the vessels of
heir respective nations, bearing any other title
han that of passengers. who shall have deserted
the said vessels. For this purpose they shall
ppiy, in writing, to the competent local authors
and they shall prove by the exhibition Of the
sgister OF the vessel, or of the roll Of the crew, or, if
be vessel shall have departed, by copy of the said
ocument. duly certified by them, that the men
Thom they reclaim made part Of the said crew. :
Vhen this application is so justified, the return is
OF to be refused. Besides, every aid and assist !
nee shall be given to thom for the search, seizure :
nd arrest OF the said desertcrs, who shall even be .
etaincd and guarded in tho prisons of the coun- q
", on the request and at the expense of the con- .
and till those agents shall find an opportuni- .
? to send them away. II, however, such an Z
pportunity should not present itself within the
eriod OF three months, counting from the day of y
rrest, the deserters shall he placed ut liberty, and
nall not be again arrested for the same cause. =
1t is, moreover, formally agreed that every other .
or facility tending to repress descrtion :
'hlch one OF the two contracting parties may have !.
ranted, or may hereafter grant, TO another State, u
nall be considered as equally acquired. in full :,
ght. by the other contracting party, in the same !,
amer as it that concession or facility bad been u
Ipressly stipulated in the present treaty. :,