Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1874-10-02

Tho consuls and vico- cOnsus shall have
power to require the assistance of the pub.
lie authorities of the country in which they
reside for the arrest, detention, and custO.
dy of dCserturs from the vessels vi war or
merchunt-vesscls of their nation; and
where the dpsCrters claimed shall belong
To a mCrchant-VeSscl, tho COnsulS or vice.
cOnsuls must address themselves To the
competent authority, and demand the de-
serterS in writing, proving by the Slips
roll or other public document that the IN
dividuals claimed are a part of the crew ui
the vessel from which ii il alleged that they
have deserted; but should the individuals
claimed form part Of the crew of vessel
OF war, the word of honor of n commits
ed officer attached to the said vessel shall
he sufficient to identify the dpSerlCrs aud
when the demand of tho 90 ,sulS or vicC-
cunSulS shall, in either case, he so proved,
TIE delivery of the dcsCrterS shall not I've
refused. The said disorders, when arrest
cd, shall he delivered Ia tho runSulS or vicc-
consuls, or, Mt the request of these, shall he
put In the public prisons, aud maintained
vt the expense of those who reclaim them,
To he delivered to the vessels to which they
belong or sent To- others Of the sumo nation;
but IL the said doscIcrS should not be ~
delivered or sent within the term of two
months, tO he cOuntch from the day OF their
arrest, they shall be set al liberty, and shall
not he again apprchcndcd for the same
cause. Tho high contracting parties agree
that ii shall not bo lawful for any public
or other person within their re-.
spcrlivo duminiuns To larhor or project
such do~CrlCrS.
ARTICLE %XXN.
For the purpose of more cilrctnally pro-
tccting their commerce and nav igatiun, the
two contracting parties do hereby agree Ia
form, as soon hereafter as may be mutually
"A consular ppnNpnIipn Whipl
shall declare specially the powers and I'M.
OF the cOnSlIlS and vice COnlul~ of
the respective parties.
ARTICLE XXNNI.
Until the conclusion OF Il consular con
vention, the high contracting parties agree
that in the absence of the legal heirs or
representatives the cunSuls or vice-cnnsuls
of either party shall he OK ollicO the exec
utors or administrators of the citizens of
their nation who may die within their con-
sular Jurisdictions, and of their country
men dying at sea whose property may he
brought within their district. The said
or vice cOnsuls shall call in Il JUS
tice of the peace or some other judicial au
thOrty TO assist in taking an inventory of
the effects and property left by the dcccaS-
cd, after which the said effects shall remain
in the hands of the said consus or vice
consuls, who shall be authorized to sell i'm
such of the effects or property
as may he of II perishHhle nature, and To
dispose OF the remainder according To the
instructions of their respective Govern
ments. And where the deceased has been
engaged in commerce or other business,
the consuls or vice-cUnsuls shall hold the
effects and property so remaining until the
Of twelve calendar months,
during which time the creditors, If any, ul
the deceased shall have the right to pre-
sent their claims and demands against the
said effects and property; and all ques-
tons arising out OF such claims or demands
shall be decided by the laws of the country
wherein the said citizens may have died.
1t IL understood, nevertheless, that If no
claim or demand shall have been made
against the effects and property of an indi-
vidual 80 deceased. the consuls or vice con-
suls, at the expiration of the twelve clleu-
dar months, may close the estate aud dis
pose OF the effects and property in Accord
ance with the Instructions from their own
ARTICLE XXXVU.
As consequence of the principles of.
equality herein established, in virtue of
which the citizens of each one of the high
parties enjoy in the territory ol
the other the same rights "A natives, and
receive from the respective Governments
the same protection in their persons and
property, ii Is declared that only in case
account of the fact that the claims prefer
red have not been promptly attended To 10y
the legal authorities, or that manifest in
justice has been done 10y such authorities,
and after all the legal means have been cx-
hausted, then alone shall diplomatic inter
vcntion take Place.
ARTICLE XXXVIII.
The United States of America and the
Republic Of Peru, desiring 10 make as dur
a Al "A TnSSilIa IN ral.,IinnS
between the two parties in ii the Of this
treaty of friendship commerce. and nHvi-
Cation, declare sulcmnly and agree aS fol
lows:
1st. The present treaty shall remain in
force for the term of ten years from the
day of the exchange Of the Publications.
thereof, and further until the end of one
year amer either of the high contracting
parties shall have gwen notice To the other
of its intention to terminate the same, each
Of them rcserVing to itself the right of Civ
ing such notice To the other at the end of
the said term of ten years. And ii Is here
by agreed between the parties that, on the
expiration of one year after such ~ tic
shall have been received by either of tlIru
from the other party, as aboNe mentioned,
this treaty shall altogether cease and term
mate.
I'd. II any citizen or citizens Of Ell
thcr party shall infringe any OF the articles
Oh TINS treaty, Sllcn tlllLhn or flllItilS SlIlll
he held personally responsible therefor,
and the harmony and good understanding
between the two nations shall no be- inter
ruplrd thereby, each party cn:a"iu. in 10
way la protect the offender or offenders, ar
To sanction such violation, under pain Of
itself liable for the consequences
thereof.
3D.. Shonld, unfortunately, any of the
provisions contained in the present treaty
he violated ar intrinGcd in any other man
Nor whatever, ii Is expressly stipulated
aud agreed that neither of the contract
ing parties shall order or authorize any act
of rCpriSalS, nor declare nor make war
against the other on complaint of Injuries
or damages resulting thcreirom, until the
party considering itself aggricvcd shall fist
have presented to the other n statement or
of such injuries or damages,
verified hy competent proofs, aud demand
ed redress and satisfaction. aud the same
shall have lcen either refused or uurcason-
ably delayed.
4ih. Nothing contained ia this treaty
shall, however, he construed to operate
contrary to former and existing public
treaties with other nations or sOvercigls.
The present treaty of friendship, COM
merco, and navigation shall he approved
and ratified by the President Of the United
States, by and with the advice and consent
OF the Senate thereof, and by the President
of the Republic of Peru, with the apprOla-
ton Of the Congress thereof, aud the ralif-
cations shall he exchanged at Washington
or Lima within eighteen months from the
date of the signilurc hereof, Oi sooner, il
possible.
In faith whereof we, tho Plonipotenlia-
ries of the United States of America and of
the Republic Of Peru, have signed and
sealed these presents.
Done at the city of Lima in duplicate.
English and Spanish, tins the sixth day Of
September, in the year Of our Lurd one
thousand eight hundred aud seventy.
[sEAL. ALVIN p. HOVEY.
[sEAL, JOSE j. LOAYZA,
And whereas the said treaty has been
duly ratified on both parts, ana the respec-
tive ratilicatinns of the same were rX