The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1880-06-30
Hawaiian GazetteSupp|ement June 80, 1880.

and immunities, which have been granted or
in future may be granted to the agents of the
same rank of the most favored nation. Con-
sular officers not icing citizens of the country
where they are accredited shall enjoy in the
country of their residence personal immunity
! from arrest or imprisonment, except in the
case of crimes, exemption from military billet
ings and contributions, from military service
of every sort and other public duties, and
from all direct or personal or sumptuary taxes,
duties or contributions. If, however, the said
Consular officers are or become owners of real
estate in the country, in which they reside, or
engage in commerce, they shall be subject to
the same taxes and imposts and to the same
jurisdiction as citizens Of the country, owners
of real estate and merchants. Bnt under no
circumstances shall their official income be
subject to any tax. Consular officers, who
engage i'll business or commerce, shall not
plead their consular privileges to avoid CON-
mercial or other liabilities Consular officers
OF either character shall not in any event be
interfered with in the exercise of their official
functions further than is Indispensable for the
administration of the laws of the country.
ARTICLE XIII.
Consuls- General, Consuls, Vice Consuls and
Consular Agents may place over the outer
door of their Offices or of their dwellings the
arms of their nation with the proper inscrip
ton Indicative of the office. And they may
also hoist the flag oil their country ON the con-
sular edifce, except in places, where Lega-
ton of their country is established. They may
also hoist their flag on board any vessel en-
ployed by them in port exclusively for consul
lar purposes.
ARTICLE XIV.
The consular archives shall be at all times
inviolable, and under no pretence whatever
shall the local authorities be allowed TO ex-
anime or seize the papers forming part of
them. When, however, Consular officer is
engaged in other business, the papers relat-
ing to the Consulate shall be kept in separ-
ate enclosure, apart from his private papers.
ARTICLE XIV.
In the event Of the death, prevention or alb
sence of Consuls-G General, Consuls, Vice Con-
suls and Consular Agents, their Chancelors
or Secretaries, whose official character may
have previously been made known to the
respective authorities in Germany or in the
Hawaiian Islands, may temporarily exercise
their functions, and while thus acting they
shall enjoy all the rights, prerogatives and
immunities granted by this convention to their
incumbents.
ARTICLE XVI.
Consuls- General and Consuls may with the ap-
probation of their respective Governments appoint
Acting Consuls their substitutes In case of hnd
erance or temporary absence and Consular Agents
in the cities, ports and places within their uris-
diction. Such Acting Ccnsuls or Consular Agents
shall be furnished with commission by the Con-
sui who appoints them, or by his Government.
Any substitute thus appointed shall enjoy consul
lar privileges according to articles NJ and XII,
while Consular Agents are to be treated as subor-
dinates of the Consul under whose responsibility
they act.
ARTICLE XVII.
! Consuls- General, Consuls, Vice Consuls and
Consular Agents shall have the right to apply to
the authorities of the respective countries, judicial
or executive within the extent of their consular
district for the redress of any infraction of the
treaties and conventions existing between the two
countries, of international law to ask inform
alton of said authorities and to address the same
to the end of protecting the rights and interests of
their countrymen, especially In cases of the alb
of the latter of any legal representative of
the same, in which cases such Consuls, etc. shall
| be presumed to be their legal representatives.
If due notice should not be taken of such ap-
plication the Consular officers aforesaid, in the
absence of a Diplomatic Agent of their country,
may apply directly to the Government of the
country where they reside.
ARTICLE XVIII.
| Consuls- General, Consuls. Vice Consuls and
Consular Agents of the two countries or their
Chancellors shall have the right conformably to
the laws and regulations of the country:
/. 70 take at their office or dwelling, at the resi-
dence of the parties, Or ON board of vessels of
their own nation, the dispositions OF the cap
tains and crews, OF passengers on board, of
merchants or any other citizens of their coun-
try;
9. To receive and verify uniateral acts Wills
and requests of their countrymen, and any
and all act of agreement entered upon be-
tween citizens of their own country and be-
tween such citizens and the citizens or other
inhabitants of the country where they reside;
and also all contracts between the latter pro-
| vided such contracts relate to property stu
ated IN, or to business to be transacted in the
of ia Consular
officers represent. But nothing In this article
shall interfere with the regulations of the
Hawaiian Islands regarding labor contracts.
All such acts of agreement and other lnstru-
ments and also copies and transations thereof,
when duly authenticated by such Consul-General,
! Consul, Vice Consul or Consular Agent under his
official seal, shall be received by the public Off
cials and in courts of justice legal documents
authenticated copies, as the case may be, and
shall have the same force and effect as if drawn
up authenticated by competent officers of one
or the other of the two countries.
ARTICLE XIX.
In case of the death of any citizen of Germany
in the Hawaiian Islands of any citizens of the
! Hawaiian Islands in the German Empire, without
having in the country of his or her decease any
known heirs or testamentary executors by him or
her appointed, the competent local authorities
shall at once inform the nearest Consular officer
OF the nation, to which the deceased belonged, OF
the circumstances, in order that the necessary
| information may be Immediately forwarded to
parties interested
The said Consular officer shall have the right to
appear personally or by delegate in all proceedings
on behalf of the absent heirs or creditors until
they duly represented. He may also when he
deems it expedient, personally administer upon
estate of the deceased for the benefit of his or her
lawful heirs and creditors in accordance with the
laws of the country, where the death has taken
place. To that end he shall apply to the compe-
tent court for authority, and in the absence of
reasonable objection such authority shall be grant
ed In all concessions to inheritances citizens of
each of the Contracting Parties shall pay in the
country of the other such duties only as they
would be liable to pay if they were citizens of the
country, in which the property is situated or the
Judicial administration of the same may be exer-
cised.
ARTICLE Xxx.
Consuls- General, Consuls, Vice Consuls and
Consular Agents of the two countries are exclu-
sively charged with the inventorying and the safe
keeping of goods and effects of every kind left by
the sailors ON ships of their nation who died on
board ship or ON land during the voyage or in the
port of destination, or by passengers while attach
ed to the ship.
ARTICIE XXI.
Consuls-General, Consuls, Vice Consuls and
Consular Agents shall be at liberty to 60 either m
or by proxy board vessels of their nation
admitted TO entry and to examine the officers and
crews, to examine the ships papers, to receive
declarations concerning their voyage, their desti
nation and the incidents of the VOYAGE also to