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recovered, either in the Consulate, or intrust the same to any merchant or person entirely Appendix No. 42. worthy of the trust.

These deposits must be made in either case with the assent of the local authority who may have been present at the previous operations, if, after the Convocation mentioned in the following paragraph, any subjects or citizen of the country, or any third Power, should appear as interested parties in the inheritance, either ab intestato or by will.

5. To advertise the death, and to convoke by means of the local newspapers, and of those of the country of the deceased, if necessary, any creditors that there may be of the inheritance, either ab intestato or by will, in order that they may exhibit the authentic documents proving their credits, within the period fixed by the laws of either of the two countries.

Should any creditors of the inheritance, either ab intestato or by will appear, the payment of their credits shall be effected within the term of 15 days after closing the inventory, should there be sufficient means for the purpose; if not, as soon as the necessary funds can be realized by the proper means; or, finally, within a period to be fixed by mutual agreement between the Consuls and the majority of the creditors.

Should the respective Consuls refuse to pay all or part of the credits, alleging the inadequacy of the inheritance to meet the same, the creditors shall have the right to petition the proper authority, should they think it expedient to their interests to do so, for permission to form themselves into a body of creditors, in order to establish their right of preference.

After this declaration shall have been obtained in the legal form adopted in either of the two countries the Consuls-General, Consuls, Vice-Consuls, or Consular Agents shall immediately forward to the judicial authority or to the fiscal assignees of the bankruptcy, as the case may be, all the documents, effects, and sums belonging to the inheritance, either by will or ab intestato, but to the said Agents shall be intrusted the duty of representing any of the absent heirs, the minors, and those unfit to act.

In any case the Consuls-General, Consuls, Vice-Consuls, or Consular Agents cannot deliver the inheritance or the proceeds thereof to the lawful heirs or to their attorneys, unless they shall have paid all the debts that the deceased may have contracted in the country.

6. To administer and liquidate either in person, or by means of some one appointed by them, under their own responsibility, the inheritance, either by will or ab intestato, without any interference of the local authority in these operations, unless any subject or citizen of the country or of any third Power should have to make good any rights to the inheritance; for, in this case, should any difficulties arise, especially with regard to any claims that should happen to be contested, as the Consuls-General, Consuls, Vice-Consuls, or Consular Agents have no right to settle and terminate these difficulties, the proper Courts of Justice of the country must take cognizance thereof, take steps with regard to the same, try them, and give a decision thereupon.

The said Consuls-General, Consuls, Vice-Consuls, or Consular Agents shall then act as the representatives of the inheritance, either by will or ab intestato, that is, they will keep the administration in their hands, and maintain the right of liquidating the said inheritance definitively, as well as that of effecting the sales of any property in the terms above specified; they will watch over the interests of the heirs; and they may appoint lawyers for the purpose of defending the rights of the heirs before the Courts of Justice.

It is understood that they shall furnish the Courts of Justice all the papers and documents that may be requisite for the purpose of elucidating the question submitted to their judgment.

When Judgment shall have been given, the Consuls-General, Consuls, Vice-Consuls or Consular Agents, should they not appeal therefrom, shall carry the same into execution, and shall then continue, de jure pleno, the liquidation which shall have been suspended until the termination of the suit.

7. To organize, if neceesary, the tutelage or guardianship in accordance with the laws of the respective countries.

Should the deceased have left a will without appointing an executor, or in case the executor appointed should decline this task, or should he be unknown, absent, or incapable of acting, the Consuls-General, Consuls, Vice-Consuls, and Consular Agents shall proceed, in addition to the acts above mentioned, to perform all such as would appertain to the executor.

On the contrary, should the executor appointed be known, present, and fit to act, and should he accept the charge, he shall make application for whatever may be necessary for the execution of the will before the Consular authority.

With respect to affixing the seals, the Consul-General, Consul, Vice-Consul, or

Peru and Portugal.

Peru and Portugal.

Appendix No. 42. Consular Agent, may perform that formality upon the death of any of his countrymen, even in case none of the heirs should be unknown, absent, a minor, or unfit to act. In this case, should the inheritance be actively and passively represented by the interested parties present, capable of defending their rights and of replying to the actions of any third parties, the Consul-General, Consul, Vice-Consul, or Consular Agent shall confine himself to draw up a summary list of all the effects and property of the inheritance, and deliver everything to the parties interested.

But should any of the legatees holding a special title be absent or incapable, the Consular functionary may, on behalf of the latter, apply for the inventory to be made, and also discharge the functions appertaining to the executors according to the laws of the Consul's country, should the deceased have appointed an executor, and should the latter decline the duty, or be unknown, absent, or incapable.

ARTICLE XV.

Upon the death of a Portuguese in Peru, or of a Peruvian in Portugal, or in its Possessions, in a place where there is no Consular Agent of his country, the proper local authority shall proceed, according to the legislation of the country, to draw up an inventory of the effects, and to liquidate the property which he may have left, and it shall be bound to render an account within the shortest period possible of the result of these operations to the respective Legation, or to the Consulate or Vice-Consulate which may be nearest to the place where the inheritance, either ab intestato or by will, shall take place. But as soon as the Consular functionary who may be nearest to the place where the inheritance shall take place shall either appear in person or send his representative, the local authority that shall have interfered must then act in conformity to what is laid down in the 14th Article of this Convention.

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ARTICLE XVI.

The Consul-General, Consuls, Vice-Consuls, or Consular Agents of the two countries shall exclusively take cognizance of the acts of the inventory, and of other operations made for the preservation of the hereditary property left by sailors and passengers of their nation, who may die on board the vessels of their nation, or on shore, either during the voyage or in the port of arrival.

ARTICLE XVII.

The Consuls-General, Consuls, Vice-Consuls, and Consular Agents may either go in person or send their delegates on board the vessels of their nation, after they shall have been admitted to free pratique, question the captains and crews, examine the ships papers, receive any declarations as to the voyage, ports to which the ships are bound, and other incidents of the voyage, certify to the manifestoes, and facilitate the clearance of their ships, and finally accompany them before the Courts of Justice and administrative departments of the country, to act as interpreters and agents in the affairs which they may have to treat, and in the petitions which they may have to make. It is understood that judicial functionaries, and the Customs Officers and Agents cannot in any case proceed to visit or search vessels, unless they shall have previously and in due time requested the presence of the Consul or Vice-Consul of the nation to which the vessels belong.

They shall also give due and proper notice to the said Consular Agents in order that they may be present at the declarations which the captains and crews may have to make before the Courts of Justice and local Administrative Offices, so as to prevent any error or misinterpretation that may be detrimental to the exact administration of justice.

The notice which is to be addressed to the Consuls for the purpose shall fix the exact hour; and should the latter not appear in person, or send their representatives or delegates, the proceedings shall be carried on in their absence.

It is, however, understood that the provisions of this Article do not refer to visits or any other ordinary measures applicable to all ships, in accordance with the Police, Health, and Customs Regulations, and that the presence of the Consular functionaries shall only be required in the event of judicial or administrative proceedings.

ARTICLE XVIII.

In everything concerning the police regulations of the ports, the loading and unloading of ships, and the safety of merchandize, goods and effects, due observance shall be paid to the laws, decrees, and regulations of the country.

Peru and Portugal.

The Consuls-General, Consuls, Vice-Consuls or Consular Agents shall exclusively be Appendix No. 42. charged with the duty of maintaining order on board the merchant ships of their nation, and of settling the disputes of any kind that may arrise among the captain, officers of the ship and crew, especially all such as may relate to their wages and to the execution of contrasts entered into between them.

The local authorities can only interfere in case any atrocious crime should be committed, or in case the disturbances on board the ships should be of such a nature as to disturb the public tranquillity and order, either on shore or in port, or in case any individual of the country or not belonging to the crew should be involved in the said disturbances.

In all other cases, the said authorities shall confine themselves to affording effectual assistance to the Consuls-General, Consuls, Vice-Consuls, or Consular Agents, when applied for in order to arrest and to convey to gaol any of the crew, whenever the said functionaries shall on just ground think it expedient.

ARTICLE XIX.

Whenever there shall be no stipulations to the contrary between the proprietors, owners, or shippers, and the underwriters of the vessels of either of the two counties sailing to the ports of the other, either of their own accord or by forced entry, the respective average shall be regulated by the Consul-General, Consuls, Vice-Consuls or Consular Agents of their nation.

Should, however, the subjects or citizens of the country where the said Agents reside, or of any third Power, be interested in the average, it shall be regulated by the proper local authority, unless there should be an amicable agreement between the parties interested.

ARTICLE XX.

Whenever a ship belonging to the Government or to the subjects or citizens of the Two High Contracting Parties shall be wrecked, or go ashore on the coast of the other, the local authorities shall immediately communicate the fact to the Consul-General, Consul, Vice-Consul or Consular Agent of the district, and in his absence to the Consular functionary who may be nearest to the spot where the accident shall have taken place.

All the operations relative to the salvage of Portuguese ships which may be wrecked, or go ashore in the territorial waters of Peru shall be directed by the Consuls-General, Consuls, Vice-Consuls, or Consular Agents of Portugal, and, vice versa, all the operations. relative to the salvage of Peruvian vessels which may be wrecked, or go ashore in the territorial waters of Portugal, or in the Portuguese possessions, shall be directed by the Consuls-General, Consuls, Vice-Consular Agents of Peru.

The interference of the local authorities shall only take place in the two countries in order to render to the Consular Agents the assistance which they may stand in need of, to maintain order, and to guarantee the interests of the underwriters not forming part of the crew, and to ensure the execution of the laws that are to be observed with respect to the entry and clearance of merchandize saved.

In the absence, and until the arrival of the Consuls-General, Consuls, Vice-Consuls or Consular Agents, or of their delegates, the local authorities shall adopt all the necessary measures for the protection of individuals and for the preservation of any articles saved from the wreck.

The interference of the local authorities in these different cases shall not occasion any expenses, except such as may be necessary for the operations of salvage, and for the preservation of the articles saved, and also the incidental expenses to which native vessels are liable in similar cases.

In the event of doubt as to the nationality of a wreck, the provisions mentioned in this Article shall be exclusively carried out by the local authority.

The High Contracting Parties moreover agree that merchandize saved shall not be liable to any Customs duty, unless intended for consumption in the country.

ARTICLE XXI.

The Treaty, concluded on the 26th of March, 1853, between both countries, remains in force, in so far as it is not altered by this Convention.

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Appendix No. 42.

Peru

and Portugal.

ARTICLE XXII.

The present Convention shall come into operation sixty days after the exchange of the ratifications, and it shall remain in force until either of the High Contracting Parties shall denounce to the other its intention of causing its effects to cease, in which case it will continue in force for another year, reckoning from the date of the denunciation.

ARTICLE XXIII.

The present Convention shall be ratified, and the ratifications exchanged as soon as possible.

In witness whereof the respective Plenipotentiaries have signed the same, and affixed thereto the seals of their arms.

Done in Lisbon, in duplicate, February 24, 1872.

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Separate and Additional Article to the Consular Convention between Portugal and Peru,

of February 24, 1872.

HIS Majesty the King of Portugal and of the Algarves, and His Excellency the President of the Republic of Peru, being animated with the desire of conciliating individual liberty as far as regards the hiring of one's services referred to in the 1st Article of the Consular Convention signed this day, with the measures which civilized States have adopted in the interests of justice, humanity, and civilization for the due regulation of emigration; and considering that experience has shown that in order to ensure the efficacy of these measures, it is expedient that they should be embodied both in the legislation of those countries where emigrants make their contracts or embark, and also in that of those countries to which they proceed, have agreed as follows:

1. That no individual, company, or agency shall make contracts for the hiring of the service or for the conveyance of emigrants, unless they shall have previously obtained permission from the local Government, and shall offer sufficient guarantee that they will be responsible for the faithful compliance with the obligations they may have contracted.

2. That no contract for the hiring of service made in either of the two countries for the purpose of being carried into execution in the other shall be considered valid unless it shall be expressly stipulated that the contracting emigrant shall have the right of recision at any time by means of a previous compensation of what he owes, and on giving notice to the party or company to which he may have engaged his services, at least six months beforehand, reckoning from the day when the emigrant shall offer sufficient guarantees of his being able to pay the said compensation.

3. That all difficulties and disputes concerning the execution of contracts for hiring services shall always be decided by arbiters, whenever this form of judgment is preferred by the parties, who may name and appoint the same in their contracts from the beginning, or else reserve the faculty of naming and appointing the same at the proper time.

4. That the captains of vessels intended for the conveyance of emigrants from one country to another shall comply with the sanitary conditions laid down in the respective regulations, according to the strict hygienic rules concerning the space which they ought to occupy-the berths, the clothing, the quantity and quality of the food, the medicines, and the treatment of the sick.

5. That the respective Diplomatic and Consular Agents shall be accorded every facility, in order to control the compliance with the laws and regulations concerning the drawing up of the contracts for hiring services, the conveyance and shipment of emigrants, and the faithful execution of the said contracts in the country to which the emigrants are bound; and also in the event of any infraction, in order to protect the contracting emigrants in the territory of the State which those agents represent.

6. That the Diplomatic and Consular Agents of either of the High Contracting Parties may protect, according to the terms of this additional Article, any emigrants that may have entered within their territory and under the authority of their laws into

any contracts for hiring out their services, which contracts are to be carried out in the Appendix No. 42. territory of the other, unless those emigrants should be foreigners, and should be represented by the Diplomatic or Consular Agents of their own nation.

This additional and separate Article shall have the same force and validity as if it had been inserted in the Consular Convention signed this day.

In witness whereof the respective Plenipotentiaries have signed the same, and stamped it with the seal of their arms.

Done at Lisbon, in duplicate, February 24, 1872.

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Peru

and Portugal.

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