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Appendix No. 106.

Netherlands.

ARTICLE XII.

The Consuls-General, Consuls, and Vice-Consuls of one of the two Contracting Parties shall, in the colonies and foreign possessions of the other, have the right, so far as may be there permitted to the Consuls-General, Consuls, and Vice-Consuls of the most favoured nation, and as far as the laws of their own country may permit them, to act as judges and arbitrators in differences which may arise between the captains and the crews of vessels of their own country, without the intervention of the local authorities, unless the conduct of the crew or of the captain should be such as to disturb the order and tranquility of the place, or unless the Consuls-General, Consuls, and Vice-Consuls should require the assistance of the said authorities, in order to carry their decisions into execution, or to maintain the authority thereof.

It is, however, understood that any such special decision or arbitration shall not preclude the litigating parties from the right of appealing, on their return, to the judicial authorities of their own country.

ARTICLE XIII.

The Consuls-General, Consuls, and Vice-Consuls of one of the two Contracting Parties in the colonies or possessions of the other, shall enjoy the same privileges which are or may be there granted to agents of the same character belonging to the most favoured nation; and specially they shall, unless subjects of the country, be exempt from all military service and from military requisitions, as well as from the pecuniary compositions in lieu of military service.

Exemption from taxation shall, however, not be claimed for any such Consul-General, Consul, or Vice-Consul who may be a subject of the country, or engaged in any profession, occupation, or business besides his Consular duties; nor unless a corresponding exemption be enjoyed by Consular Agents of that country of the same description in the colonies and foreign possessions of the other.

Appendix No. 107.

Nicaragua.

NICARAGUA.-February 11, 1860.

ARTICLE XI.

If any ship of war or merchant vessel of either of the High Contracting Parties should be wrecked on the coast of the other, such ship or vessel or any parts thereof and all furniture and appurtenances belonging thereunto, and all goods and merchandize which shall be saved therefrom, or the produce thereof, if sold, shall be faithfully restored to the owners, upon being claimed by them or by their duly authorized agents; and if there are no such owners or agents on the spot, then the said ships or parts of ships, furniture, appurtenances, goods, and merchandize, or the proceeds thereof, if sold, as well as all the papers found on board such wrecked ship or vessel, shall be delivered to the British Consul or Vice-Consul, or to the Consul or Vice-Consul of the Republic of Nicaragua, in whose district the wreck may have taken place, upon being claimed by him, and on his giving a receipt or acknowledgment for the same, and upon payment by such Consul, ViceConsul, owners, or agents of only the expenses incurred in the preservation of the property, and of the salvage or other expenses which would have been payable in the like case of a wreck of a national vessel. The charge for such salvage or other expenses shall be made and settled immediately, subject to such right of appeal on the part of the person paying the same as may exist in the respective countries. The goods and merchandize saved from the wreck shall not be subject to duties, unless cleared for consumption; in which case they shall be liable only to the same duties as if they had been imported in a national vessel.

ARTICLE XIV.

In the event of any subject or citizen of either of the two Contracting Parties dying without will or testament in the dominions or territories of the other Contracting Party, or in the absence of lawful heirs or representatives, the Consul-General, Consul, or Acting Consul of the nation to which the deceased may belong, shall, so far as the laws of each country will permit, have the right, after a duly made and attested inventory has been signed by him, to take possession and charge ef the property which the deceased may

have left for the benefit of his lawful heirs and creditors, giving immediate notice of Appendix No. 107 the death to the authorities of the country.

ARTICLE XVI.

It is further agreed that if any of the crew of any merchant vessel of either Contracting Party shall desert from such vessel within any port in the territory of the other Party, the authorities of such port and territory shall be bound to give every assistance in their power for the apprehension of such deserters on application to that effect being made by the Consul of the Party concerned, or by the deputy or representative of the Consul; and any person knowingly protecting or harbouring such deserters shall be liable to punishment.

It shall be free for each of the two Contracting Parties to appoint Consuls for the -protection of trade, to reside in the dominions and territories of the other Party; but before any Consul shall act as such, he shall, in the usual form, be approved and admitted by the Government to which he is sent; and either of the Contracting Parties may except from the residence of Consuls such particular places as either of them may judge fit to be exepted.

The Diplomatic Agents and Consuls of each of the two High Contracting Parties in the dominions or territories of the other shall enjoy whatever privileges, exemptions, and immunities are or shall be granted there to Agents of the same rank belonging to the most favoured nation.

Nicaragua.

PERSIA. October 28, 1841.

ARTICLE II.

As it is necessary, for the purpose of attending to the affairs of the merchants of the two Parties respectively, that from both Governments Commercial Agents should be appointed to reside in stated places; it is, therefore, arranged that two Commercial Agents on the part of the British Government shall reside, one in the capital, and one in Tabreez, and in those places only, and on this condition, that he who shall reside at Tabreez, and he alone, shall be honoured with the privileges of Consul-General; and as for a series of years a Resident of the British Government has resided at Bushire, the Persian Government grants permission that the said Resident shall reside there as hereto fore. And in like manner, two Commercial Agents shall reside on the part of the Persian Government, one in the capital, London, and one in the port of Bombay, and shall enjoy the same rank and privileges which the Commercial Agents of the British. Government shall enjoy in Persia.

PERSIA.-March 4, 1857.

ARTICLE IX.

The High Contracting Parties engage that, in the establishment and recognition of Consuls-General, Consuls, Vice-Consuls, and Consular Agents, each shall be placed in the dominions of the other, on the footing of the most favoured nation; and that the treatment of their respective subjects, and their trade, shall also, in every respects be placed on the footing of the treatment of the subjects and commerce of the most favoured nation.

ARTICLE XII.

Saving the provisions in the latter part of the preceding Article, the British Government will renounce the right of protecting hereafter any Persian subject not actually in the employment of the British Mission, or of British Consuls-General, Consuls, Vice-Consuls, or Consular Agents, provided that no such right is accorded to, or exercised by, any other foreign Powers; but in this, as in all other respects, the British

Appendix No. 108.

Persia.

Appendix No.109.

Persia.

Persia.

Appendix No. 109. Government requires, and the Persian Government engages, that the same privileges and immunities shall in Persia be conferred upon, and shall be enjoyed by, the British Government, its servants and its subjects, and that the same respect and consideration shall be shown for them, and shall be enjoyed by them, as are conferred upon and enjoyed by, and shown to, the most favoured foreign Government, its servants and its subjects.

Appendix No. 110.
Peru-Bolivia.

Appendix No. 111.

Peru.

PERU-BOLIVIA.-June 5, 1837.

ARTICLE IX.

In the event of any subject or citizen of either of the two Contracting Parties dying without will or testament, in the dominions or territories of the said Contracting Parties, the Consul-General or Consul of the said nation, or, in his absence, his representative, shall have the right to nominate curators, to take charge of the property of the deceased, so far as the laws of each country will permit, for the benefit of his lawful heirs and creditors, without interference, giving convenient notice thereof to the authorities of the country.

ARTICLE XI.

It shall be free for each of the two Contracting Parties to appoint Consuls for the protection of trade, to reside in the dominions and territories of the other Party; but before any Consul shall act as such, he shall, in the usual form, be approved and admitted by the Government to which he is sent; and either of the Contracting Parties may except from the residence of Consuls such particular places as either of them may juage fit to be accepted. The Diplomatic Agents and Consuls of the Peru-Bolivian Confederation shall enjoy, in the dominions of His Britannic Majesty, whatever privileges, exceptions, and immunities, are or shall be granted to agents of the same rank belonging to the most favoured nation; and, in like manner, the Diplomatic Agents and Consuls of His Britannic Majesty in the territories of the Peru-Bolivian Confederation, shall enjoy, according to the strictest reciprocity, whatever privileges, exceptions, and immunities, are, or may be granted to the Diplomatic Agents and Consuls of the most favoured nation in the territories of the Peru-Bolivian Confederation.

PERU.-April 10, 1850.

ARTICLE VIII.

In the event of any subject or citizen of either of the two Contracting Parties dying without will or testament, in the dominions or territories of the other Contracting Party, the Consul-General, Consul, or Vice-Consul of the nation to which the deceased may belong shall, so far as the laws of each country will permit, take charge of the property which the deceased may have left, for the benefit of his lawful heirs, and creditors, until an executor or administrator be named according to the laws of the country in which the decease shall have taken place.

ARTICLE X.

It is further agreed, that if any of the crew shall desert from the vessels of war or merchant vessels of either Contracting Party, while such vessels are within any port in the territory of the other Party, the authorities of such port and territory shall be bound to give every assistance in their power for the apprehension of such deserters, on application to that effect being made by the Consul of the Party concerned; or by the deputy or representative of the Consul; and no public body whatever shall protect or harbour such deserters.

It is further agreed and declared, that any other favour or facility with respect to the recovery of deserters, which either of the Contracting Parties has granted, or may

hereafter grant, to any other State, shall be granted also to the other Contracting Appendix No. 111. Party, in the same manner as if such favour or facility had been expressly stipulated by the present Treaty.

ARTICLE XI.

It shall be free for each of the two Contracting Parties to appoint Consuls for the protection of trade, to reside in the dominions and territories of the other Party; but before any Consul shall act as such, he shall in the usual form, be approved and admitted by the Government to which he is sent; and either of the Contracting Parties may except from the residence of Consuls such particular places as either of them may judge fit to be excepted.

The Diplomatic Agents and Consuls of her Britannic Majesty in the Republic of Peru shall enjoy whatever privileges, exemptions, and immunities, are or may be there granted to the Diplomatic Agents and Consuls of the same rank of the most favoured nation; and in like manner, the Diplomatic Agents and Consuls of the Republic of Peru in the dominions of Her Britannic Majesty shall enjoy whatever privileges, exemptions, and immunities, are or may be there granted to Agents of the same rank of the most favoured nation.

ARTICLE XIV.

If any ship of war or merchant vessel of either of the Contracting Parties should be wrecked on the coasts of the other, such ship or vessel, or any parts thereof, and all furniture and appurtenances belonging thereunto, and all goods and merchandize which shall be saved therefrom, or the produce thereof, if sold, shall be faithfully restored to the proprietors, upon being claimed by them or by their duly authorized agents; and if there are no such proprietors or agents on the spot, then the said goods and merchandize, or the proceeds thereof, as well as all the papers found on board such wrecked ship or vessel, shall be delivered to the British or Peruvian Consul in whose district the wreck may have taken. place; and such Consul, proprietors, or agents, shall pay only the expenses incurred in the preservation of the property, together with the rate of salvage which would have been payable in the like case of a wreck of a national vessel. The goods and merchandize saved from the wreck shall not be subject to duties, unless cleared for consumption.

Peru.

Declaration made by the British Plenipotentiary on the exchange of the Ratifications of the preceding Treaty.

Whereas by the second paragraph of Article X of the Treaty of Friendship, Commerce, and Navigation, between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and the Republic of Peru, concluded and signed at London on the 10th of April, 1850, it was stipulated, that if any of the crew shall desert from the vessels of war or merchant vessels of either Contracting Party, while such vessels are within any port in the territory of the other Party, the authorities of such port and territory shall be bound to give every assistance in their power for the apprehension of such deserters, on application to that effect being made by the Consul of the Party concerned, or by the deputy or representative of the Consul; and that no public body whatever shall protect or harbour such deserters:

And whereas the power of apprehending such deserters in the British dominions is by law confined to seamen, not being slaves, who may desert from merchant ships belonging to the subjects of a foreign power.

The undersigned, Plenipotentiary of Her Britannic Majesty, in proceeding to the exchange of the ratifications of the Treaty above mentioned, therefore declares, that the ratifications are exchanged on the understanding that the above-quoted stipulations of Article X thereof shall, in the British dominions, be held to be applicable only to seamen, not being slaves, who may desert from merchant ships belonging to citizens of the Republic of Peru. MALMESBURY.

London, October 15, 1852.

(Signed)

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Appendix No. 112.
Portugal.

Appendix No. 113.
Portugal.

PORTUGAL.-January 29, 1642.

[Renewed by Treaty, February 19, 1810.]

ARTICLE VIII..

That the Consuls named and appointed by the Most Renowned King of Great Britain, for the aid and protection of his subjects remaining within the kingdoms and dominions of the Most Renowned King of Portugal, shall fully and freely exercise the power and authority of Consuls within the said kingdoms and dominions, although they shall not profess the Roman religion.

PORTUGAL.-July 10, 1654.

[Renewed by Treaty, February 19, 1810.]

ARTICLE III.

That the people and inhabitants of this Republic shall be at liberty to buy up all sorts of wares, goods and merchandize, and the same to use and enjoy in the kingdoms, provinces, territories, and islands of the King of Portugal, at the first sale, either in parcels, or in whatsoever number and size, when and wheresoever they please; neither shall they be compelled to purchase them either of forestallers or monopolists, nor shall they be circumscribed to a set price; they may also, at discretion, sell, traffic, and freely transport any sort of goods, wares, and merchandize whatsoever, from the said kingdoms and dominions, paying only the Customs and Consul's fees due for the goods exported, as they were paid the 10th of March, O.S., and 20th N.S., in the year 1653, according to the English computation. But as to purchases and sales by the negotiation of brokers, the said people of this Republic, shall enjoy and use the same liberties, privileges and exemptions as the Portuguese themselves, and they shall be as well used at public sales and contracts, as the natives and countrymen, notwithstanding any former judicial determinations; and all privileges and immunities granted to the English at any time heretofore, by all or any of the Kings of Portugal, shall be confirmed by an edict, to the end that the people and inhabitants of the said Republic may enjoy them, together with all other privileges and immunities which now are, or hereafter shall be granted to any nation, kingdom, or republic, in alliance with the said King of Portugal.

ARTICLE VII.

That the Consuls who shall reside hereafter in any part of the dominions of Portugal, for the assistance and protection of the people of this Republic, shall be nominated and fixed by the said Lord Protector, and when so nominated, shall obtain and exercise the same authority as any Consul of this or any other nation whatsoever, doth now or shall hereafter exercise in the dominions of the said King, although they do not profess the Romish religion. Also, for judging all causes which shall relate to the people of this Republic, a Judge Conservator shall be deputed, from whom no appeal shall be granted, unless to a Committee of Senators, where the disputes shall be determined within the space of four months, at most, after the appeals.

ARTICLE VIII.

That if any of the people of this Republic depart this life within the kingdoms and dominions of the Most Serene King of Portugal, the books, accounts, goods, and merchandize of him or them shall not be seized or possessed by the Judges of the orphans and persons absent, or by their ministers or officers, nor shall be liable to their jurisdiction; but the said goods, merchandize, and accounts shall be delivered up to those English factors or attornies residing on the spot, who are nominated or deputed by the deceased; but if the defunct, whilst living, nominated none, then the said goods, merchandize, and accounts shall, by the authority of the Judge Conservator, be delivered to two or more English merchants, who shall be chosen by the majority of the merchants residing in the place, and approved by the English Consul, after having giving security

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