Imagini ale paginilor
PDF
ePub

185. States have also the right to acquire a site for building, or to hire houses for the accommodation of their missions. Their representatives have the right to choose their own servants and attendants, the same being subjected to no molestation whatever. Any person being guilty of disrespect or violence to such Representatives or any member of their families or establishments, in deed or word, should be severely punished.

186. No obstacle or difficulty must be made to the free movements of such Representatives, and they and the persons of their suite have the right to come and go and travel at their pleasure. They have, moreover, full liberty to send and receive their correspondence; and their letters and effects are to be held sacred and inviolable. They may employ, for their transmission, special couriers, who ought to meet with the same protection and facilities for travelling as the persons employed in carrying despatches for the Imperial Government; and generally they are to enjoy the same privileges as are accorded to officers of the same rank by the usage and consent of Western nations.

SECTION II,

CONSULS.

187. States are at liberty to appoint Consuls for the protection of trade, to reside in the dominions and territories of the other party; but before any Consul can act as such, he must, 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 so excepted.

188. The Consuls-General, Consuls, ViceConsuls, and Consular Agents of each of the contracting parties, residing in the territories and possessions of the other, have the right to exercise the functions pertaining to their office, with which they may be charged by their Government, without prejudice to the laws and regulations of the country of their residence ; and, in like manner, they enjoy the privileges, exemptions, and immunities permitted by the same laws and regulations.

189. The Consuls-General, Consuls, ViceConsuls, and Consular Agents of each of the

contracting parties, residing in the territories of the other, have a right to receive from the local authorities such assistance as can by law be given to them for the recovery of deserters from the vessels of their respective countries.

190. Should a subject of one of the contracting parties die within the dominions of the other, and should there be no person present at the time of such death rightly entitled to administer to the estate of such deceased person, the following rules are observed :

191. When the deceased leaves, in the abovenamed circumstances, heirs of his own nationality only, or who may be qualified to enjoy the civil status of their father, the ConsulsGeneral, Consuls, Vice-Consuls, or Consular Agents of the nation to which the deceased belonged, giving notice to the proper authorities, shall take possession and have custody of the property of the said deceased, shall pay the expenses of the funeral, and retain the surplus for the payment of the debts, and for the benefit of the heirs to whom it may rightfully belong.

192. But the said Consuls-General, Consuls,

Vice-Consuls, or other Consular Agents are bound immediately to apply to the proper court for Letters of Administration of the effects left by the deceased, and these letters are delivered to him with such limitations and for such time as to such court may seem right.

193. If, however, the deceased leaves, in the country of his decease, and in the above-named circumstances, any heir or universal legatee of other nationality than his own, or to whom the civil status of their fathers cannot be granted, then each of the two Governments may determine whether the proper court shall proceed according to law, or shall confide the collection and administration to the respective Consular functionaries under the proper limitations.

194. Where there is no Consul-General, Consul, Vice-Consul, or Consular Agent in the locality where the decease has occurred (in the case contemplated by the first rule of this article), upon whom devolve the custody and administration of the estate, the proper authority proceeds in these acts, until the arrival of the respective Consular functionary.

Respecting Consular Jurisdiction, the Treaty between Great Britain and China of August 23, 1842, and June 26, 1858, as well as the Treaty with Japan, August 26, 1858, provided as follows :—

195. Whenever a British subject has reason to complain of a native, he must first proceed to the Consulate and state his grievance; the Consul will thereupon inquire into the merits of the case, and do his utmost to arrange it amicably. In like manner, if a native have reason to complain of a British subject, he shall no less listen to his complaint and endeavour to settle it in a friendly manner.

196. If an English merchant have occasion to address the national authorities, he shall send such address through the Consul, who will see that the language is becoming; and if otherwise, he will direct it to be changed or will refuse to convey the address.

197. If unfortunately any dispute takes place of such a nature that the Consul cannot arrange it amicably, then he shall request the assistance of a native officer, that they may together

« ÎnapoiContinuă »