Page:United States Statutes at Large Volume 18 Part 2c.djvu/791

784 PUBLIC TREATIES. if any such Consul, Vice-Consul, or Commercial Agent shall exercise commerce, he shall be suhiected to the same laws and usages to which private individuals of the nation are subjected in the same place. And whenever either of the two contracting parties shall select for a Consular Agent a citizen or subject of this last, such Consular Agent shall continue to be regarded, notwithstanding his quality of foreign Consul, as a citizen or a subject of the nation to which he belongs, and consequently shall be submitted to the laws and regulations to which natives are subjected. This obligation, however, shall not be so construed so as to embarrass his consular functions, nor to affect the mviolability of the consular archives. Aarrcm XIX. Settlement ofdis- The said Consuls, Vice-consuls, and Commercial Agents shall have the Dum l>¤¤W¢>¤¤ right as such to judge, in quality of arbitrators, such diiferences as “‘“°“"“ “"‘l °’°"“‘ may arise between the masters and crews of the vessels belonging to the nation whose interests are committed to their charge, without the interference of the local authorities, unless the conduct of the crew, or of the captain, should disturb the public peace or order of the country, or such Consul, Vice-Consul, or Commercial Agent should require their assistance to cause-his decisions to be carried into effect or supported. Nevertheless, it is understood that this species of judgment or arbitration shall not deprive the contending parties of the right they have to - resort, on their return home, to the judicial authorities of their own country. ‘ ARTICLE XX. Descrters from The said Consuls, Vice·Consnls, and Commercial Agents may cause '°"°°1“· to be arrested and sent back, either on board or to their own country, sailors and all other persons who, making a regular part of the crews of vessels of the respective nations, and having embarked under some other name than that of passengers, shall have deserted from the said vessels. For this purpose they shall apply to the competent local authorities, proving, by the register of the vessel, the roll of the crew, or, if the vessel shall have departed, with a copy of the said papers, duly certified by them, that the persons they claim formed part of the crew; and on such a reclamation, thus substantiated, the surrender of the deserter shall not be denied. Every assistance shall also he given to them for the recovery and arrest of such deserters; and the same shall be detained and kept in the prisons of the country, at the request and cost of the Consuls, until the said Consuls shall have found an opportunity to send them away. lt being understood, however, that if such an opportunity shall not occur in the space of four months from the date of their arrest, the said deserters shall be set at liberty, and shall not be again arrested for the same cause. Nevertheless, if the \ deserter shall be found to have committed any other crime or offence on shore, his surrendenmay be delayed by the local authorities until the tribunal before which his case shall be pending shall have pronouncgd tits sentence, and until such sentence shall have been carried into e ec . Ancrrorn XXI. Eqtraditio n of It is agreed that every.person who, being charged with or condemned °"¤“¤“l°- for any of the crimes enumerated in the following article, committed within the States of one of the high contracting parties, shall seek asylum in the States, or on board the vessels of war of the other party, shall be arrested and consigned to justice on demand made, through the proper diplomatic channel, by_ the Government within whose territory the offence shall have been committed. _This surrender and delivery shall not, however, be obligatory on either of the high contracting parties until the other shall have presented a copy of the judicial declaration or sentence establishing the