Page:United States Statutes at Large Volume 18 Part 2c.djvu/38

 AUSTRIA, 1870. 31 Ansrrcrn X. Consuls General, Consuls Vice-Consul or Consular A. · ·, at liberty to go on board the vessels of their nation admitgerdttghgdtrgc wpzzszrglzelhtad either in person or by proxy, and to examine the captain and crew to °’°"°· look into the register of the ship, to receive declarations with referehce to their voyage, their destination, and the incidents of the voyage · also to draw up manifests, lists of freight, to assist in despatching their vest sels, and finally to accompany the said captains or crews betore the courts and before the administrative authorities, in order to act as their interpreters or agents in their business transactions or applications of any kind. The judicial authorities and custom-house officials shall in no mise proceed to the examination or search of merchant vessels without previous notice to the consular authority of the nation to which the said vessels belong, in order to enable them to be present. _ They shall also give due notice to Consuls, Vice-Consuls, or Consular Agents, in order to enable them to be present at any depositions or statements to be made in courts of law, or before local magistrates, by captains or persons composing the crew, thus to prevent errors or false interpreta tions which might impede the correct administration of justice. The notice to Consuls, Vice-Consuls, or Consular Agents shall name the hour fixed for such proceedings, and upon the nonappearanee of the said officers or their representatives, the case shall be proceeded with in their absence. Anrrrcnn XI. Consuls, Vice»Consuls, or Consular Agents, shall have exclusive charge Settlem e ¤ t or of the internal order of the merchant vessels of their nation. They <li¤v¤*·¢¤ b¤¤W¤¤¤ shall have therefore the exclusive power to take cognizance of and to '”°“°""“ “”d ‘”`°“‘ settle all differences which may arise at sea or in port between captain onlcers, and crews in reference to wages and the execution of mutuzil contracts, subject in each case to the laws of their own nation. The local authorities shall in no way interfere, except in cases where the diiferences on board ship are of a nature to disturb the peace and public order in port or on shore, or when person other than the officers and crew of the vessel are parties to the disturbance; except as atoresaid, the local authorities shall coullne themselves to the rendering of forcible assistance if required by the Consuls, Vice-Consuls, or Consular Agents, and shall cause the arrest, temporary imprisonment, and removal on board his own vessel of every person whose name is found on the muster-rolls or register of the ship or list of the crew. Anrrcrrz XII. Consuls General, Consuls, Vice-Consuls, or Consular Agents, shall have Damien from the power to cause the arrest of all sailors or all other persons belonging i’¢¤¤¤l¤· to the crews of vessels of their nation who may be guilty of having deserted on the respective territories of the high contracting Powers, and to have them sent on board or back to their native country. To that end they shall make a written application to the competent local authority, supporting it by the exhibition of the shrp’s register and list of the crew, or else, should the vessel have sailed previously, by producing an authenticated copy of these documents, showing that the persons claimed really do belong to the ship’s crew. Upon such request the surrender of the deserter shall not be refused. Every aid and assistance shall, moreover, be granted to the said consular authorities for the detection and arrest of deserters, and the latter shall be taken to the prisons of the country and there detained at the requestand expense of the consular authority until there may be an opportunity for sending them away. The duration of this imprisonment shall not exceed the term of three months, at the expiration of which time, and upon three days’ notice to the consul, the prisoner shall be set free, and he shall not be liable to rearrest for the same cause. Should, however, the