Page:United States Statutes at Large Volume 8.djvu/122

 ut) CONVENTION WITH FRANCE. 1788. said effects in their hands, as they might in those of any other individual whatever, and proceed to obtain sale of them till payment of what shall be lawfully due to them. When the debts, shall not have been contracted by judgment, deed or note, the signature whereof shall be known, payment shall not be ordered but on the cred1tor’s giving suflicient surety, resident in the country, to refund the sums he shall have unduly received, principal, interest and costs; which surety nevertheless shall stand duly discharged, after the term of one year in time of peace, and of two in time of war, if the demand in discharge cannot be formed before the end of this term against the heirs who shall present themselves. And in order that the heirs may not be unjustly kept out of the effects of the deceased, the consuls and vice-consuls shall notify his death in some one of the gazettes published within their consulate, and that they shall retain the said effects in their hands four months to answer all demands which shall be presented; and they shall be bound after this delay to deliver to the persons succeeding thereto, what shall be more than sufficient for the demands which shall have been formed. ARTICLE VI. Consuls to re- The consuls and vice-consuls respectively shall receive the declara- Q°l'° d°°l¤’°· tions, protests and reports of all captains and masters of their respective
 * °”’· &°' from nation on account of average losses sustained at sea: and these captains

ptams, of,. . losses atsea. and masters shall lodge in the chancery of the said consuls and viceconsuls, the acts which they may have made in other ports on account of the accidents which may have happened to them on their voyage. If a subject of the Most Christian King and a citizen of the United States, or a foreigner, are interested in the said cargo, the average shall be settled by the tribunals of the country, and not by the consuls or vice-consuls; but when only the subjects or citizens of their own nation shall be interested, the respective consuls or vice-consuls shall appoint skilful persons to settle the damages and average. ARTICLE VII. pow,,, of ,,0,,. In cases where, by tempest or other accident, French ships or vessels ¤¤!¤ in *18999 of shall be stranded on the coasts of the United States, and ships or ves- ’h’l'W""’k· sels of the United States shall be stranded on the coasts of the dominions of the Most Christian King, the consul or vice-consul nearest to the place of shipwreck shall do whatever he may judge proper, as well for the purpose of saving the said ship or vessel, its cargo and appurtenances, as for the storing and the security of the elfects and merchandize saved. He may take an inventory of them, without the intermeddling of any officers of the military, of the customs, of justice, or of the police of the country, otherwise than to give to the consuls, viceconsuls, captain and crew of the vessel shipwrecked or stranded, all the succour and favour which they shall ask of them, either for the expedition and security of the saving and of the effects saved, or to prevent all disturbance. And in order to prevent all kind of dispute and discussion in the said cases of shipwreck, it is agreed, that when there shall be no consul or vice·consul to attend to the saving of the wreck, or that the residence of the said consul or vice-consul (he not being at the place of the wreck) shall be more distant from the said place than that of the competent judge of the country, the latter shall immediately proceed therein, with all the dispatch, certainty and precautions prescribed by the respective laws; but the said territorial judge shall retire on the arrival of the consul or vice-consul, and shall deliver over to him the report of his proceedings, the expenses of which the consul or viceconsul shall cause to be reimbursed to him, as well as those of saving the wreck. The merchandize and eifects saved shall be deposited in the nearest custom-house, or other place of safety, with the inventory