Page:United States Statutes at Large Volume 8.djvu/578

 566 TREATY WITH PORTUGAL. 1840. of the captains, should disturb the order or the tranquillity, or offend the laws, of the country; or the said consuls, vice-consuls, or commercial agents should require their assistance to cause their decisions to be carried into effect, or supported. _ Conieiiding It is, however, understood that this species of judgment, or arbitra. parties may re- tion, shall not deprive the contending parties of the right they have to "°" *°.l“dl°l“l resort on their return, to the judicial authorities of their country. authorities, Src. ’ ARTICLE XI. Consuls, &e. The said consuls, vice-consuls and commercial agents are authorized
 * g:¥;,{,i"g‘i‘:;€ to require the assistance of the local authorities, for the search, arrest,

civii authorities detention and imprisonment of the deserters from the ships of war and to arrestdesert- merchant vessels of their country. rnand Siiiiii i,,, and officers, and shall, in writing, demand the said deserters, proving made. by the exhibition of the registers of the vessels, the rolls of the crews, or by any other official documents, that such individuals formed part of the crews; and,.this reclamation being thus substantiated, the surrender shall be made, without delay. _ D,,,,,,.,,,,,, Such deserters, when arrested, shall be placed at the disposal of the when arrested, said consuls, vice—consuls, or commercial agents, and may be confined "°“'é° i?° ‘l‘“' in the public prisons, at the request and cost of those who shall claim pose othem, in order to be detained until the time when they shall be restored to the vessels to which they belonged, or sent back to their own country, by a vessel of the same nation, or any other vessel whatsoever. But, if not sent back within four months from the day of their arrest, they shall be set at liberty, and shall not be again arrested for the same cause. However, if the deserter shall be found to have committed any crime or offense, the surrender may be delayed until the tribunal, before which his case shall be pending, shall have pronounced its sentence, and such sentence shall have been carried into effect. ARTICLE XII. pow,,,, (iis_ The citizens and subjects of each of the high contracting parties pose of personal shall have power to dispose of their personal goods, within the jurisdic- £°°d¤» &°· tion of the other, by testament, donation, or otherwise; and their representatives shall succeed to their said personal goods, whether by testament or ab intestate, and may take possession thereof, either by themselves, or by others acting for them, and dispose of the same, at will, paying to the profit of the respective Governments such dues only as the inhabitants of the country, wherein the said goods are, shall be subject to pay in like cases. in 0,,,,, Oi- mai And where, on the death of any person holding real estate, within estate, time al- the territories of one of the high contracting parties, such real estate amid £’;°ll‘h° would, by the laws of the land, descend on a citizen or subject of the ' ‘ other party, who, by reason of alienage, may be incapable of holding it, he shall be allowed the time fixed by the laws of the country; and, in case the laws of the country actually in force may not have fixed any such time, he then shall be allowed a reasonable time to sell, or otherwise dispose of] such real estate, and to withdraw and export the proceeds without molestation, and without paying to the profit of the respective Governments any other dues than those to which the inhabitants of the country, wherein said real estate is situated, shall be subject to pay in like cases. ARTICLE XIII. Igggvrsgpcnpvi- If either party shall, hereafter, grant to any other nation any particugccogis coin? lar favor in navigation or commerce, it shall immediately become com mon. mon to the other party, freely, where it is freely granted to such other
 * ,,,,7 me d6_ For this purpose, they shall apply to the competent tribunals, judges,