imprisonment of deserters of Chinese war vessels or merchantmen. To this end they shall address to the competent authorities a written request for the deserter, and if it is proven by the registers of the vessel, the enrollment list of the crew, or by any other authentic document, that the men claimed were part of the crew, the surrender of the deserters may not be refused them, unless the individual in question is a Dutch subject. The local authorities shall be obliged to exercise all their power to cause the arrest of the deserters; and after the arrest, the latter shall be placed at the disposal of said consular officers, and they may be detained upon the request and at the expense of those claiming them, to be afterward returned on board the vessels to which they belong or sent on board another vessel of the same nation. But, if these deserters are not returned within four months, reckoned from the date of their arrest, they shall be set free and may never again be arrested for the same cause. It is understood, however, that the surrender of the deserter who has committed a crime, violation or infraction against the law, shall be withheld until the tribunal of the possessions, colonies or of the mothercountry before which the case is to be tried shall have rendered its decision and the latter have been carried out. ARTICLE 11 Whether of their own free will or under compulsion, Chinese vessels put into port, such damages as they may have suffered at sea shall be settled by the consuls-general, consuls, vice-consuls or consular agents of China, unless stipulations to the contrary were entered into between the ship-owners, shippers and underwriters. If, however, the consular officer is materially interested in the vessel or cargo, or is the agent thereof, or if Dutch subjects or subjects or citizens of a third nation are affected by the said averages, and the parties should be unable to reach an amicable settlement, then recourse may by right be had to the competent local authority. ARTICLE 12 Upon the death, in the Dutch possessions or colonies, of a Chinese subject without heirs or testamentary executors, the Dutch authorities charged by the laws or decrees of the possession or colony with the administration of the estate shall immediately notify the Chinese consular officers of the fact in order that the necessary information may be transmitted to those interested; on the other hand, the Chinese consular officers shall, in case they are the first to learn of the fact, give notice thereof to the said authorities. The competent local authority shall complete said notification by delivering, in due form and without cost, a copy of the death certificate. ARTICLE 13 The consuls-general, consuls, vice-consuls and consular agents shall have the right, in their offices, in their private residence, in the residence. of the interested subjects of their country or on board vessels of their nation, to receive the declarations of the captains and crews of vessels of their country, of the passengers on board, and of any other subject of their country. ARTICLE 14 The consuls-general, consuls, vice-consuls or consular agents of China shall have exclusive charge of the internal order of all merchantmen of their nation. They alone shall have jurisdiction over all controversies which may have arisen at sea or may arise in port between the captain, the officers and men of the crew, including controversies regarding the adjustment of wages and the execution of contracts. The tribunals or other authorities of the possession or colony may not for any reason whatever interfere in these controversies unless they should be of such a nature as to disturb the peace and public order on shore or in the port, unless persons not of the crew take part therein, or unless the consuls-general, consuls, vice-consuls and consular agents request the assistance of the said authorities to carry out their decisions or to uphold the authority of the latter. ARTICLE 15 Whereas, in China the same favors are to be reciprocally accorded to the consuls-general, consuls, vice-consuls and consular agents of the Netherlands, therefore the consuls-general, consuls, vice-consuls and consular agents of China, not engaged in trade nor any function or profession other than their consular functions, shall be exempt from all military service, requisitions or billeting, from pecuniary taxes in the place of military service and from any personal tax, as well as from gen eral or municipal taxes of a personal nature, unless they are Dutch subjects. This exemption can never be extended so as to include customs or other indirect or direct taxes. The consuls-general, consuls, vice-consuls and consular agents who are not Dutch subjects, even if they do not come under the stipulations of the first paragraph of this article, are exempt from all military services, military requisitions and all pecuniary taxes in the place of military service, inasmuch as in China the same privilege is granted to the consuls-general, consuls, vice-consuls and consular agents of the Netherlands. The consuls-general, consuls, vice-consuls and consular agents who are subjects of the Netherlands, but who may exercise consular functions conferred by the Chinese Government, are obliged to pay all taxes or contributions of whatever nature they might be. ARTICLE 16 The consuls-general, consuls, vice-consuls and consular agents, as well as consular students, chancellors and secretaries of China shall enjoy all powers, privileges, exemptions and immunities in the possessions or colonies of the Netherlands which are or may be granted in future to the officers of similar rank of the most favored nation. ARTICLE 17 The present convention is entered into for a period of five years and shall go in force four months from the date of the exchange of ratifications, which exchange shall take place at The Hague within four months after the signing of the convention, or sooner if possible. Unless one of the two high contracting parties notifies the other at least one year before the expiration of this period, of its intention to abrogate the convention, the latter shall remain in force for one year from the date of its denunciation by one of the high contracting parties. In testimony whereof the respective plenipotentiaries have signed the present convention and affixed their seals thereto. Done at Peking, the eighth day of the month of May, one thousand nine hundred and eleven, corresponding to the tenth day of the fourth moon of the third Chouen-Tong year. (L. S.) BEELAERTS VAN BLAKLAND. (L. S.) Lou TSENG TSIANG. ARRANGEMENT BETWEEN COLOMBIA AND ITALY RELATING TO THE 66 QUESTION OF THE FLAVIO GIOIA" EMBASSY OF ITALY, PARIS, May 24, 1886. To His Excellency M. F. de P. Mateus, Mr. Minister: Referring to the verbal explanations exchanged between us relating to the Buenaventura incident, and before signing the protocol for the settlement of other questions pending between our two countries, conformably to the instructions I have received, I repeat the assurance that any infringement upon the treaties in force or upon the territorial sovereignty of Colombia would be considered as altogether contrary to the orders and intentions of the King's government. On the other hand, the Colombian Government declares through you, as its organ, that it reposes full confidence in the uprightness of the King's government for the decision that may be rendered by the competent authorities of Italy regarding the acts of Captain Cobianchi. In accordance with the regulations in force, that officer should furnish to the superior naval council all information concerning his cruise while commanding the Flavio Gioia. The King's government agrees, conformably to the request of Colombia, to lay also before said court the documents which form the basis of the Republic's complaints against that officer of our navy. Please to accept, and, etc., etc., L. F. MENABREA. LEGATION OF THE REPUBLIC OF COLOMBIA, H. E. General Count Menabrea, PARIS, May 24, 1886. Marquis de Val Dora, Ambassador Extraordinary and Minister Plenipotentiary of H. M. the King of Italy. Mr. Ambassador: I have the honor to acknowledge the receipt of the letter of this date, in which your excellency, referring to the verbal explanations exchanged between us, relating to the Buenaventura incident, and before signing the protocol for the settlement of the other questions pending between our two countries, has been pleased, conformably to his instructions, to repeat the assurance that any infringement upon the treaties in force or upon the territorial sovereignty of Colombia would be considered as altogether contrary to the orders and intentions of the King's government. I am also authorized to declare that the Colombian Government has full confidence in the uprightness of his majesty's government in the decision that may be rendered by the competent authorities of Italy upon the acts of Captain Cobianchi, who, in conformity with the regulations in force, should place before the superior naval council every information concerning his cruise while commanding the Flavio Gioia. It is understood that the King's government, in accordance with the request made by Colombia, agrees also to lay before said superior court the documents which form the basis of the Republic's complaints against that officer of your navy. Be pleased, etc., etc., F. DE P. MATEUS. PROTOCOL BETWEEN COLOMBIA AND ITALY ESTABLISHING THE BASIS FOR THE ADJUSTMENT OF THE CERRUTI CLAIM Paris, May 24, 1886 The Governments of Italy and of Colombia, having settled by means of diplomatic notes the questions pending between the two countries which were not to be included in the friendly mediation offered by the Government of his Catholic Majesty, and desiring, as regards the other questions, to establish clearly, precisely, and positively the bases for said mediations: H. E. General Count de Menabrea, Marquis de Val Dora, ambassador extraordinary and minister plenipotentiary of H. M. the King of Italy near the Government of the French Republic, of the one part, and H. E. Don F. de P. Mateus, envoy extraordinary and minister plenipotentiary of Colombia near the Government of the French Republic, of the other part thereunto duly authorized, have signed ad referendum the present protocol to be submitted immediately after approval by their governments, to the Government of his C. Majesty. |