of the two Governments shall impose in that respect any restrictions that may not be common in the country to all the other nations.

XXVII. The Consuls-General, Consuls, Vice-Consuls, and Consular Agents, as well as the Consular Attachés (Alumnos de Consul), Chanceliers and Secretaries belonging to his Mission, shall enjoy in both countries all the privileges, exemptions, and immunities that may be granted in their place of residence to the Agents of the same rank of the most favoured nation.

The Consuls Envoyés (Consules Missi), citizens of the Contracting Party that appoints them, shall enjoy exemption from home military billeting (taro) and direct contributions, whether personal or on movable property or sumptuary, established by the State or by the Municipalities.

But if such Agents are merchants, or exercise some industry, or possess landed property, they shall be considered, so far as relates to the charges and contributions established on such industries or property, as citizens of the State they belong to.

The Consuls Envoyés (Consules Missi) who are citizens of the country that appoints them shall enjoy personal immunity, without being subject to arrest or imprisonment, except for serious crimes. As regards the Consuls who are citizens of the country they reside in, or merchants, the personal immunity is only to be understood with respect to debts and other civil causes that have no connection with the commerce in which they engage, directly or through their clerks.

Such Agents can place upon the front door of their house the coat of arms of their country and an inscription, saying: "Consulate of . . .; " and they can also hoist their national flag in the Consular house: but such exterior signs can never be considered as constituting the right of asylum.

In case of death, impediment, or absence of the ConsulsGeneral, Consuls, Vice-Consuls, and Consular Agents, the Students, Chanceliers, and Secretaries of the Consuls shall be admitted with full right to discharge in the mean time the duties of the Consulate.

XXVIII. The archives and generally all the papers of the Chanceries of the Consulates shall be inviolable, and cannot be taken or examined by the legal authority under any pretext whatsoever.

XXIX. The respective Consuls-General and Consuls shall be at liberty to establish Vice-Consuls and Consular Agents in the different cities, ports, or places of their Consular district where the good of the service that has been entrusted to them requires; but this, it is understood, must be done with the approval and the exequatur of the territorial Government. These Agents can be namned from among the citizens of the two countries and among foreigners.

XXX. The Consuls-General, Consuls, and Vice-Consuls or Consular Agents shall be respectively allowed, in case of death of any of their fellow-countrymen without having made a will or appointed

executors :

1. To place seals, either officially or at the request of the interested parties, upon the movable property and papers of the deceased, giving previous notice of this act to the proper local authority, which can be present at it, and even, if it thinks proper, affix their seal conjointly with those of the Consul; and in that case these double seals cannot be removed without the attendance of both parties.

2. To draw up likewise in the presence of the proper authority, if it should think convenient to do so, the inventory of the property.

3. To proceed, according to the usages of the country, to the sale of the movable property appertaining to the succession, if such property is in risk of becoming damaged by the effect of time, or if the Consul thinks the sale useful to the interests of the deceased's heirs.

4. To administer or liquidate personally, or appoint an agent under his responsibility to administer and liquidate the said succession, without the local authority interfering in these new arrange

ments.

But the said Consuls are obliged to announce the death of their countrymen in one of the newspapers published in their Consular district; and they cannot deliver the succession or its products to the legitimate heirs or their attorney until the payment of all the debts that the deceased may have contracted in the country, or until a year has passed from the date of the announcement of the death, without any claims having been made against the succession.

If there be no Consul at the place where the deceased resided, the proper authorities shall perform the same formalities that in such cases are performed with the natives of the country; but they must give notice of the death that has taken place to the nearest Consul or Consular Agent as soon as possible; and as soon as such Consul or Consular Agent should present himself or a Commissioner sent by him, the said authority must leave to him the ulterior operations.

The Consuls General, Consuls, Vice - Consuls, and Consular Agents shall be considered as guardians of the orphans and children under age, and therefore they are to take all the measures required in favour of their persons and property; they shall administer their property and fulfil all the duties of such guardians, under the responsibility established by the laws of their respective countries. XXXI. The Consuls-General, Consuls, Vice-Consuls, and Con

sular Agents respectively shall be exclusively charged with the interior police of the merchant-vessels of their country, and the local authorities cannot interfere in this, unless the disorders that may happen should disturb public tranquillity, either ashore or on board of the vessels.

But in all that regards the police of the ports, the loading and unloading of vessels, the safety of goods and merchandize, the citizens of the two countries shall be respectively subjected to the laws and statutes of the country.

XXXII. The Consuls-General, Consuls, Vice-Consuls, or Consular Agents shall be allowed to arrest and send on board, or to their country, the seamen deserters from their national vessels. To that effect they shall address to the proper local authorities a written request, accompanied with the vessel's register, or roll, or a copy thereof duly certified, to prove that such seamen formed part of the crew. On this request, thus certified, the delivery cannot be refused, and besides, they shall receive the assistance and co-operation necessary for the search, for apprehension, and arrest of said deserters, who shall be detained and kept in the prisons of the country, at the request and at the expense of the said Agents, until an opportunity occurs to deliver them to the proper person or send them away. However, if such an opportunity does not present itself within the term of three months, counted from the day of their arrest, the deserters shall be set at liberty and cannot be again arrested for the same cause.

The High Contracting Parties agree that sailors and other persons of the crew, if they are citizens of the country where the desertion takes place, shall be excepted from the stipulations of the present Article.

XXXIII. Whenever no contrary stipulation has been made between the shipowners, loaders, and assurance offices, the average that the vessels of both countries may have suffered at sea on their way to the respective ports shall be arranged by the ConsulsGeneral, Consuls, Vice-Consuls, or Consular Agents of its country; unless the inhabitants of the country where such Agents reside are interested in the average, because in such case it must be arranged by the local authority if no friendly compromise is agreed upon between the parties.

XXXIV. Whenever a vessel belonging to the Government or to citizens of one of the High Contracting Parties is wrecked or strikes land within the limits of the other, the local authorities must inform the Consul-General, Consul, Vice-Consul, or Consular Agent of the district, or if there be none, the Consul-General, Consul, Vice-Consul, or Consular Agent of the nearest place to that where the accident has happened.

All the operations relative to the salvage of the Costa Rican vessels that may have been wrecked or grounded within the territorial waters of Germany shall be done according to the laws of the country; and reciprocally all the operations made to save the German vessels that have been wrecked or grounded in the territorial waters of Costa Rica shall also be made according to the laws of the country.

The intervention of the said Consular Agents shall only take place in both countries to watch the operations relative to the repairs, supply of fresh provisions, or the sale, if it is made, of the said wrecked or grounded vessels. For the intervention of the local authorities in any of these cases, no charge shall be made of any kind, except the expenses incurred for the salvage of the vessel and the keeping of the saved objects.

The High Contracting Parties agree also not to charge any Custom-house duties upon the saved merchandize, unless they be destined for internal consumption.

XXXV. The High Contracting Parties are ready to concede to each other, with regard to all matters mentioned in the preceding Articles, as many privileges and rights as are already granted or may in future be granted to the most favoured nation.

XXXVI. In case one of the two Contracting Parties may consider as violated any of the stipulations of the present Treaty against its interest, it must at once address itself to the other Party, with an exposition of the facts and a claim of reparation, accompanied with the documents and proofs necessary to establish the right of the complaint; and it cannot authorize acts of reprisal nor commit any hostility, until the due reparation has been denied or the affair been submitted to arbitration.

XXXVII. The present Treaty shall stand until the 31st of December, 1882, from the day of the exchange of the ratifications; and if, 12 months before the expiration of the term, neither of the two parties makes known, by means of an official declaration, its intention to make cease the effects thereof, it shall continue obligatory one year more, and so on until a year passes after making the official declaration before mentioned.

XXXVIII. The present Treaty, composed of 38 Articles, shall be ratified, and the ratifications shall be exchanged within the term of 12 months, or before if it is possible, at the city of San José.

In faith whereof the Plenipotentiaries have signed the present Treaty, and have sealed it with their respective seals.

Done in duplicate in the city of San José, the 18th day of May, 1875.

(L.S.) VICENTE HERRERA.
(L.S.) J. FRIED. LAHMANN.

PROTOCOL.-Marriages.-San José, November 21, 1876.

THE Undersigned, Don Rafael Machado and Herr J. Friedrich Lahmann, the former Secretary for Foreign Affairs of the Supreme Government of Costa Rica, and the latter Consul of the German Empire, charged by their respective Governments to exchange the ratifications of the Treaty of Friendship, Commerce, and Navigation concluded between the Government of Costa Rica and His Majesty the Emperor of Germany and King of Prussia, have met together to proceed to the exchange, have read the said documents, and have found them to agree and to be exact. They have acknowledged that the explanation of Article IX, proposed by the same Consul, and sanctioned by Decree of the Constitutional Congress on the 29th day of July of this year, should be considered an integral part of the said Treaty. This explanation is as follows:

"The marriage of a Costa Rican in Germany and of a German in Costa Rica, solemnized in the presence of a Diplomatic or Consular representative duly empowered by his own Government to legalize such contract, shall be considered valid, agreeably with the provisions of Article IX of the present Treaty, being in no way affected by the religious creed professed by the parties. The conformity to the laws of the respective countries spoken of at the end of the aforesaid Article IX signifies that the Diplomatic or Consular representatives who authorize the marriage have to respect, besides the laws of their nation, the formalities prescribed in such cases by the legislation of the country in which the act takes place. It is understood that the concluding terms of Article IX in nowise alter the principle laid down in the previous portion of the same."

Wherefore the Undersigned, after having made the exchange, sign and seal this act in duplicate the 21st November, 1876.

(L.S.) J. FRIED. LAHMANN. (L.S.) RAFAEL MACHADO.

ACT passed by the Governor-General of India in Council, to control Recruiting in British India for the Service of Foreign

States.

[No. 4.]

[February 24, 1874.] WHEREAS it is expedient that the Governor-General in Council should exercise full control over recruiting in British India for the service of foreign States, it is hereby enacted as follows:

1. This Act may be called "The Foreign Recruiting Act, 1874." It extends to the whole of British India;