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1, to take at their office or dwelling, at the residence of the parties, or on board of vessels of their own nation, the depositions of the captains and crews, of passengers on board of them, of merchants, or any other citizens, of their own country;
2, to receive and verify unilateral acts, wills and bequests of their countrymen, and any and all acts of agreement entered upon between citizens of their own country and between such citizens and the citizens or other inhabitants of the country where they reside; and also all contracts between the latter, provided they relate to propertya situated or to business to be transacted in the territory of the nation by which the said Consular oflicers are appointed.
All such acts of agreement and other instruments, and also copies and translations thereof, when duly authenticated by such Consul general, Consul, Vice-Consul or Consular-Agent, under his official seal, shall be received by public officials and in courts of justice as legal documents, or as authenticated copies, as the case may be, and shall have the same force and effect as if drawn up or authenticated by competent public officers of one or the other of the two countries.
In case of the death of any citizen of Germany in the United States or of any citizen of the United States in the German Empire without having in the country of his decease any known heirs or testamentary executors by him appointed, the competent local authorities shall at once inform the nearest consular officer of the nation to which the deceased belongs of the circumstance, in order that the necessary information may be immediately forwarded to parties interested.
The said consular officer shall have the right to appear personally or by delegate, in all proceedings on behalf of the absent heirs or creditors until they are duly represented.
In all successions to inheritances citizens of each of the Contracting Parties shall pay in the country of the other such duties only as they would be liable to pay, if they were citizens of the country in which the property is situated or the judicial administration of the same may be exercised.
Consuls general, Consuls, Vice-Consuls and Consular-Agents of the two countries are exclusively charged with the inventorying and the safe-keeping of goods and effects of every kind left by sailors or passengers on ships of their nation who die either on board ship or on land, during the voyage or in the port of destination.
Consuls general, Consuls, Vice-Consuls and Consular-Agents shall be at liberty to go either in person or by proxy, on board vessels of their nation admitted to entry and to examine the officers and crews, to examine the ships papers, to receive declarations concerning their voyage, their destination, and the incidents of the voyage, also to draw up manifests and lists of freight, to facilitate the entry and clearance of their vessels, and finally to accompany the said officers or crews
a See Protocol, p. 285.
before the judicial or administrative authorities of the country, to assist them as their interpreters or agents.
The judicial authorities and custom house officials shall in no case proceed to the examination or search of merchant vessels without having given previous notice to the consular officers of the nation to which the said vessels belong, in order to enable the said consular othicers to be present.
They shall also give due notice to the said consular officers 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 officers or persons belonging to the crew, thus to prevent errors or false interpretations 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. Upon the non-appearance of the said officers or their representatives, the case may be proceeded with in their absence.
Consuls general, Consuls, Vice-Consuls or Consular-Agents shall have exclusive charge of the internal order of the merchant vessels of their nation, and shall have the exclusive power to take cognizance of and to determine differences of every kind which may arise, either at sea, or in port, between captains, officers and crews, and specially in reference to wages and the execution of mutual contracts. Neither any court or authority, shall, on any pretext, interfere in these differences except in cases where the differences on board ship are of a nature to disturb the peace and public order in port, or on shore, or when persons other than the officers and crew of the vessel, are parties to the disturbance.
Except as aforesaid, the local authorities shall confine themselves to the rendering of efficient aid to the consuls, when they may ask it in order to arrest and hold all persons, whose names are borne on the ship's articles, and whom they may deem it necessary to detain. Those persons shall be arrested at the sole request of the consuls, addressed in writing to the local authorities and supported by an official extract froin the register of the ship or the list of the crew, and shall be held, during the whole time of their stay in the port at the disposal of the consuls. Their release shall be granted only at the request of the consuls, made in writing.
The expenses of the arrest and detention of those persons shall be paid by the consuls.
ART: XIV. Consuls general, Consuls, Vice-Consuls, or Consular-Agents may arrest the officers, sailors, and all other persons making part of the crews of ships-of-war or merchant vessels of their nation, who may be guilty or be accused of having deserted said ships and vessels, for the purpose of sending them on board, or back to their country.
To that end, the Consuls of Germany in the United States shall apply to either the federal, State, or municipal courts or authorities; and the Consuls of the United States in Germany shall apply to any of the competent authorities and make a request in writing for the deserters, supporting it by an official extract of the register of the vessel and the list of the crew, or by other official documents, to show that the men whom they claim belong to said crew. Upon such request alone thus supported, and without the exaction of any oath from the consuls, the deserters (not being citizens of the country where the demand is made either at the time of their shipping or of their arrival in the port), shall be given up to the Consuls. All aid and protection shall be furnished them for the pursuit, seizure, and arrest of the deserters, who shall be taken to the prisons of the country and there detained at the request and at the expense of the Consuls, until the said Consuls may find an opportunity of sending them away.
If, however, such opportunity should not present itself within the space of three months, counting from the day of the arrest, the deserters shall be set at liberty, and shall not again be arrested for the same cause.
ART: XV. In the absence of an agreement to the contrary between the owners, freighters, and insurers, all damages suffered at sea by the vessels of the two countries, whether they enter port voluntarily or are forced by stress of weather, shall be settled by the Consuls general, Consuls, Vice-Consuls, and Consular-Agents of the respective countries. If, however, any inhabitant of the country, or citizen or subject of a third power, shall be interested in the matter, and the parties cannot agree, the competent local authorities shall decide.
ART: XVI. In the event of a vessel belonging to the government, or owned by a citizen of one of the two Contracting Parties being wrecked, or cast on shore, on the coast of the other, the local authorities shall inform the Consul general, Consul, Vice-Consul, or Consular-Agent of the district of the occurrence or, if there be no such consular Agency, they shall inform the Consul general, Consul, Vice-Consul, or Consular-Agent of the nearest district.
All proceedings relative to the salvage of American vessels wrecked or cast on sbore in the territorial waters of the German Empire, shall take place in accordance with the laws of Germany; and reciprocally, all measures of salvage relative to German vessels wrecked or cast on shore in the territorial waters of the United States shall take place in accordance with the laws of the United States.
The consular authorities have in both countries to intervene only to superintend the proceedings having reference to the repair and revictualling, or if necessary, to the sale of the vessel wrecked, or cast on shore.
For the intervention of the local authorities no charges shall be made except such as in similar cases are paid by vessels of the nation.
In case of a doubt concerning the nationality of a shipwrecked vessel, the local authorities shall have exclusively the direction of the proceedings provided for in this article.
All merchandise and goods, not destined for consumption in the country where the wreck takes place, shall be free of all duties.
ART: XVII. With regard to the marks or labels of goods, or of their packages, and also with regard to patterns and marks of manufacture and trade, the citizens of Germany shall enjoy in the United States of America, and American citizens shall enjoy in Germany the same protection as native citizens.
The present convention shall remain in force for the space of ten years counting from the day of the exchange of the ratifications which shall be exchanged at Berlin within the period of six months.
In case neither party gives notice, twelve months before the expiration of the said period of ten years, of its intention not to renew this convention, it shall remain in force one year longer, and so on from year to year, until the expiration of a year from the day on which one of the parties shall have given such notice.
In faith whereof the Plenipotentiaries have signed and sealed this
Geo BANCROFT [SEAL.]
The Undersigned met this day in order to effect the exchange of the ratifications of the Consular Convention signed on the 11th day of December 1871 between the United States of America and Germany.
Before proceeding to this Act, the Undersigned, Envoy extraordinary and Minister plenipotentiary of the United States of America, declared:
1. that, in accordance with the instruction given him by his government, with the advice and consent of the Senate, the expression “property” used in the English text of articles III° and IX is to be construed as meaning and intending “real estate:”
2. that, according to the laws and the Constitution of the United States, Article Xd applies not only to persons of the male sex but also to persons of the female sex.
After the Undersigned, President of the office of the Chancellor of the Empire, had expressed his concurrence with this declaration, the Acts of ratification, found to be in good and due form, were exchanged, and the present protocol was in duplicate executed. Berlin, the 29. April 1872.
1900. RECIPROCAL COMMERCIAL ARRANGEMENT WITH GERMANY. Concluded July 10, 1900; proclaimed July 13, 1900. (U. S. Stats.,
vol. 31, p. 1978.)
I. Concessions by United States.
III. Effect; duration. II. Concessions by Germany.
The Undersigned, on behalf of their respective Governments have concluded the following Commercial Agreement.
a By resolution of April 24, 1872, the Senate advised and consented to the execution of this protocol. Page 280. cPage 282.
d Page 282.
I. In conformity with the authority conferred on the President in Section 3 of the Customs Act of the United States approved July 24, 1897, it is agreed on the part of the United States that the following products of the soil and industry of Germany imported into the United States shall, from and after the date when this Agreement shall be put in force, be subject to the reduced Tariff rates provided by said Section 3, as follows:
Upon argols, or crude tartar, or wine lees, crude, five per centum ad valorem.
Upon brandies, or other spirits manufactured or distilled from grain or other materials, one dollar and seventy-five cents per proof gallon.
Upon still wines, and vermuth, in casks, thirty-five cents per gallon; in bottles or jugs, per case of one dozen bottles or jugs containing each not more than one quart and more than one pint, or twenty four bottles or jugs containing each not more than one pint, one dollar and twentyfive cents per case, and any excess beyond these quantities found in such bottles or jugs shall be subject to a duty of four cents per pint or fractional part thereof, but no separate or additional duty shall be assessed upon the bottles or jugs.
Upon paintings in oil or water colors, pastels, pen and ink drawings, and statuary, fifteen per centum ad valorem.
II. Reciprocally the Imperial German Government guarantees to the products of the United States on their entry into Germany the Tariff rates which have been conceded by the Commercial Treaties concluded during the years 1891-1894 between Germany on the one part, and Belgium, Italy, Austria-Hungary, Roumania, Russia, Switzerland and Serbia on the other part.
Moreover, the Imperial German Government will as soon as this Agreement shall be put in force, annul the regulations providing that the dried or evaporated fruits imported from the United States into Germany be inspected on account of the San José scale. These fruits shall during the continuance in force of this Agreement be admitted into Germany without other charges than the payment of the Customs duties to which they may now or in future be subject by law.
III. From and after the date of the President's Proclamation which shall give effect to this Agreement, the same shall be in force and shall continue in full force until three months from the date when either Party shall notify the other of its intention to terminate the
Done in duplicate in English and German texts at Washington this tenth day of July one thousand nine hundred.
John Hay (SEAL.]
of His Imperial and Royal Mojesty the German Emperor, King of Prussia.