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Interference of local authorities restricted.
348. When the consul acts in the cases mentioned in the last article, the local authorities shall not otherwise interfere than for the maintenance of order, the protection of the interests of the salvors, not belonging to the crew, and to carry into effect the rules applicable to the entry and exportation of property saved.
Property exempt from duties.
349. Property saved, or landed to facilitate repairs, is not subject to duty or custom-house charges, unless admitted or intended for consumption within the jurisdiction of the nation.
In some of the treaties cargo landed to facilitate repairs is to be sub. ject to the same charges as are payable by members of the nation in respect of its domestic vessels in like cases.
Local charges restricted.
350. The intervention of the local authorities, when permitted under this Chapter, cannot give rise to expenses other than those which the operations of quarantine,' salvage, and the preservation of the object saved, occasion, and such as would be imposed, in the case of domestic ships, under like circumstances.
Consular convention between France and
Treaty between the United States and
Pero, July 26, 1851, Art. XVI., 10 U. 8. Stat. at L., 933. I Treaty between the United States and
The Two Sicilies, Oct. 1, 1855, Art. XVII., 11 U. 8. Stat. at L., 639 Authorizing sale of wrecked property.
351. In cases of necessity, in the absence of the owner or his agent, and inability reasonably to communicate with him, the consul may authorize the repair or sale of wrecked or damaged property, with the sanction of the proper judicial authorities of the country, but not otherwise.'
In reference to the sale, in a foreign country, of a ship belonging to a member of the consul's nation, the consul acts for the purpose of subsequently affording the relief granted by law. and for the purpose of secur ing the payment of any extra wages to seamen, required by the law of his nation. United States Consular Regulations, (1870,) IT 131, 132.
* Bluntschli, Droit Intern. Codifié, S 264, does not recognize such a re. striction as this.
Perhaps, however, this power should be further restricted. ('ompare the terms of Article 390.
Ancient rule of wreck abolished.
352. Any property cast by the sea upon the land,' or floating, or sunken' in the navigable waters within the jurisdiction of any nation, unless voluntarily or freely abandoned by the owner, without intention of recovering it,' may be reclaimed by him, or on his behalf, at any time before it has been otherwise disposed of, pursuant to the provisions of this Chapter.
1 2 Kents Commentaries, 321.
? A canal boat sunk in a navigable river, was held not to be “wrecked property," within the New York statute concerning Wrecked Property, (1 Rev. Stat., 690,) which only mentioned things cast by the sea upon the land. Baker v. Hoag, 7 New York (3 Selden) Rep., 555 ; overruling S. C., 3 Barbour's Rep., 203; and 7 Id., 113.
3 The provisions of the New York statute have been recently extended to things cast by any inland lake or river on the land. 1 N. Y. Laws of 1869, 1187, ch. 493.
4 The abandonment will not divest the owner of his right, unless it was freely as well as voluntarily made. A voluntary abandonment, under the constraint of danger or distress, may mark the property as derelict, and entitle salvors to peculiar compensation, but does not preclude his claim. Abbott's U. 8. Courts, vol. 1, 574.
5 The intent to abandon may be inferred from a great lapse of time, Bouvier's Dictionary, Tit.“ Derelicts.”
Property to be restored to owner.
353. The property mentioned in this Chapter must be delivered when recovered,' or, if sold, the proceeds thereof must be paid to the consul of the owner's nation,' on claim being made within one year.'
| Treaty between the United States and Peru, July 26, 1851, Art. XVI., 10 U. S. Stat. at L., 933.
9 Treaty between the United States and The Two Sicilies, Oct. 1, 1855, Art. XVII., 11 U. 8. Stat. at L., 639.
3 A year (and a day) is fixed by several treaties. 8 U. 8. Stat. at I., 42, 72.
Duty of nation to provide for care of wrecked property.
354. It is the duty of every nation to provide by law for the protection and restoration of wrecked property and for the redress or punishment of any violation of the rights of owners in respect thereto.
The provisions of the English law on this subject are in 17 & 18 Vict. c. 104, Part VIII.
Those in the State of New York are in the Revised Statutes, vol. 1, p. 690.
The essential points covered by these provisions may be briefly stated as follows:
1. Persons having wrecked property, who do not deliver it to the own. er, or the proper officer, or who deface marks thereon, or disguise its appearance, with intent to conceal its identity, or who deface, destroy or suppress any document affecting the ownership; and officers and agents of the government of the place, who detain any wrecked property, or its proceeds, after the expenses and salvage have been ascertained and tendered, or who are guilty of fraud, embezzlement, or extortion in reference thereto, are punishable criminally, and liable to an action by the person wronged.
2. By the English law, plundering and damaging wrecks is to be compensated for by the inhabitants of the district. 17 & 18 Vict., c. 104, S 477.
3. Wrecked property, which is of a perishable nature, or which has been kept one year without being claimed, may be sold under the author. ity of the State, and the proceeds, after paying expenses and salvage, if not claimed within one year after the sale, shall accrue to the treasury of the State, or to the persons who by the local law are entitled to wreck found at the place in question.
355. A sale of wrecked property by or under the sanction of the local authorities, pursuant to law, transfers the title absolutely to a purchaser in good faith.
1 Parsons on Shipping & Adm., 78, and note.
By the treaty between the United States and The Two Sicilies, above referred to, claims upon the property are to be determined by the local tribunals.
DUTIES OF FOREIGNERS TO THE NATION.
CHAPTER XXVIII. Subjection to the laws.
XXIX. Civil and military service.
SUBJECTION TO THE LAWS.
ARTICLE 356. Subjection to the laws.
Subjection to the laws.
356. Except as otherwise provided by this Code, or by special compact, foreigners are subject to the constitution and laws of the country wherein they are, for the time being.
Bluntschli (Droit Int. Codifté, 388,) in stating this rale, adds, that al. lowance ought to be made for the fact that strangers do not understand the laws as well as citizens.
CIVIL AND MILITARY SERVICE.
ARTICLE 357. Civil service.
358. Military service.
Civil service. 357. Foreigners are exempt from all official functions.
Treaty between Great Britain and
Colombia, Feb. 16, 1866, Art. XVI., ; vol. LXXIV., (36.) Italy, Aug. 6, 1863, “ XV., Id., 1864, vol. LXVI., (35.) Treaty between France and The Free Cities of Lu-)
beck, Bremen & Ham. Mar. 4, 1865, Art. II., 9 De Clercq, 189.
lenburg-Schwerin and June 9, 1865, “ II., 9 Id., 295.
June 14, 1857, " I., 7 Id., 278. The English Judicature Commission (Report of 1869,) recommend that aliens having been resident ten years shall, if qualified, be liable to do jury duty.
358. Foreigners are exempt from military and naval service, except in the case of necessity for the purpose of defending the place where they are from brigands or savages.
Bluntschli, Droit. Intern. Codifié, s 391. Freedom of foreigners from compulsory military and naval service is recognized by the treaties between the United States and
Nicaragua, June 21, 1867, Art. IX., 15 U.S. Stat.at L., (Tr.,)59.
Feb. 4, 1859, “ XI., 12 Id., 1096.
Two Sicilies, Oct. 1, 1855, “ V., 11 Id., 639.
June 14, 1857, Art. II., 7 De Clercq, 278. Nicaragua,
April 11, 1859, “ IV., 7 Id., 586.
9 Id., 372.
Bremen and Hamburg, S. By the treaty between the United States and the Swiss Confederation, Nov. 25, 1850, Art. II., (11 U. S. Stat. at L., 587,) the members of either nation residing in the other are free from personal military service, but are liable to the pecuniary or material contributions chargeable on ex. empt citizens.
Heffter, Droit International, $ 62, p. 125. Papers Relating to Foreign