and shall render account thereof to the nearest consul or the secretary of legation of the nation of the foreigners entitled, and shall deliver and pay to him that which belongs to such members of his nation as do not appear to claim the same. Suggested by the consular convention between France and Portugal, July 11, 1866, Art. VIII., (9 De Clercq, 582,) and the convention between France and Austria, for the regulation of successions, December 11, 1866, Art. III., (9 De Clercq, 675,) which also provide that if in such case the nearest consular officer appears, either in person or by delegate, in the place of administration, the local authorities who have intervened must comply with the requirements giving him the right to act. By the treaty between France and Peru, March 9, 1861, Art. XXXVII., subd. 5, (8 De Clercq, 193,) the payment of the assets to the consul is without prejudice to the right of creditors subequently presenting themselves within the time prescribed by the statute of limitations of the country to which the decedent belonged. Notice to be given of successions in which forers are interested. 343. If a foreigner, absent or incompetent, is interested, by succession or will, in the property, movable or immovable, of any deceased person whomsoever, which is subject to the administration of a nation, the local authorities must notify the existence of the property to the nearest consul of the nation of the foreigner interested, and render account of the administration thereof, as prescribed in the last article. Suggested by the convention between France and Austria, for the regulation of successions, Dec. 11, 1866, Art. III., 9 De Clercq, 675. The treaty between the United States and The Two Sicilies, Oct. 1, 1855, Art. VII., (11 U. S. Stat. at L., 639,) provides, that in the absence of the heir entitled to succeed under the treaty, or his representatives, the consul shall have notice from the judicial authority, of the time of imposing or removing seals, and making inventory, and may assist thereat. Secretary of legation to act if there be no consul. 344. If there be no consul of the proper nation, who can act under the provisions of this Chapter, the secretary of legation of the same nation shall receive the notice and exercise the powers herein prescribed for consuls. CHAPTER XXVII. WRECKS. Other treaties, containing similar provisions to those cited below, will be found. See 7 De Clercq, 10, 362, 586; 8 Id., 193; 10 U. S. Stat. at L., 87, Art. X.; (Tr..) 71, Art. XI.; 9 Id., 55, Art. IV.; 67, Art. IV.; 79, Art. XI.; 8 Id., 560, 534, Art. XI.; British Accounts and Papers, 1866, vol. LXXVI., (38.) See, also, United States Consular Regulations. (1870,) ¶¶ 209–218, and Treaties in Appendix. ARTICLE 345. Duty of a nation to succor and protect. 346. Notice of wreck to consul of the ship's nation. 347. Power of consul or local authorities over wrecks. 348. Interference of local authorities restricted. 349. Property exempt from duties. 350. Local charges restricted. 351. Authorizing sale of wrecked property. 352. Ancient rule of wreck abolished. 353. Property to be restored to owner. 354. Duty of nation to provide for care of 355. Official sales. Duty of a nation to succor and protect. 345. It is the duty of every nation to receive and protect foreigners, members of any nation whatever, and foreign ships, public or private, wrecked or damaged on its coasts, or within its jurisdiction, or seeking refuge there from distress or perils of the sea, and allow them freely to prepare for and continue their voyages. Such ships, and the persons and property therein, must receive the same succor, and be subject to the same charges, salvage, or other burdens as domestic ships in like cases.' This article and the next are in substance from the treaties between the United States and Similar provisions are contained in the treaty between France and Honduras, February 22, 1856, Art. XII., (7 De Clercq, 10.) See, also, treaty be tween France and Nicaragua, April 11, 1859, Art. XII., (7 Id., 586.) These provisions have been extended to ships of whatever nationality, because it is the interest of each nation that their members should be succored in distress, without reference to the nationality of the ship. ? Provisions exempting ships of either nation on the coasts of the other, or driven into ports of distress, from all charges except those of pilotage, light-house dues, and others representing the compensation of private industry, provided that the vessels do not lade or unlade cargo, are contained in the treaty between France and San Salvador, Jan. 2, 1858, Art. XIV., 7 De Clercq, 362. Somewhat similar provisions as to freedom from charges are contained in the treaty between France and New Granada, May 15, 1856, Art. XV., 7 De Clercq, 102. A declaration relative to the treatment of ships driven into ports of distress, made between France and Hanover, April 10, 1856, (7 De Clercq. 86,) provides, that such ships shall be exempt from dues of the port or of navigation, if the necessity is real and evident, and if the ship does no commerce-discharge of cargo merely for the purpose of repairs, not being considered as such-and provided that the ship does not unnecessarily prolong its stay. Upon the same conditions, the treaty between the United States and The Two Sicilies, October 1, 1855, Art. XVI., (11 U. S. Stat. at L., 639,) secures to foreign ships the same treatment as domestic ships. The doctrine is supported also by the opinion of the United States Attorney-General, in the case of The Creole, 4 Opinions of U. S. AttorneysGeneral, p. 98; also, in Cases and Opinions in Constitutional Law, by Forsyth, p. 400, in which he says: The principle is, that if a vessel be driven by stress of weather, or forced by ris major, or, in short, be compelled by any overruling necessity to take refuge in the ports of another, she is not considered as subject to the municipal law of that other, so far as concerns any penalty, prohibition, tax, or incapacity that would otherwise be incurred by entering the ports, provided she do nothing further to violate the municipal law during her stay. Notice of wreck to consul of the ship's nation. 346. In case of the wreck, stranding or distress of a foreign ship, public or private, on the coasts of a nation, or on navigable waters within its jurisdiction, if the nationality of the ship be known, the local authorities must immediately notify the fact to the consul of the nation to which the ship or wreck belongs, resident within the district; or, if there be none, then to the nearest consul; or, if none, to the secretary of legation of such nation, who, in the absence of the consul, shall have the powers conferred on consuls by this Chapter. This and the three following articles are suggested by the convention between the United States and Italy, Feb. 8, 1868, Art. XV., 15 U. S. Stat. at L., (Tr.,) 185. XI., 10 Id., 998. Treaty of navigation between France and Sweden and Norway, Feb. 14, 1865, 9 De Clercq, 172. Treaty of commerce and navigation between France and Power of consul or local authorities over wrecks. 347. The consul of the nation to which the ship belongs,' and, in his absence and until his arrival, the local authorities may, for the purpose of saving it and the persons and property on board, take possession of the ship, and, if it be a private ship, may for the same purpose take command over the master, or other person having charge thereof. Suggested by the British Merchant Shipping Act, 17 and 18 Vict., c. 104, Part VIII., qualified by giving the consul the prior right. 1 The consular convention between France and Portugal, July 11, 1866, Art. XIV., (9 De Clercq, 502,) which contains the same provision, adds, that in case of doubt respecting the nationality of the ship, the care of the wreck is subject to the exclusive direction of the local authorities. 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 subject 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 Austria, Dec. 11, 1866, Art.XIV., 9 De Clercq, 669. Treaty between the United States and Peru, July 26, 1851, Art. XVI., 10 U. S. Stat. at L., 933. ' Treaty between the United States and The Two Sicilies, Oct. 1, 1855, Art. XVII., 11 U. S. 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 |