aid effects in their hands, as they might in those
of any other individual whatever, and proceed to obtain sale of them,
till payment of what shall be lawfully due to them. When the debts
shall not have been contracted by judgment, deed, or note, the signature
whereof shall be known, payment shall not be ordered, but on the
creditor's giving sufficient surety resident in the country, to refund
the sums he shall have unduly received, principal, interest, and costs;
which surety, nevertheless, shall stand duly discharged after the
term of one year, in time of peace, and of two, in time of war, if the
discharge cannot be formed before the end of this term, against the*
representatives who shall present themselves.
And in order that the representatives may not be unjustly kept out of
the effects of the deceased, the Consuls and Vice-Consuls shall notify
his death in some one of the gazettes published within their consulate,
and that they shall retain the said effects in their hands four months,
to answer all just demands which shall be presented; and they shall be
bound, after this delay, to deliver to the persons succeeding thereto,
what shall be more than sufficient for the demands which shall have been
formed.
Article VI. The Consuls and Vice-Consuls, respectively, shall receive
the declarations, protests, and reports of all captains and masters of
their respective nations, on account of average losses sustained at sea;
and these captains and masters shall lodge in the chancery of the said
Consuls and Vice-Consuls, the acts which they may have made in other
ports, on account of the accidents which may have happened to them on
their voyage. If a subject of the M. C. K. and a citizen of the United
States, or a foreigner, are interested in the said cargo, the average
shall be settled by the tribunals of the country, and not by the Consuls
or Vice-Consuls; but when only the subjects or citizens of their own
nation shall be interested, the respective Consuls or Vice-Consuls shall
appoint skilful persons to settle the damages and average.
Article VII. In cases where by tempest, or other accident, French ships
or vessels shall be stranded on the coasts of the United States, and
ships or vessels of the United States shall be stranded on the coasts of
the dominions of the M. C. K.,the Consul or Vice-Consul nearest to the
place of shipwreck shall do whatever he may judge proper, as well
for the purpose of saving the said ship
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