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embargo whatsoever, nor to any charges or imposts other than those exacted from the nationals. In the same manner, during the interruption of peace, neither shall debts owed by private persons, nor the government bonds, nor bank shares or any other kind of stock be attached, seized or confiscated to the detriment of the respective citizens and benefit of the country of their residence.
ARTICLE XXXVII The Peruvian Republic and the Republic of Cuba agree to recognize the following principles in case of war between either of them with a third nation:
1. The vessels of that one of the two contracting parties which shall remain neutral, shall be able to navigate freely from hostile ports and places to neutral ports and places, or from a neutral port or place to a hostile port or place, or from a hostile port or place to another hostile port or place, excepting such ports and places as may be blockaded; and in all these cases any property on board of such vessels shall be free whoever shall be its owner, excepting contraband of war. Every person on board of the neutral vessel shall be equally free, even although such person be a citizen of the hostile nation, provided he is not in the actual service of the hostile government, nor bound for such service.
2. The persons and property of the citizens of that one of the two contracting parties which shall remain neutral, shall, in case of war by the other, be free from all detention and confiscation, even although they shall be found on board of a hostile vessel, unless such persons shall be in the enemy's service or bound for the same, or unless the property shall be of such a description as constitutes contraband of war.
3. The stipulations contained in this article, declaring that the flag covers property and persons, shall be applied only to those Powers which already recognize or which in the future shall recognize this principle, and not to any others.
ARTICLE XXXVIII The freedom of commerce and navigation stipulated in the previous clauses shall be extended to all kinds of merchandise, excepting only those articles classified as contraband of war, a denomination in which are comprised:
1. The cannon, mortars, guns, rifles, carbines, pistols, swords, sabres,
grenades and bombs, gunpowder, dynamite and all other explosive substances known to be for use in war; fuses, cannon balls, torpedoes and everything else pertaining to the use of such arms.
2. Shields, helmets and garments made in form and for military use. 3. Cartridge-belts and horses and their harnesses; and
4. All species of offensive and defensive arms, made of iron, steel, bronze, copper and other materials expressly manufactured, prepared or shaped to wage war either on land or upon the sea.
Any other merchandise or objects not included among those expressly enumerated in the preceding article, shall be considered as matter of free and legitimate commerce: they shall be carried and transported, freely, by the citizens of the two contracting states, to ports or places belonging to the enemy, excepting only such as shall be, at that time, besieged or blockaded, surrounded or attacked by a force strong enough to prevent neutrals from entering the same.
The merchandise and objects enumerated and classified as contraband of war, which shall be found on board a vessel bound for any hostile port or place, shall be subject to detention and confiscation, leaving the rest of the cargo and the vessel itself free and at the disposal of their owners. No vessel belonging to any of the contracting parties shall be detained on the high seas on account of having on board merchandise and objects of contraband of war, provided the captain or supercargo of said vessel shall deliver the merchandise and objects of contraband of war to the captor. If the bulkiness or quantity of such merchandise and objects should render it impossible to receive them on board the capturing ship, the vessel shall be sent to a convenient, im. mediate and secure port to be there tried according to law.
The Republic of Peru and the Republic of Cuba recognize the right which each of them reserves unto itself in case of war with a third Power, to visit and examine the ships and their cargoes of the two contracting parties on the high seas. In order to prevent disorders during the visiting and examining procedure they agree that whenever an armed vessel of the belligerent party shall meet with a neutral vessel of the other party, the former shall remain at the farthest distance consistent with the possibility and certainty of executing the visit upon the latter, the circumstances of wind and sea being considered; and shall send one of her small boats, with no other persons on board than those necessary to man the same, in order to make the inspection of the papers relative to the ownership and cargo of the vessel. In no case shall it be required that the neutral party shall go on board the armed vessel in order to exhibit her documents, nor for any other purpose; and the commanders of the armed vessels shall be held responsible, with their persons and property, for the damages and injuries which they shall wilfully cause to the neutral.
ARTICLE XLII The high contracting parties are of accord that, in case one of them shall be engaged in war, every vessel of the other shall be provided with sea-letters, letters-patent or passports, in which shall be stated the name and size of the vessel and the name, nationality and residence of her owners, in order that it shall appear from them that the vessel belongs to citizens of the neutral party. They are equally of accord that, besides the sea-letters, letters-patent, or passports, the vessels shall carry manifests or certificates issued by the authorities of the port of sailing. In order to ascertain whether there are on board prohibited effects or contraband of war, these manifests or certificates shall contain the details of their cargo and state the place where the same was shipped. Without these manifests and certificates the vessel may be detained, in order to subject her to the proper court having jurisdiction, or to declare her a legal prize, unless it shall be proved that the omission was due to accident, or shall be replaced instead by a testimonial to the satisfaction of the aforesaid court.
ARTICLE XLIII Both states agree that the stipulations contained in the present treaty, relative to the examining and visiting of neutral merchant vessels, shall be applicable only to those which shall navigate without convoy; the written declaration of the commander upon his word of honor stating that the vessel under his command belongs to the nation whose flag they carry being sufficient in other cases; and whenever they shall be bound for a hostile port, upon the written declaration of the commander upon his word of honor that they do not carry contraband of war.
ARTICLE XLIV Considering that it frequently happens that vessels will navigate towards a port or place belonging to the enemy not knowing that such are besieged or blockaded, the high contracting parties agree that, all vessels which shall be found in such condition, may be prevented from entering the port, but neither the vessel herself nor any part of her cargo which is not contraband of war shall be detained or confiscated; unless said vessel shall again attempt an entry after having been apprised of the blockade and siege by the commander of one of the blockading vessels, by means of a notation made by himself on the charter of the merchant vessel, mentioning the date and latitude or longitude in which said notation was made, and saving, as to the cargo, the case in which the latter shall belong to a person different from the owner of the ship, and said owner shall succeed in proving that he had no knowledge of the violation of the blockade.
No vessel of either of the contracting parties, which shall have entered a port before its being besieged, blockaded or attacked by the other party, shall be prevented from unloading her cargo; nor be subject with it to confiscation or to any demand whatsoever, on account of being there before or after the reduction or surrender; but the owners shall be undisturbed in the peaceful possession of their property. If a vessel which entered the port before the blockade had been established should afterwards take on board a cargo, she shall be apprised by the blockading forces of the necessity of returning to the said port and leaving her cargo there. If after having received this notice, she should persist in departing with her cargo, she shall expose herself, without responsibility to the blockading party, to the same consequences as the vessel is exposed which attempts to enter the port, after receipt of the proper notice from the blockading forces.
It is stipulated that prize causes shall be decided by special courts created for that purpose by the respective laws of each republic; and that these courts shall be the only ones that shall take cognizance of such causes. Whenever the aforesaid courts of either party shall render any decision relating to any vessel, effects or property, claimed by citizens of the other party, the sentence or decision shall set forth the reasons or causes upon which the court shall rest the same; and an authenticated copy of the sentence or of all the record, provided the legal fees are paid, shall be delivered to the commander or agent of said vessel or property, if they should thus request it.
ARTICLE XLVII The contracting states desiring to maintain firm and lasting their friendly relations, are of accord and agree that if any citizen or citizens of either contracting party, shall infringe any of the articles of this treaty or any one or some of the stipulations existing between the two countries, the infringer or infringers shall be held personally responsible for the infraction, without thereby disturbing or interrupting the harmony and friendly relations between the two republics, which by these presents pledge themselves not to protect the infringers nor to authorize in any sense said infractions.
Nothing contained in this treaty shall be construed in any manner to produce an effect contrary to the treaties previously concluded with other nations and still in force.
ARTICLE XLIX The controversies that may arise over the interpretation or execution of this compact or consequences which may follow its possible violations, shall be submitted, when the means for a direct settlement through diplomatic channel shall be exhausted, to the Permanent Court of Arbitration at The Hague; it being well understood, that, in case one of the two high contracting parties shall thus prefer it, the arbitration shall take place before the chief magistrate of a friendly state, or before arbiters selected, without limitation, from the lists of the aforesaid Permanent Court of Arbitration at The Hague.
The present treaty shall be perpetual with regard to the stipulations in Article I; and with regard to all others, it shall extend for a term