States, from whatever country, will be subject to no other duties or imposts than those which shall be collected upon merchandise imported into France from countries of its origin, or from any other country in French vessels: Now therefore, I, ULYSSES S. GRANT, President of the United States Discriminat ing of America, by virtue of the authority vested in me by law, do hereby duties on merchandeclare and proclaim that on and after the first day of October next, so French vessels disdise imported in long as merchandise imported into France in vessels of the United States, continued. whether from the countries of its origin or from other countries, shall be R. S., §§ 2502, admitted into the ports of France on the terms aforesaid, the discrim- 4228. inating duties heretofore levied upon merchandise imported into the United States in French vessels either from the countries of its origin, or from any other country, shall be and are discontinued and abolished. [September 22, 1873.] 1874-NUMBER 7. [DECLARING LAW PASSED BY NEWFOUNDLAND GIVING EFFECT TO CERTAIN PROVISIONS OF THE TREATY OF WASHINGTON.] Preamble. Act of United States. Act of United States. Act of Newfoundland. Whereas by the thirty-third article of a treaty concluded at Washington on the 8th day of May, 1871, between the United States and Her Britannic Majesty, it was provided that "Articles XVIII to XXV, inclusive, and Article XXX of this treaty, shall take effect as soon as the laws required to carry them into operation shall have been passed by the Imperial Parliament of Great Britain, by the Parliament of Canada, and by the Legislature of Prince Edward's Island, on the one hand, and by the Congress of the United States, on the other:" And whereas it is provided by Article XXXII of the treaty aforesaid "that the provisions and stipulations of Articles XVIII to XXV of this treaty, inclusive, shall extend to the colony of Newfoundland, so far as they are applicable. But if the Imperial Parliament, the Legislature of New foundland, or the Congress of the United States, shall not embrace the colony of Newfoundland in their laws enacted for carrying the foregoing articles into effect, then this article shall be of no effect; but the omission to make provision by law to give it effect, by either of the legislative bodies aforesaid, shall not in any way impair any other articles of this treaty :" And whereas by the second section of an act, entitled (1) "An Act to carry into effect the provisions of the treaty between the United States and Great Britain, signed in the city of Washington the 8th day of May, eighteen hundred and seventy-one, relating to the fisheries," it is provided: "That whenever the colony of Newfoundland shall give its consent to the application of the stipulations and provisions of the said articles eighteenth to twenty-fifth of said treaty, inclusive, to that colony, and the Legislature thereof and the Imperial Parliament shall pass the necessary laws for that purpose, the above-enumerated articles, being the produce of the fisheries of the colony of Newfoundland, shall be admitted into the United States free of duty, from and after the date of a proclamation by the President of the United States, declaring that he has satisfactory evidence that the said colony of Newfoundland has consented, in a due and proper manner, to have the provisions of the said articles eighteenth to twenty fifth, inclusive, of the said treaty extended to it, and to allow the United States the full benefits of all the stipulations therein contained, and shall be so admitted free of duty so long as the said articles eighteenth to twenty-fifth, inclusive, and article thirtieth of said treaty, shall remain in force, according to the terms and conditions of article thirty third of said treaty:" NOTE. (1) The provisions of the second section of the act of 1873, 213 (17 Stat. L., 482), here referred to, are incorporated into the Revised Statutes, forming the last part of § 2506, and thereafter fish-oil and fish, the product of the fisheries of Newfoundland, are admitted free of duty, as therein provided. Protocol. Act of United States L., 482). PROCLAMATIONS, 1874.- MAY 29; No. 7. And whereas the Secretary of State of the United States and Her Bri tannic Majesty's Envoy Extraordinary and Minister Plenipotentiary at Washington have recorded in a protocol of a conference held by them in the Department of State in Washington on the 28th day of May, 1874, at the following language: Proctocol of a conference held at Washington on the twenty-eighth day of May, one thousand eight hundred and seventy-four. Whereas it is provided by Article XXXII of the treaty between the United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, signed at Washington on the 8th of May, 1871, as follows: "ARTICLE XXXII. "It is further agreed that the provisions and stipulations of Articles XVIII to XXV of this treaty, inclusive, shall extend to the colony of Newfoundland, so far as they are applicable. But if the Imperial Parliament, the Legislature of Newfoundland, or the Congress of the United States, shall not embrace the colony of Newfoundland in their laws enacted for carrying the foregoing articles into effect, then this article shall be of no effect; but the omission to make provision by law to give it effect, by either of the legislative bodies aforesaid, shall not in any way impair any other articles of this treaty:" 1873, ch. 213 (17 Stat. United States of America in Congress assembled and approved on the first day of And whereas an act was passed by the Senate and House of Representatives of the R. S., § 2506. March, 1873, by the President of the United States, entitled (1) "An act to carry into effect the provisions of the treaty between the United States and Great Britain signed in the city of Washington the eighth of May, 1871, relating to fisheries," by which act it is provided: Act of Newfoundland. Articles of treaty in force (17 Stat. L., 482). Laws declared "Section 2. That whenever the colony of Newfoundland shall give its consent to the application of the stipulations and provisions of the said articles eighteenth to twentyfifth of said treaty, inclusive, to that colony, and the Legislature thereof and the Im perial Parliament shall pass the necessary laws for that purpose, the above enumer ated articles, being the produce of the fisheries of the colony of Newfoundland, shall be admitted into the United States free of duty from and after the date of a procla mation by the President of the United States, declaring that he has satisfactory evidence that the said colony of Newfoundland has consented, in a due and proper manner, to have the provisions of the said articles eighteenth to twenty-fifth, inclusive, of the said treaty extended to it, and to allow the United States the full benefits of all the stipulations therein contained, and shall be so admitted free of duty, so long as the said articles eighteenth to twenty-fifth, inclusive, and article thirtieth, of said treaty, shall remain in force, according to the terms and conditions of article thirtythird of said treaty:" And whereas an act was passed by the Governor, Legislative Council, and Assembly of Newfoundland, in legislative session convened, in the thirty-seventh year of Her Majesty's reign, and assented to by Her Majesty on the twelfth day of May, 1874, intituled "An Act to carry into effect the provisions of the treaty of Washington as far as they relate to this colony:" Right Honorable Sir Edward Thornton, one of Her Majesty's most honorable Privy The undersigned, Hamilton Fish, Secretary of State of the United States, and the Council, Knight Commander of the most honorable Order of the Bath, Her Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary to the United States of America, duly authorized for this purpose by their respective governments, having met together at Washington, and having found that the laws required to carry the Articles XVIII to XXV, inclusive, and Articles XXX and XXXII, of the treaty aforesaid into operation, have been passed by the Congress of the United States on the one part, and by the Imperial Parliament of Great Britain, by the Parliament of Canada, and by the Legislature of Prince Edward's Island and the Legislature of Newfoundland on the other, hereby declare that Articles XVIII to XXV, inclusive, and Article XXX, of the treaty between the United States of America and Her Britannic Majesty shall take effect in accordance with Article XXXIII of said treaty between the citizens of the United States of America and Her Majesty's subjects in the colony of Newfoundland, on the first day of June next. In witness whereof the undersigned have signed this proctocol, and have hereunto affixed their seals. Done in duplicate at Washington, this twenty-eighth day of May, 1874. HAMILTON FISH. [L. S.] [L. 8.] Now, therefore, I, ULYSSES S. GRANT, President of the United States passed, giving ef- of America, in pursuance of the premises, do hereby declare that I have fect to provisions received satisfactory evidence that the Imperial Parliament of Great Britain and the Legislature of Newfoundland have passed laws on their part to give full effect to the provisions of the said treaty, as contained in articles eighteenth to twenty-fifth, inclusive, and article thirtieth of said treaty. [May 29, 1874.] of treaty. R. S., § 2506. 1874-NUMBER 10. [ACCEPTING FOR CITIZENS OF UNITED STATES RESIDING IN TURKISH DOMINIONS LAW OF OTTOMAN PORTE CEDING RIGHT TO FOREIGNERS TO HOLD IMMOVABLE PROP Preamble. Whereas, pursuant to the second section of the act of Congress approved the 23d of March last, entitled "An act to authorize the President to accept for citizens of the United States the jurisdiction of certain tribunals in the ch. 62, § 2. Ottoman dominions and Egypt, established or to be established under the authority of the Sublime Porte and of the government of Egypt," the Presi dent is authorized, for the benefit of American citizens residing in the Turkish dominions, to accept the recent law of the Ottoman Porte ceding the right of foreigners possessing immovable property in said dominions; And whereas, pursuant to the authority thus in me vested, I have authorized George H. Boker, accredited as Minister Resident of the United States to the Ottoman Porte, to sign, on behalf of this Government, the Protocol accepting the law aforesaid of the said Ottoman Porte; which Protocol and law are, word for word, as follows: [Translation.] The United States of America and His Majesty the Sultan being desirous to establish by a special act the agreement entered upon between them regarding the admission of American citizens to the right of holding real estate granted to foreigners by the law promulgated on the 7th of Sepher, 1284 (January 18, 1867), have authorized: The President of the United States of America, George H. Bøker, Minister Resident of the United States of America near the Sublime Porte, and His Imperial Majesty the Sultan, His Excellency A. Aarifi Pasha, his Minister of Foreign Affairs, to sign the Protocol which follows: PROTOCOL. The law granting foreigners the right of holding real estate does not interfere with the immunities specified by the treaties, and which will continue to protect the person and the movable property of foreigners who may become owners of real estate. As the exercise of this right of possessing real property may induce foreigners to establish themselves in larger numbers in the Ottoman Empire, the Imperial government thinks it proper to anticipate and to prevent the difficulties to which the application of this law may give rise in certain localities. Such is the object of the arrangements which follow. The domicile of any person residing upon the Ottoman soil being inviolable, and as no one can enter it without the consent of the owner, except by virtue of orders emanating from competent authority, and with the assistance of the magistrate or functionary invested with the necessary powers, the residence of foreigners is inviolable on the same principle, in conformity with the treaties, and the agents of the public force cannot enter it without the assistance of the consul or of the delegate of the consul of the power on which the foreigner depends. By residence we understand the house of inhabitation and its dependencies: that is to say, the out-houses, courts, gardens, and neighboring enclosures, to the exclusion of all other parts of the property. In the localities distant by less than nine hours' journey from the consular residence, the agents of the public force cannot enter the residence of a foreigner without the assistance of a consul, as was before said. On his part the consul is bound to give his immediate assistance to the local authority, so as not to let six hours elapse between the moment which he may be informed and the moment of his departure, or the departure of his delegate, so that the action of the authorities may never be suspended more than twenty-four hours. Protocol. Rights of foreigners to hold real estate in Ottoman Empire, &c. -as to domicile. Residence defined. -not to be entered by police without assistance of consul, when. Duty of consul.、 Residence; when In the localities distant by nine hours or more than nine hours of travel from the may be entered by po- residence of the consular agent, the agents of the public force may, on the request of lice with assistance of the local authority, and with the assistance of three members of the Council of the elders of commune. Application of regulations to residence. Beyond residence, action of police to be free, &c. Domiciliary visits to be under procès-verbal, &c. Special regulations. Cases in which for eigners are subject to jurisdiction of local officers without assist ance of consular delegate. -right of appeal. Execution not to be enforced without cooperation of consul, &c. Rules of procedure. Elders of the Commune, enter into the residence of a foreigner, without being assisted by the consular agent, but only in case of urgency, and for the search and the proof of the crime of murder, of attempt at murder, of incendiarism, of armed robbery either with infraction or by night in an inhabited house, of armed rebellion, and of the fabrication of counterfeit money; and this entry may be made whether the crime was committed by a foreigner or by an Ottoman subject, and whether it took place in the residence of a foreigner or not in his residence, or in any other place. These regulations are not applicable but to the parts of the real estate which constitute the residence, as it has been heretofore defined. Beyond the residence, the action of the police shall be exercised freely and without reserve; but in case a person charged with crime or offence should be arrested, and the accused shall be a foreigner, the immunities attached to his person shall be observed in respect to him. The functionary or the officer charged with the accomplishment of a domiciliary visit, in the exceptional circumstances determined before, and the members of the Council of Elders who shall assist him will be obliged to make out a procès-verbal of the domiciliary visit, and to communicate it immediately to the superior authority under whose jurisdiction they are, and the latter shall transmit it to the nearest consular agent, without delay. A special regulation will be promulgated by the Sublime Porte, to determine the mode of action of the local police in the several cases provided heretofore. In localities more distant than nine hours' travel from the residence of the consular agent, in which the law of the judicial organization of the Velayet may be in force, foreigners shall be tried without the assistance of the consular delegate by the Council of Elders fulfilling the function of justices of the peace, and by the tribunal of the canton, as well for actions not exceeding one thousand piastres as for offences entailing a fine of five hundred piastres only at the maximum. Foreigners shall have, in any case, the right of appeal to the tribunal of the arrondissement against the judgments issued as above stated, and the appeal shall be followed and judged with the assistance of the consul, in conformity with the treaties. The appeal shall always suspend the execution of a sentence. In all cases the forcible execution of the judgments, issued on the conditions determined heretofore, shall not take place without the cooperation of the consul or of his delegate. The Imperial government will enact a law which shall determine the rules of procedure to be observed by the parties, in the application of the preceding regulations. Foreigners may sub- Foreigners, in whatever locality they may be, may freely submit themselves to the mit to jurisdiction of jurisdiction of the Council of Elders or of the tribunal of the canton, without the elders and tribunals of assistance of the consul, in cases which do not exceed the competency of these councanton with right of cils or tribunals, reserving always the right of appeal before the tribunal of the arronappeal. dissement, where the case may be brought and tried with the assistance of the consul or his delegate. Foreigners may hold The consent of a foreigner to be tried as above stated, without the assistance of his consul, shall always be given in writing, and in advance of all procedure. It is well understood that all these restrictions do not concern cases which have for their object questions of real estate, which shall be tried and determined under the conditions established by the law. The right of defence and the publicity of the hearings shall be assured in all cases to foreigners who may appear before the Ottoman tribunals, as well as to Ottoman subjects. The preceding dispositions shall remain in force until the revision of the ancient treaties, a revision which the Sublime Porte reserves to itself the right to bring about hereafter by an understanding between it and the friendly Powers. In witness whereof the respective plenipotentiaries have signed the Protocol, and have affixed thereto their seals. Done at Constantinople the eleventh of August, one thousand eight hundred and seventy-four. (Signed:) A. AARIFI. [L. S.] (Signed:) GEO. H. BOKER. [L. 8.] [Translation.] Law conceding to foreigners the right of holding real estate in the Ottoman Empire. Imperial Rescript.-Let it be done in conformity with the contents. 7 Sepher, 1284, (January 18, 1867.) With the object of developing the prosperity of the country, to put an end to the difficulties, to the abuses, and to the uncertainties which have arisen on the subject of the right of foreigners to hold property in the Ottoman Empire, and to complete, in accordance with a precise regulation, the safeguards which are due to financial, interests and to administrative action, the following legislative enactments have been promulgated by the order of His Imperial Majesty, the Sultan: ART. I. Foreigners are admitted, by the same privilege as Ottoman subjects, and real estate the same as without any other restriction, to enjoy the right of holding real estate, whether in Ottoman subjects. the city or the country, throughout the empire, with the exception of the province of Hédjaz, by submitting themselves to the laws and the regulations which govern Ottoman subjects, as is hereafter stated. This arrangement does not concern subjects of Ottoman birth who have changed their nationality, who shall be governed in this matter by a special law. ART. II. Foreigners, proprietors of real estate, in town or in country, are in consequence placed upon terms of equality with Ottoman subjects in all things that concern their landed property. The legal effect of this equality is Arrangement does not concern Ottoman subjects who have changed nationality. Effect of such right is -to oblige them to 1st. To oblige them to conform to all the laws and regulations of the police or of the municipality which govern at present or may govern hereafter the enjoyment, the conform to the laws, transmission, the alienation, and the hypothecation of landed property. &c. 2d. To pay all charges and taxes under whatever form or denomination they may -to pay charges and be, that are levied, or may be levied hereafter, upon city or country property. taxes. &c. 3d. To render them directly amenable to the Ottoman civil tribunals in all ques--to render them tions relating to landed property, and in all real actions, whether as plaintiffs or as amenable to civil tridefendants, even when either party is a foreigner. In short, they are in all things to bunals in real actions, hold real estate by the same title, on the same condition, and under the same forms as Ottoman owners, and without being able to avail themselves of their personal nationality, except under the reserve of the immunities attached to their persons and their movable goods, according to the treaties. ART. III. In case of the bankruptcy of a foreigner possessing real estate, the assignees of the bankrupt may apply to the authorities and to the Ottoman civil tribunals requiring the sale of the real estate possessed by the bankrupt and which by its nature and according to law is responsible for the debts of the owner. The same course shall be followed when a foreigner shall have obtained against another foreigner owning real estate a judgment of condemnation before a foreign tribunal. In case of bankruptcy of holder of real estate; proceedings. For the execution of this judgment against the real estate of his debtor, he shall Execution of judg apply to the competent Ottoman authorities, in order to obtain the sale of that real ment against real es estate, which is responsible for the debts of the owner; and this judgment shall be tate. executed by the Ottoman authorities and tribunals only after they have decided that the real estate of which the sale is required really belongs to the category of that property which may be sold for the payment of debt. Real estate may be disposed of by will and ART. IV. Foreigners have the privilege to dispose, by donation or by testament, of that real estate of which such disposition is permitted by law. As to that real estate of which they may not have disposed, or of which the law otherwise in certain does not permit them to dispose by gift or testament, its succession shall be governed in accordance with Ottoman law. cases. ART. V. All foreigners shall enjoy the privileges of the present law as soon as the When privileges may Powers on which they depend shall agree to the arrangements proposed by the Sub- be enjoyed. lime Porte for the exercise of the right to hold real estate. Proclaimed by Now, therefore, be it known that I, ULYSSES S. GRANT, President of the United States of America, have caused the said Protocol and Law the President. to be made public for the information and guidance of citizens of the United States. [October 29, 1874.] 1876-NUMBER 3. [SUSPENDING CERTAIN JUDICIAL FUNCTIONS OF MINISTERS AND CONSULAR OFFICERS IN EGYPT.] Preamble. Certain judicial functions of ministers, consuls, Whereas by the first section of an Act entitled "An Act to authorize the "President to accept for citizens of the United States the jurisdiction of cer"tain tribunals in the Ottoman Dominions, and Egypt, established, or to be "established, under the authority of the Sublime Porte, and of the Govern"ment of Egypt," approved March 23, 1874, it was enacted as follows: "That whenever the President of the United States shall receive satisfac"tory information that the Ottoman Government, or that of Egypt, has or "ganized other tribunals on a basis likely to secure to citizens of the United "States, in their dominions, the same impartial justice which they now en"joy there under the judicial functions exercised by the Minister, Consuls, "and other functionaries of the United States, pursuant to the Act of Con"gress approved the twenty-second of June, eighteen hundred and sixty, en"titled 'An Act to carry into effect provisions of the treaties between the "United States, China, Persia and other countries, giving certain judical 666 powers to Ministers and Consuls, or other functionaries of the United March 27, 1876. 19 Stat. L., 662. Preamble. R. S., §§ 40834091, 4098-4121, 4125. 1874, March 23, ch. 62, § 1. |