The said Consular Officer shall have the right to appear personally or by delegate, in all proceedings on behalf of the absent or minor heirs, or creditors, until they are duly represented.

1584. ARTICLE XVI.

The present convention shall not be applicable to colonies of either of the high contracting parties and shall not take effect until the twentieth day after its promulgation in the manner prescribed by the laws of the two countries.

It shall remain in force for five years from the date of the exchange of ratifications.

In case neither of the contracting parties shall have given notice twelve months before the expiration of the said period, of its desire to terminate this convention, it shall remain in force for one year longer, and so on from year to year, until the expiration of a year from the day on which one of the parties shall have given such notice for its termination.

NEW GRANADA.

(See COLOMBIA.)

NICARAGUA.

Treaty concluded June 21, 1867 (Friendship, Commerce, and Navigation.)

If any citizen of the two high contracting parties shall die without a will or testament in any of the territories of the other, the Minister or Consul, or other Diplomatic Agent, of the nation to which the deceased belonged (or the representative of such Minister or Consul, or other Diplomatic Agent, in case of absence), shall have the right to nominate curators to take charge of the property of the deceased, so far as the laws of the country will permit, for the benefit of the lawful heirs and creditors of the deceased, giving proper notice of such nomination to the authorities of the country.

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1586. ARTICLE X.

It shall be free for each of the two high contracting parties to appoint Consuls for the protection of trade, to reside in any of the territories of the other party. But before any Consul shall act as such, he shall, in the usual form, be approved and admitted by the Government to which he is sent; and either of the high contracting parties may except from the residence of Consuls such particular places as they judge fit to be excepted.

The Diplomatic Agents of Nicaragua and Consuls shall enjoy in the territories of the United States whatever privileges, exemptions, and immunities are or shall be allowed to the agents of the same rank belonging to the most favored nations; and in the like manner the Diplomatic Agents and Consuls of the United States in Nicaragua shall enjoy, according to the strictest reciprocity, whatever privileges, exemptions, and immunities are or may be granted in the Republic of Nicaragua to the Diplomatic Agents and Consuls of the most favored nations.

Convention concluded December 22, 1871 (Friendship, Commerce, and Extradition).

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1587. ARTICLE V.

The contracting parties give to each other the privilege of having, each in their respective States, Consuls and Vice-Consuls of their own appointment, who shall enjoy the same privileges as those of the most favored nation.

But before any Consul or Vice-Consul shall act as such, he shall, in the ordinary form, be approved by the Government of the country in which his functions are to be discharged.

In their private and business transactions Consuls and Vice-Consuls shall be submitted to the same laws and usages as private individuals, citizens of the place in which they reside.

It is hereby understood that in case of offense against the laws by a Consul or Vice-Consul, the Government from which [he received] his

exequatur may withdraw the same, send him away from the country, or have him punished in conformity with the laws, assigning to the other Government its reason for so doing.

The archives and papers belonging to the Consulates shall be inviolate, and under no pretext whatever shall any magistrate or other functionary inspect, seize, or in any way interfere with them.

1588. ARTICLE VI.

Neither of the contracting parties shall impose any higher or other duties upon the importation, exportation, or transit of the natural or industrial products of the other than are or shall be payable upon the like articles being the produce of any other country.

1589. ARTICLE VII.

Each of the contracting parties hereby engages not to grant any favor in commerce to any nation which shall not immediately be enjoyed by the other party.

1590. ARTICLE VIII.

The United States of America and the Orange Free State, on requisitions made in their name through the medium of their respective Diplomatic or Consular Agents, shall deliver up to justice persons who, being charged with the crimes enumerated in the following article, committed within the jurisdiction of the requiring party, shall seek asylum or shall be found within the territories of the other.

Provided, That this shall be done only when the fact of the commission of the crime shall be so established as to justify their apprehension and commitment for trial, if the crime had been committed in the country where the persons so accused shall be found.

1591. ARTICLE IX.

Persons shall be delivered up, according to the provisions of this convention, who shall be charged with any of the following crimes, to wit: Murder (including assassination, parricide, infanticide, and poisoning), attempt to commit murder, rape, forgery, or the emission of forged papers, arson, robbery with violence, intim [id]ation or forcible entry of an inhabited house, piracy; embezzlement by public officers, or by persons hired or salaried to the detriment of their employers, when these crimes are subject to infamous punishment.

1592. ARTICLE X.

The surrender shall be made by executives of the contracting parties, respectively.

1593. ARTICLE XI.

The expense of detention and delivery effected pursuant to the preceding articles shall be at the cost of the party making the demand.

1594. ARTICLE XII.

The provisions of the aforegoing articles relating to the surrender of fugitive criminals shall not apply to offenses committed before the date hereof, nor to those of a political character.

1595. ARTICLE XIII.

The present convention is concluded for the period of ten years, from the day of the exchange of the ratifications, and if one year before the expiration of that period neither of the contracting parties shall have announced, by an official notification, its intention, to the other, to arrest the operations of the said convention, it shall continue binding for twelve months longer, and so on from year to year, until the expiration of the twelve months, which will follow a similar declaration, whatever the time at which it may take place.

THE OTTOMAN PORTE.

Treaty concluded May 7, 1830 (Commerce and Navigation).

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1596. ARTICLE II.

The Sublime Porte may establish Shahbenders (Consuls) in the United States of America, and the United States may appoint their citizens to be Consuls or Vice-Consuls at the commercial places in the dominions of the Sublime Porte where is shall be found needful to superintend the affairs of commerce. These Consuls or Vice-Consuls shall be furnished with berats or firmans; they shall enjoy suitable distinction, and shall have necessary aid and protection.

1597. ARTICLE IV.

If litigations and disputes should arise between subjects of the Sublime Porte and citizens of the United States, the parties shall not be heard, nor shall judgments be pronounced, unless the American Dragoman be present. Causes in which the sum may exceed five hundred piasters shall be submitted to the Sublime Porte, to be decided according to the laws of equity and justice. Citizens of the United States of America, quietly pursuing their commerce, and not being charged or convicted of any crime or offense, shall not be molested; and even when they may have committed some offense they shall not be arrested and put in prison by the local authorities, but they shall be tried by their Minister or Consul, and punished according to their offense, following, in this respect, the usage observed towards other Franks.1

1598. ARTICLE V.

American merchant-vessels that trade to the dominions of the Sublime Porte may go and come in perfect safety with their own flag; but they shall not take the flag of any other power, nor shall they grant their flag to the vessels of other nations and powers, nor to the vessels of rayahs. The Ministers, Consuls, and Vice-Consuls of the United States shall not protect, secretly or publicly, the rayahs of the Sublime Porte, and they shall never suffer a departure from the principles here laid down and agreed to by mutual consent.

If any merchant-vessel of either the contracting parties should be wrecked, assistance and protection shall be afforded to those of the crew that may be saved, and the merchandise and effects which it may be possible to save and recover shall be conveyed to the Consul nearest to the place of the wreck, to be by him delivered to the proprietors.

Protocol concluded August 11, 1874 (Right of Foreigners to hold real estate in the Ottoman Empire).

1600. PROTOCOL.

The law granting foreigners the right of holding real estate does not interfere with the immunities specified by the treaties, and which will

See on the interpretation of this article United States Treaties (1887), pp. 1368 and following.