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It is understood that the family is to consist only of the wife, the ildren, and the minor relatives dwelling under the same roof. Protection shall not be hereditary. A single exception, which was tablished by the convention of 1863, but which is not to create a preclent, shall be maintained in favor of the Benchimol family. Nevertheless, if the Sultan of Morocco shall grant another exception, ich of the contracting powers shall be entitled to claim a similar conssion.
1544. ARTICLE VII. Foreign representatives shall inform the Sultan's Minister of Foreign ffairs, in writing, of any selections of an employee made by them. They shall furnish annually to the said Minister a list of the names I the persons protected by them or by their Agents throughout the tates of the Sultan of Morocco.
This list shall be transmitted to the local authorities, who shall conider as persons enjoying protection only those whose names are contained herein.
1545. ARTICLE VIII. Consular Officers shall transmit each year to the authorities of the listrict in which they reside a list, bearing their seal, of the persons proected by them. These authorities shall transmit it to the Minister of foreign Affairs, to the end that, if it be not conformable to the regulaions, the Representatives at Tangier may be informed of the fact.
A Consular Officer shall be required to give immediate information of any changes that may have taken place among the persons protected by his Consulate.
1546. ARTICLE IX. Servants, farmers, and other native employees of native secretaries and interpreters shall not enjoy protection. The same shall be the case with Moorish employees or servants of foreign subjects.
Nevertheless, the local authorities shall not arrest an employee or servant of a native officer in the service of a Legation or Consulate, or of a foreign subject or protected person, without having notified the authority upon which he is dependent.
If a subject of Morocco in the service of a foreign subject shall kill or wound any person, or violate his domicile, he shall be arrested immediately, but the Diplomatic or Consular authority under which he is shall be notified without delay.
1547. ARTICLE X. Nothing is changed with regard to the situation of brokers, as established by the treaties and by the convention of 1863,* except what is stipulated, relative to taxes, in the following articles:
1548. ARTICLE XI. The right to hold property is recognized in Morocco as belonging to all foreigners.
The purchase of property must take place with the previous consent of the Government, and the title of such property shall be subject to the forms prescribed by the laws of the country.
Any question that may arise concerning this right shall be decided according to the same laws, with the privilege of appeal to the Minister of Foreign Affairs stipulated in the treaties.
1549. ARTICLE XII. Foreigners and protected persons who are the owners or tenants of cultivated land, as well as brokers engaged in agriculture, shall pay the agriculture tax. They shall send to their Consul annually an exact statement of what they possess, delivering into his hands the amount of the tax.
* Regulations (Translated from the French) relative to protection adopted by common consent by the Legation of France and the Government of Morocco, August 23 1863, referred to in Article 10.
Protection is individual and temporary.
It may apply to his family, that is to say, to his wife and children living under the same roof. It lasts at the longest for a person's lifetime and is never hereditary, with the single exception of the Benchimol family, which has furnished for several generations and still furnishes persons who act in the capacity of Brokers and interpreters for the post of Tangier.
Protected persons are divided into two classes.
The first class comprises natives employed by the Legation and by the various French consular officers.
The second class consists of native factors, brokers, or agents, employed by French merchants for their business affairs. It is proper here to refer to the fact that the term merchant is only applied to a person carrying on the import or export trade on a large scale, either in his own name or as the agent of others.
The number of native brokers enjoying French protection is limited to two for each commercial house.
By way of exception commercial firms having establishments in different ports may have two brokers attached to each of these establishments, who may as such enjoy French protection.
He who shall make a false statement shall be fined double the amount f the tax that he would regularly have been obliged to pay for the roperty not declared. In case of repeated offense this fine shall be oubled.
The nature, method, date, and apportionment of this tax shall form he subject of a special regulation between the Representatives of the Powers and the Minister of Foreign Affairs of His Shereefian Majesty.
1550. ARTICLE XIII. Foreigners, protected persons, and brokers owning beasts of burden ihall pay what is called the gate-tax. The apportionment and the manner of collecting this tax, which is paid alike by foreigners and natives, shall likewise form the subject of a special regulation between the Representatives of the Powers and the Minister of Foreign Affairs of His Shereefian Majesty.
The said tax shall not be increased without a new agreement with the Representatives of the Powers.
1551. ARTICLE XIV. The mediation of interpreters, native secretaries, or soldiers of the different Legations or Consulates, when persons are concerned who are under the protection of the Legation or Consulate, shall be permitted only when they are the bearers of a document signed by the head of a mission or by the Consular authority.
1552. ARTICLE XV. Any subject of Morocco who has been naturalized in a foreign country, and who shall return to Morocco, shall after having remained for a length of time equal to that which shall have been regularly necessary for him to obtain such naturalization, choose between entire submission to the laws of the Empire and the obligation to quit Morocco, unless it shall be proved that his naturalization in a foreign country was obtained with the consent of the Government of Morocco.
Foreign naturalization heretofore acquired by subjects of Morocco according to the rules established by the laws of each country, shall be continued to them as regards all its effects, without any restriction.
1553. ARTICLE XVI. No irregular or unofficial protection shall be granted in future. The authorities of Morocco will recognize no protection, of any kind whatever, save such as is expressly provided for in this convention.
Nevertheless, the exercise of the customary right of protection shall be reserved for those cases only in which it may be desired to reward signal services rendered by a native of Morocco to a foreign power, a for other altogether exceptional reasons.
The Minister of Foreign Affairs at Tangier shall be previously informed of the nature of the services, and notified of the intention to reward them, in order that he may, if need be, present his observations thereon: yet the final decision shall be reserved for the Government to which the service shall have been rendered.
The number of persons thus protected shall not exceed twelve for each power, and this number is fixed as the maximum unless the consent of the Sultan shall be obtained.
The status of persons who have obtained protection in virtue of the custom which is henceforth to be regulated by this stipulation shall be without limitation of the number of persons belonging to this class and now so protected, the same for themselves and their families as that which is established for other protected persons.
1554. ARTICLE XVII. The right to the treatment of the most favored nation is recognized by Morocco as belonging to all the powers represented at the Madrid conference.
Treaty concluded January 22, 1855 (Consular Privileges in Colonies).
1555. ARTICLE I. Consuls-General, Consuls, and Vice-Consuls of the United States of America will be admitted into all the ports in the transmarine possessions or colonies of the Netherlands which are open to the vessels of all nations.
1556. ARTICLE II. The Consuls-General, Consuls, and Vice-Consuls of the United States of America are considered as Commercial Agents, protectors of the mari. time commerce of their countrymen in the ports within the circumference of their Consular Districts.
They are subject to the laws, both civil and criminal, of the country which they reside, with such exceptions as the present convention ablishes in their favor.
1557. ARTICLE III. The Consuls-General and Consuls, before being admitted to exercise leir functions, and to enjoy the immunities attached thereto, must prent a commission, in due form, to the Government of His Majesty the ling of the Netherlands. After having obtained the exequatur, which shall be countersigned 3 promptly as possible by the governor of the colony, the said Consular gents shall be entitled to the protection of the Government, and to the ssistance of the local authorities, in the free exercise of their functions.
The Government, in granting the exequatur, reserves the right of vithdrawing the same, or to cause it to be withdrawn by the governor of the colony, on a statement of the reasons for doing so.
1558. ARTICLE IV. The Consuls-General and Consuls are authorized to place on the outer door of their Consulates the arms of their Government, with the inscription: “Consulate of the United States of America."
It is well understood that this outward mark shall never be considered as conferring the right of asylum, nor as having the power to exempt the house and those dwelling therein from the prosecution of the local justice.
1559. ARTICLE V. It is nevertheless understood that the archives and documents relating to the affairs of the Consulate shall be protected against all search, and that no authority or magistrate shall have the power, under any pretext whatever, to visit or seize them, or to examine their contents.
1560. ARTICLE VI.
The Consuls-General, Consuls, and Vice-Consuls shall not be invested with any diplomatic character.
When a request is to be addressed to the Netherlands Government, it must be done through the medium of the Diplomatic Agent residing at the Hague, if one be there.
The Consul may, in case of urgency, apply to the governor of the colony himself, showing the urgency of the case, and stating the reasons