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1592. ARTICLE X.
The surrender shall be made by executives of the contracting partis. respectively.
1593. ARTICLE XI. The expense of detention and delivery effected pursuant to the pre ceding 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 datt 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),
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 Subme Porte and citizens of the United States, the parties shall not be eard, nor shall judgments be pronounced, unless the American Dragolan be present. Causes in which the sum may exceed five hundred iasters shall be submitted to the Sublime Porte, to be decided accordng to the laws of equity and justice. Citizens of the United States of Imerica, quietly pursuing their commerce, and not being charged or onvicted of any crime or offense, shall not be molested; and even when hey may have committed some offense they shall not be arrested and ut in prison by the local authorities, but they shall be tried by their sinister or Consul, and punished according to their offense, following, n 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.
1599. ARTICLE IX. 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 doec not interfere with the immunities specified by the treaties, and which will continue to protect the person and the movable property of foreigas who may become owners of real estate.
1 See on the interpretation of this article United States Treaties (1887), pp. 1368 and following.
As the exercise of this right of possessing real property may indo foreigners to establish themselves in larger numbers in the Ottoma Empire, the Imperial Government thinks it proper to anticipate and t: prevent the difficulties to which the application of this law may ginu rise in certain localities. Such is the object of the arrangements whic follow.
The domicile of any person residing upon the Ottoman soil being intiolable, 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 Consnl 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 inclosures, to the exclusion of all other parts of the property.
In the localities distant by less than nine hours' journey from the Coosular 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 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 tte departure of his delegate, so that the action of the authorities may nefer be suspended more than twenty-four hours.
In the localities distant by nine hours or more than nine hours of travel from the residence of the Consular Agent, the agents of the public force may, on the request of the local authority, and with the assistance of three members of the Council of the 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 attemptat 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 offense 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 piasters as for offenses entailing a fine of five hundred piasters 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 co-operation 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, in whatever locality they may be, may freely submit themselves to the jurisdiction of the Council of Elders or of the tribunal of the canton without the assistance of the Consul in cases which do not exceed the competency of these councils or tribunals, reserving always the right of appeal before the tribunal of the arrondissement, where the
case may be brought and tried with the assistance of the Consul or bis Delegate.
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 defense 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.
Treaty concluded February 4, 1859 (Friendship, Commerce, and Nariga
In the event of any citizen of either of the two contracting parties dying without will or testament in the territory of the other contracting party, the Consul-General, Consul, or Vice-Consul of the nation to which the deceased may belong, or, in his absence, the representative of such Consul-General, Consul, or Vice-Consul, shall, so far as the laws of each country will permit, take charge of the property which the deceased may have left, for the benefit of his lawful heirs and creditors, until an executor or administrator be named by the said Consul-General, Consul, or Vice-Consul, or his representative.
1602. ARTICLE XII. It shall be free for each of the two contracting parties to appoint Consuls for the protection of trade, to reside in 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;