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1586. ARTICLE X.
It shall be free for each of the two high contracting parties to appoin Consuls for the protection of trade, to reside in any of the territories the other party. But before any Consul shall act as such, he shall, i the usual form, be approved and admitted by the Government to who he is sent; and either of the high contracting parties may except fra the residence of Consuls such particular places as they judge fit tol excepted.
The Diplomatic Agents of Nicaragua and Consuls shall enjoy in s territories of the United States whatever privileges, exemptions, al immunities are or shall be allowed to the agents of the same rank belon ing to the most favored nations; and in the like manner the Diplomat Agents and Consuls of the United States in Nicaragua shall enjo according to the strictest reciprocity, whatever privileges, exemption and immunities are or may be granted in the Republic of Nicaragua the Diplomatic Agents and Consuls of the most favored nations.
ORANGE FREE STATE. Convention concluded December 22, 1871 (Friendship, Commerce, an
1587. ARTICLE V. The contracting parties give to each other the privilege of havin each in their respective States, Consuls and Vice-Consuls of their ow appointment, who shall enjoy the same privileges as those of the mo favored nation.
But before any Consul or Vice-Consul shall act as such, he shall, in ti ordinary form, be approved by the Government of the country in whic his functions are to be discharged.
In their private and business transactions Consuls and Vice-Consa shall be submitted to the same laws and usages as private individual citizens of the place in which they reside.
It is hereby understood that in case of offense against the laws by Consul or Vice-Consul, the Government from which she received) hi cequatur may withdraw the same, send him away from the country, - have him punished in conformity with the laws, assigning to the ther Government its reason for so doing. The archives and papers belonging to the Consulates shall be invioate, and under no pretext whatever shall any magistrate or other anctionary inspect, seize, or in any way interfere with them.
1588. ARTICLE VI.
Neither of the contracting parties shall impose any higher or other luties upon the importation, exportation, or transit of the natural or ndustrial 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 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 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),
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. f litigations and disputes should arise between subjects of the Suble Porte and citizens of the United States, the parties shall not be ırd, nor shall judgments be pronounced, unless the American Dragoin be present. Causes in which the sum may exceed five hundred isters shall be submitted to the Sublime Porte, to be decided accord3 to the laws of equity and justice. Citizens of the United States of nerica, quietly pursuing their commerce, and not being charged or nvicted of any crime or offense, shall not be molested; and even when ey may have committed some offense they shall not be arrested and it in prison by the local authorities, but they shall be tried by their inister or Consul, and punished according to their offense, following, . this respect, the usage observed towards other Franks. 1
1598. ARTICLE V. American merchant-vessels that trade to the dominions of the Sublime 'orte may go and come in perfect safety with their own flag; but they hall not take the flag of any other power, nor shall they grant their flag o the vessels of other nations and powers, nor to the vessels of rayahs. l'he 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 foreigneri who may become owners of real estate.
See on the interpretation of this article United States Treaties (1887), pp. 1368
As the exercise of this right of possessing real property may indece foreigners to establish themselves in larger numbers in the Ottons Empire, the Imperial Government thinks it proper to anticipate and t prevent the difficulties to which the application of this law may gint rise in certain localities. Such is the object of the arrangements which follow.
The domicile of any person residing upon the Ottoman soil being invi. olable, and as no one can enter it without the consent of the owner, except by virtue of orders emanating from competent authority ani with the assistance of the magistrate or functionary invested with the necessary powers, the residence of foreigners is inviolable on the saint principle, in conformity with the treaties, and the agents of the pablio 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 inclosures, 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.
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.