« SebelumnyaLanjutkan »
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 his 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 Naviga
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-Consal 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; ind either of the two contracting parties may except from the residence of Consuls such particular places as either of them may judge fit to be excepted.
The Diplomatic Agents and Consuls of the United States of America in the territories of the Republic of Paraguay shall enjoy whatever privileges, exemptions, and immunities are or may be there granted to the Diplomatic Agents and Consuls of any other nation whatever; and, in like manner, the Diplomatic Agents and Consuls of the Republic of Paraguay in the United States of America shall enjoy whatever privileges, exemptions, and immunities are or may be there granted to agents of any other nation whatever,
1603. ARTICLE XIV. The citizens of either of the two contracting parties residing in the territories of the other shall enjoy, in regard to their houses, persons, and properties, the protection of the Government in as full and ample a manner as native citizens.
In like manner the citizens of each contracting party shall enjoy, in the territories of the other, full liberty of conscience, and shall not be molested on account of their religious belief; and such of those citizens as may die in the territories of the other party shall be buried in the public cemeteries, or in places appointed for the purpose, with suitable decorum and respect.
The citizens of the United States of America residing within the territories of the Republic of Paraguay shall be at liberty to exercise, in private and in their own dwellings, or within the dwellings or offices of the Consuls or Vice-Consuls of the United States of America, their religious rites, services, and worship, and to assemble therein for that purpose without hinderance or molestation.
Treaty concluded December 13, 1856 (Friendship and Commerce).
1604. ARTICLE V. All suits and disputes arising in Persia between Persian subjects and citizens of the United States shall be carried before the Persian tribunal
to which such matters are usually referred at the place where a Consal or Agent of the United States may reside, and shall be discussed and decided according to equity in the presence of an employé of the Consul or Agent of the United States.
All suits and disputes which may arise in the Empire of Persia between citizens of the United States shall be referred entirely for trial and for adjudication to the Consul or Agent of the United States residing in the province wherein such suits and disputes may have arisen, or in the prorince nearest to it, who shall decide them according to the laws of the United States.
All suits and disputes occurring in Persia between the citizens of the United States and the subjects of other foreign powers shall be tried and adjudicated by the intermediation of their respective Consuls or Agents.
In the United States, Persian subjects in all disputes arising between themselves, or between them and citizens of the United States or foreigners, shall be judged according to the rules adopted in the United States respecting the subjects of the most favored nation.
Persian subjects residing in the United States, and citizens of the United States residing in Persia, shall, when charged with criminal offenses, be tried and judged in Persia and the United States in the same manner as are the subjects and citizens of the most favored nation residing in either of the above-mentioned countries.
1605. ARTICLE VI. In case of a citizen or subject of either of the contracting parties dying within the territories of the other, his effects shall be delivered up integrally to the family or partners in business of the deceased; and in case he has no relations or partners, his effects in either country shall be delivered up to the Consul or Agent of the nation of which the deceased was a subject or citizen, so that he may dispose of them in accordance with the laws of his country.
1606. ARTICLE VII. For the protection of their citizens or subjects, and their commerce respectively, and in order to facilitate good and equitable relations between the citizens and subjects of the two countries, the two high contracting parties reserve the right to maintain a Diplomatic Agent at either seat of government, and to name each three Consuls in either country; those of the United States shall reside at Teheran, Bender, Bushir, and Tauris; those of Persia at Washington, New York, and New Orleans.
he Consuls of the high contracting parties shall reciprocally enjoy in territories of the other, where their residence shall be established, respect, privileges, and immunities granted in either country to the isuls of the most favored nation. The Diplomatic Agent or Consuls the United States shall not protect, secretly or publicly, the subjects the Persian Government, and they shall never suffer a departure from
principles here laid down and agreed to by mutual consent. And it is further understood, that if any of those Consuls shall engage trade, they shall be subjected to the same laws and usages to which vate individuals of their nation engaged in commercial pursuits in the ne place are subjected. And it is also understood by the high contracting parties that the plomatic and Consular Agents of the United States shall not employ a eater number of domestics than is allowed by treaty to those of Russia siding in Persia.
reaty of Friendship, Commerce, and Navigation, concluded at Lima,
August 31, 1887.
1607. ARTICLE XXX.
To protect more effectually the commerce and navigation of their espective citizens, the United States of America and the Republic of 'eru agree to admit and receive, mutually, consuls and vice-consuls in ll their ports open to foreign commerce, who shall enjoy, within their espective consular districts, all the rights, privileges, and immunities of the consuls and vice-consuls of the most favored nation; but to enjoy he rights, prerogatives, and immunities which belong to them in virtue of their public character, the consuls and vice-consuls shall, before Exercising their official functions, exhibit to the Government to which they are accredited their commissions or patents in due form, in order to receive their exequatur; after receiving which they shall be acknowledged in their official characters by the authorities, magistrates and inhabitants of the district in which they reside. The high contracting parties, nevertheless, remain at liberty to except those ports and places