of his national Legation or Consulate, excepting when he enters the Spanish territory, or when he departs from it.

VIII. Any migratory foreigner who wishes to become domiciliated must solicit the proper licence from the superior civil authority of the province, furnishing proof that he combines the circumstances indicated in Article IV.

IX. In the civil Governments of all the provinces, matriculations, or registers, shall be formed and kept up, in which are to be entered the names and circumstances of the foreigners who reside or may come to reside in the Kingdom; the two classes of migratory and domiciliated being kept separate.

X. In all the foreign Consulates established in Spain, there shall also be formed and kept up matriculations or registers of the subjects of the respective nations.

These matriculations have to be compared with those of the civil Governments, for it is only when they agree with them, and are in accordance with the forms prescribed in Spain, that they can have legal effect in the Kingdom.

XI. The matriculations of the civil Governments and those of the foreign Consuls shall be compared annually.

XII. Those who are not inscribed in the matriculations of the provincial Governments and of the Consuls of their respective nations as migratory, or domiciliated, shall have no right to be considered as foreigners in any legal acceptation.

The inscription is to be renewed in case the foreigner passes from the class of migratory to that of domiciliated.

XIII. Any foreigner who may introduce himself into Spain, in contravention of the preceding provisions, without presenting his passport, may be punished as disobedient to the authority with a fine of from 100 to 1,000 reals, and be, besides, expelled from the Spanish territory, if the Government should so determine upon the report of the civil authority through the Ministry of the Government, and as may be agreed upon in consequence by the latter itself and by the Ministry of State.

XIV. If any foreigner should arrive at a port or a frontier town without the proper passport, he shall be detained by the Spanish authorities, who must immediately give an account to the Government through the Governmental Ministry, describing the circumstances of the foreigner, and whether he is vagrant, or whether he is seeking asylum against the proceedings of his natural judges. The Government, with this information, the State and Governmental Ministries proceeding always definitively for these matters in concurrence, shall decide upon the expulsion of the foreigner, appoint his place of residence, or give such orders as it may deem most expedient.

XV. The same shall be done when groups or bodies of emigrants

arrive in Spain, until the Government shall appoint their place of stay and such else as it may deem expedient, but in all cases those who come armed must immediately deliver up their arms.

XVI. Any foreigner who may disobey the order for his expulsion from the Kingdom, will be subject to the punishment appointed in Article CCLXXXV of the Code, the disobedience being for that purpose considered as a serious matter, and the order for expulsion as an affair of the public service, and which is nevertheless to be carried out after the punishment has been inflicted.

CHAP. III. Of the Civil condition of domiciliated and migratory Foreigners, their Rights and Obligations. [Right to Trade, and to possess Landed Property. Liability to payment of Loans and Contributions. Exemption from Military Service. Religion. Coasting Trade. Coast Fishery. Intestate Property. Actions at Law, &c.]

XVII. All foreigners, those who have obtained the rights of denizens as well as those who are migratory, shall have the right of freely entering and leaving the ports and towns of Spain, and of travelling with the same freedom in its territory, submitting themselves to the regulations established by the laws for Spanish subjects, as well as to those of the ports and police.

XVIII. They may also acquire and possess landed property, undertake the employments, and take part in all the enterprises which are not reserved, by the existing laws and regulations, for Spanish subjects.

XIX. Domiciliated foreigners may carry on trade by wholesale and by retail, on the conditions established for Spaniards by the laws and regulations; and they shall have a right to enjoy all the common advantages of the town wherein they have their domicile.

XX. Migratory foreigners may trade by wholesale, observing the laws and regulations which are in force in the Kingdom.

XXI. Both domiciliated and migratory foreigners are bound to pay all taxes and imposts of every kind to which their landed property, the trade or employment in which they are engaged are liable, in accordance with the general laws and regulations of the Kingdom.

XXII. Those who are domiciled shall be subject besides to the payment of loans, gifts, and every kind of extraordinary or personal contribution; those who are migratory are exempted from these, as well as from municipal imposts, local and provincial rates.

XXIII. Both classes shall be exempt from serving the local offices; but those who are domiciliated with households of their own shall be liable to the charges of lodging and baggage.

XXIV. Both the domiciliated and the migratory as well as their children, when they have not elected for Spanish nationality, shall be exempt from military service...

This exemption does not extend to grandchildren when their fathers have been born in Spanish territory, although they retain their foreign nationality.

XXV. No foreigner can profess in Spain any other than the Catholic Apostolic Roman religion.

XXVI. Nor can they participate in the political rights belonging to Spaniards, nor obtain ecclesiastical benefices of any kind, nor fish on the coasts of Spain, nor carry on the coasting trade with their vessels.

XXVII. Neither can they exercise municipal rights in the elections for the corporations, nor obtain municipal offices, nor be employed in the various posts of the State, if they do not expressly renounce for themselves and their children, the exemption from military service, and all exceptional protection in regard to the service of their offices.

In order to make that renunciation which must be done before the superior civil authority of the province, and of which the requisite notes shall be made in the respective matriculations, the person renouncing must have been inscribed beforehand in the class of domiciliated foreigners.

XXVIII. In cases of domiciliated or migratory foreigners dying intestate, the local authority in concurrence with the Consul of the deceased's nation, shall draw up the inventory of the property and effects, and shall take the proper measures to place them in secure custody, until the lawful heir, or his legal representative, appears.

Both in these cases and in testamentary successions, the courts only shall take cognizance of the reclamations of creditors relative to embargo of property, and of such others as may be made for the fulfilment of obligations or responsibilities contracted in Spain or in favour of Spanish subjects.

XXIX. Domiciliated and migratory foreigners are subject to the laws of Spain and to the Spanish tribunals for the offences which they commit in Spanish territory, and for the fulfilment of the obligations which they contract in Spain, or out of Spain, provided they be in favour of Spanish subjects.

XXX. So long as a new organization of the courts and tribunals of the Kingdom and of the various jurisdictions does not prevent it, the Governors of the Maritime forts and the Captains-General in the other places shall take cognizance in first instance of the suits and causes against domiciliated and migratory foreigners, and the Supreme Court of War and Marine and of Foreigners' Affairs in the second and successive instances.

XXXI. The privilege of foreignership mentioned in the preceding Article is merely passive, and foreigners whether domiciliated or migratory shall not be entitled to enjoy it in the following cases: [1862-63. LIII.] 3 Y

1. In smuggling offences.

2. In trials arising from mercantile operations.

3. In seditious offences and the others which are to be tried in accordance with the law of 17th April, 1821.

4. In offences committed on board ship and on the high seas, and in prize trials.

5. In actions for slave trading.

6. In trials of failures in which, according to the penal code, no Spaniards of any condition or state enjoy it.

The courts and judges respectively established by the laws shall be competent to try the said foreigners in all cases.

XXXII. Domiciliated and migratory foreigners are entitled to have justice administered to them by the Spanish tribunals in accordance with the laws, in the actions which they bring for the fulfilment of obligations contracted in Spain, or which are to be fulfilled in Spain, or when they concern property situated in Spanish territory.

XXXIII. In affairs between foreigners or against foreigners, although they may not proceed from real action nor from personal action, for obligations contracted in Spain, the Spanish judges shall nevertheless be competent when it is a question of preventing fraud, or adopting urgent and provisional measures for the detention of a debtor who intends to absent himself in order to elude payment, or for the sale of goods in danger of perishing in warehouses, or to provide ad interim a keeper for an insane person, or other similar cases.

XXXIV. The requisitorial letters of foreign judges will be complied with in all that can and ought to be done in the Kingdom, according to the laws, when they come through the Ministry of State, with the customary formalities and requirements. Requisitorial letters for foreign authorities will be sent through the same Ministry. Those requisitorial letters which are not to be executed by the Spanish Consuls shall be sent direct to the foreign tribunals, judges, and authorities by whom the proceedings which they enjoin are to be taken.

XXXV. Contracts and other public acts executed out of the Kingdom are valid and produce their legal effects before the Spanish tribunals, when the circumstances mentioned in the Royal Decree of 17th October, 1851, have been observed.

CHAP. IV.-Of Foreign Vessels. [Surrender of Seamen Deserters and Criminals. Shipwreck and Salvage.]

XXXVI. Vessels belonging to any of the foreign nations or powers may resort to the Spanish ports.

If they enter by forced arrival, they shall be assisted by the Spanish authorities without other than the necessary restrictions for the prevention of fraud or contagion.

The vessels shall not be deprived of their crews, on the contrary, deserters shall be sent back on board if they can be apprehended.

XXXVII. Foreign merchant vessels shall not afford asylum to Spanish criminals; and if such should take refuge on board, the Spanish authorities, in concurrence with the respective Consuls, may proceed to their extradition.

XXXVIII. With regard to Spanish criminals who may take asylum in foreign ships of war, their extradition shall be claimed in the diplomatic way, in accordance with the existing laws and Treaties.

XXXIX. If any excess should occur on board a merchant vessel anchored in a Spanish port, that might disturb public tranquillity or assail the internal or external security of the State, the competent local authority shall have the right of interfering and taking cognizance to prevent and repress such excesses. But if they exclusively affect the internal discipline of the vessel, the captain will proceed as he thinks best, and he shall obtain the assistance of the Spanish authorities, if he applies for it.

XL. In cases of shipwreck of a foreign vessel, the Marine authorities-none others having any right to assume a competency and occasion hindrance, damage, and out-of-the-way claims-shall provide, with the assistance of all the rest, everything that may be necessary for the salvage of the persons, the vessel and its cargo, proceeding altogether in concurrence with the captain of the vessel and the Consul of the nation to which it belongs, should there be one at the place.

If there be no Consul at the place of the shipwreck, the nearest one may appoint a person to represent him with sufficient authority.

Foreigners are exempt, as well as Spanish subjects at present, from the payment of any sum on account of costs or process dues in the transactions, statements, or proceedings which are occasioned by the shipwreck and salvage.

They, like Spanish subjects, shall only pay the expenses which are occasioned by the salvage itself.

Neither in case of the alteration of the existing legislation and regulations, nor in any other, shall foreigners ever be obliged to pay on account of salvage, higher dues than those which are paid by Spanish subjects; but the delivery of the goods saved may be withheld until the dues upon them have been paid, or the reimbursement is secured by a sufficient guarantee.

CHAP. V.-General Provisions. [Non-application to Spanish Colonies, or to Diplomatic Subjects of Turkey and Barbary Powers. Naturalization.]

XLI. All the provisions of the present decree are applicable