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livered to the British or Italian Consul-General, Consul, or ViceConsul, in whose district the wreck or stranding may have taken place, upon being claimed by him within the period fixed by the laws of the country; and such Consuls, owners, or agents shall pay only the expenses incurred in the preservation of the property, together with the salvage or other expenses which would have been payable in the like case of a wreck of a national vessel.

The goods and merchandize saved from the wreck shall be exempt from all duties of Customs, unless cleared for consumption, in which case they shall pay the same rate of duty as if they had been imported in a national vessel.

In the case either of a vessel being driven in by stress of weather, run aground, or wrecked, the respective Consuls-General, Consuls, Vice-Consuls, and Consular Agents shall, if the owner or master or other agent of the owner is not present, or is present and requires it, be authorized to interpose in order to afford the necessary assistance to their fellow-countrymen.

XIX. The Consuls-General, Consuls, Vice-Consuls, and Consular Agents of each of the Contracting Parties, residing in the dominions and possessions of the other, shall receive from the local authorities such assistance as can by law be given to them for the re

Generale, Console, o Vice-Console Britannico o Italiano del distretto ov' ebbe luogho il naufragio o l'arrenamento, dietro domanda che l'interessato dovrà fare nel termine fissato dalle legge locali. I Consoli, i proprietarî, o loro rappresentanti, non saranno tenuti che al pagamento delle spese occorse` per la conservazione della proprietà, comprese quelle di salvataggio e simili, che in casi analoghi sarebbero dovute dalle navi nazionali.

La mercanzie e oggetti salvati dal naufragio non saranno sottoposti ai diritti di dogana, se non in quanto vengano dichiarati per la consumazione, ed in questi casi pagheranno solamente gli stessi diritti che sarebbero dovuti se fossero importati sopra nave nazionale.

Occorrendo che una nave debba per necessità entrare in un porto, sia arrenata o faccia naufragio, i Consoli-Generali, Consoli, e Vice-Consoli, sono autorizzati ad interporsi perchè sia data la necessaria assistenza ai loro connazionali, occorrendo però la richiesta del capitano, padrone, o loro rappresentante, quando trovinsi presenti.

XIX. I Consoli-Generali, Consoli, Vice-Consoli, e Agenti Consolari di ciascuna delle Parti Contraenti, residenti negli stati e possessi dell' altra, riceveranno dalle autorità locali la maggiore assistenza che possa darsi secondo le legge del paese, per l'arresto

covery of deserters from the vessels of their respective countries.

XX. The present Treaty of Commerce and Navigation, when ratified, shall be substituted for the Treaties in force between the High Contracting Parties, namely, those concluded on the 5th April, 1847, and 30th December, 1854,t between Great Britain and Tuscany; and on the 29th April, 1845, between Great Britain and the Two Sicilies; and on the 27th February, 1851,§ and 9th August, 1854,|| between Great Britain and Sardinia; and shall remain in force for 10 years from the date of the exchange of the ratifications, and further until the expiration of 12 months after either of the Contracting Parties shall have given notice to the other of its intention to terminate the same; each of the Contracting Parties being at liberty to give such notice to the other at the expiration of the first 9 years, or at any time afterwards.

XXI. The present Treaty shall be ratified, and the ratifications shall be exchanged at London in 6 weeks, or sooner if possible.

In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms.

Turin, 6 August, 1863. (L.S) JAMES HUDSON. (L.S.) GIOVANNI MANNA.

* Vol. XL. Page 942.

dei disertori dalle navi della loro nazione.

XX. Il presente Trattato di Commercio e di Navigazione, allorquando sarà ratificato, surrogherà i Trattati vigenti tra le Parti Contraenti, conchiusi il 5 Aprile, 1847,* e 30 Dicembre, 1854,† fra il Governo della Gran Bretagna e quello della Toscana; il 29 Aprile, 1845, fra il Governo della Gran Bretagna e quello delle Due Sicilie; il 27 Febbrajo, 1851,§ e il 9 Agosto, 1854,|| tra il Governo delia Gran Bretagna e quello della Sardegna; e sarà in vigore per dieci anni dalla data dello scambio delle ratifiche del presente Trattato, e anche oltre il detto termine sino a che non siano decorsi dodici mesi dall'annunzio che l'una delle Parti Contraenti fosse per dare all' altra della sua intenzione di farlo cessare; ognuna di esse riservandosi la facoltà di fare all' altra simile dichiarazione allo spirare dei primi nove anni, e in ogni tempo ulteriore.

XXI. I presente Trattato sarà ratificato dalle due Parti Contraenti, e le ratifiche saranno cambiate in Londra nel termine de sei settimane, o prima se far si può.

In fede del che i rispettivi Plenipotenziarii sottoscrissero per doppio il presente Trattato, e vi apposero il sigillo delle loro armi.

Torino, 6 Agosto, 1863. (L.S.) GIOVANNI MANNA. (L.S.) JAMES HUDSON.

+ Vol. XLIV. Page 79.

§ Vol. XL. Page 81.

+ Vol. XXXIII. Page 19. Vol. XLIV. Page 76.

CONVENTION between Great Britain and Tunis, relative to the holding of Real Property by British Subjects in Tunis. -Signed at Tunis, October 10, 1863.*

In the Name of God All-Powerful.

CONVENTION concluded between the Government of Her Majesty, the descendant of glorious Sovereigns, the Crown of the illustrious great, who holds at her command the sword and the pen, the great and august Princess, the fame of whose virtues are spread over the universe, our friend the Lady Queen of Great Britain and Ireland, and the Government of His Most Serene Highness Mohamed Essadok Bey, Lord of the Regency of Tunis, relative to the permission granted to British subjects to hold real property in the Regency of Tunis.

Whereas, by Article XI of the Organic Laws of the Regency of Tunis, foreigners have acquired the right to possess immovable property so soon as their respective Governments shall enter into an arrangement with the Government of Tunis, establishing the conditions which shall entitle them to exercise the right conceded to them; and whereas it is expedient to prevent in future the abuses, contentions, and confusion that have arisen in consequence of the means to which foreigners have had recourse, in order to evade the regulations and customs which prohibited them from holding immovable property in their own names, the following stipulations have been entered into and concluded between His Most Serene Highness Mohamed Essadok Bey, Lord of the Regency of Tunis, and Richard Wood, Esq., Her Britannic Majesty's Agent and Consul-General at Tunis, duly authorized to that effect:

ART. I. It being henceforward lawful for British subjects to purchase and possess immovable property of every description in the Regency of Tunis, the Ecclesiastical and other legal Courts and authorities shall be empowered, upon the application of the purchaser, to proceed to the verification of the title-deeds, and to transfer the same in his name, according to the usages of the country, in order to give them the validity required by law.

II. British subjects possessing immovable property shall pay the same municipal and fiscal taxes which are paid by natives, and shall discharge in general the obligations which are by law attached. to, and are discharged by, the like property held by natives.

III. Every proprietor of houses, magazines, or other tenements, shall conform to the municipal regulations now existing, or which shall hereafter exist.

* Signed also in the Arabic language.

IV. All cases of litigation respecting immovable property, and relating to the ownership or occupation of houses or lands, between a British and a Tunisian subject, shall be referred for adjudication to the competent legal tribunals, whose summons for the appearance of the British subject shall be transmitted through the British Consul-General, or, in his absence, through his deputy, in order that he or his deputy may be present at the trial. And the condemned party shall have the right to appeal to the courts constituted for that purpose, until the appeal shall have reached the Meglis Elakbar (Legislative Assembly); and whatever decision might be given by the last tribunal, the authority of the condemned party shall carry it out. But in cases where the dispute is between British subjects, it shall be optional for them, or either of them, to have their difference heard and determined by their Consul-General, or his deputy, whose decision, however, shall be governed by the laws and usages of the country, so far as they can be ascertained, and so far as the conditions expressed in the contract will permit.

V. British subjects holding immovable property shall be free to sell, dispose of, and convey their property to natives; but they shall not sell, transfer, or convey their property to foreigners, except to subjects of such friendly Governments as have, by Convention or other agreement with His Highness the Bey, acquired for their subjects the right to purchase and hold immovable property in the Regency of Tunis; and, in order to guard against any infraction of the present Article, as well as to avoid any dispute or litigation that may arise therefrom, it is agreed that in all cases of a sale or conveyance of immovable property from a British to a foreign subject, the instrument of transfer shall have affixed to it the seals of the Ecclesiastical Court, or those of the competent native authorities, to render the sale valid and lawful.

VI. If a British proprietor die, either wholly intestate or intestate as to his immovable property, the succession to his immovable property shall be governed by the same law as the succession, ab intestato, to his movable property, without any let or hindrance on the part of the Tunisian authoirties.

VII. It being established at all times that the Consul-General, or, in his absence, his deputy, do administer the estate of a British subject dying intestate in the Regency of Tunis, it is further established and agreed that the same right of administration shall extend to the lands, houses, and tenements of a British subject so dying. And it is moreover established, that upon the written declaration of Her Majesty's Agent and Consul-General, or, in his absence, of his deputy, given under the seal of his office, that he has sold, disposed of, or conveyed the immovable property belonging to the deceased, the courts and legal authorities shall recognize such

sale; and shall, upon the testimony of two notaries that the sale was made in due and legal form, furnish the purchaser, being a native or a foreigner coming within the provision of Article V of the present Convention, with such legal instruments or deeds as will enable the said purchaser, in case of contention, sale, conveyance, or mortgage, to prove his right over the said property.

VIII. The stipulations of the foregoing Article, and the rights therein reserved, shall also apply to, and shall be exercised by, the Consul-General, or his deputy in his absence, with regard to the immovable property of a British subject who has become involved in pecuniary difficulties, or who has declared himself insolvent in order to the payment of his debts and liabilities.

IX. The written declaration of Her Majesty's Agent and Consul-General, or, in his absence, of his deputy, that he has disposed of the immovable property of a British subject, for the reasons and for the purposes specified in Articles VII and VIII, shall be held to free from responsibility, the legal authorities and courts recognizing and confirming the transfer of such property; and for the satisfaction of the courts that the transaction has been made in due form, it shall be optional for them to depute their own notaries to assist at such sales and conveyances.

X. In all transactions relating to immovable property, British subjects shall pay the notarial and other fees which are fixed by law and are paid by natives.

XI. No British subject shall be forced to dispose of his immovable property, except for objects of public utility. But in all cases of expropriation, Articles XI and XII of the Municipal Law of Tunis shall be the rule for effecting the compulsory expropriation for any public purpose in a lawful manner, and for fixing the amount of the indemnity to be paid; and such indemnity shall be paid in full, and to the satisfaction of the proprietor, before the act of expropriation can be carried out.

XII. As a further protection, however, to proprietors, the Decree declaring the public object for which the expropriation has been rendered necessary shall emanate from His Highness the Bey. The Consul General, or in his absence, his Deputy, shall have due information thereof, so that he may have it in his power to watch over the execution of the provisions of Article XI of the Municipal Law heretofore established and agreed upon with reference to the mode of ascertaining and fixing the amount of the indemnity.

XIII. With a view to prevent complaints, abuses, or a misconstruction being put upon an act of expropriation, it is agreed that, should the Bey's Decree, specifying the object of public utility for which the expropriation has been made, be not executed at the expiration of one year after its date, the owner of the immovable

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