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covery of deserters from the ves- dei disertori dalle navi della loro sels of their respective countries. nazione.
XX. The present Treaty of XX. Il presente Trattato di Commerce and Navigation, when Commercio e di Navigazione, ratified, shall be substituted for allorquando sarà ratificato, surrothe Treaties in force between gherà i Trattati vigenti tra le the High Contracting Parties, Parti Contraenti, conchiusi il 5 pamely, those concluded on the Aprile, 1847,* e 30 Dicembre, 5th April, 1847,* and 30th De. 1854,t fra il Governo della Gran cember, 1854,4 between Great Bretagna e quello della Toscana ; Britain and Tuscany; and on il 29 Aprile, 1845,4 fra il Governo the 29th April, 1845, between della Gran Bretagna e quello Great Britain and the Two Sici- delle Due Sicilie ; il 27 Febbrajo, lies; and ou the 27th February, 1851,9 e il 9 Agosto, 1854,|| 1851,9 and 9th August, 1854,|| tra il Governo della Gran Brebetween Great Britain and Sar- tagna e quello della Sardegna ; dinia; and shall remain in force e sarà in vigore per dieci anni for 10 years from the date of the dalla data dello scambio delle raexchange of the ratifications, and tifiche del presente Trattato, e further until the expiration of an he oltre il detto termine sino 12 months after either of the a che non siano decorsi dodici Contracting Parties shall have mesi dall'annunzio che l'una given potice to the other of its delle Parti Contraenti fosse per intention to terininate the same; dare all'altra della sua intenzione each of the Contracting Parties di farlo cessare; ognuna di esse being at liberty to give such riservandosi la facoltà di fare notice to the other at the expi. all'altra simile dichiarazione allo ration of the first 9 years, or at spirare dei primi nove anni, e in any time afterwards.
ogni tempo ulteriore. XXI. The present Treaty shall XXI. Il presente Trattato be ratified, and the ratifications sarà ratificato dalle due Parti shall be exchanged at London in Contraenti, e le ratifiche saranno 6 weeks, or sooner if possible. cambiate in Londra nel termine
de sei settimane, o prima se far
si può. In witness whereof the respec- In fede del che i rispettivi Pletive Plenipotentiaries have sigoed nipotenziarii sottoscrissero per the same, and have affixed thereto doppio il presente Trattato, e vi the seal of their armis.
apposero il sigillo delle loro armi. Turin, 6 August, 1863.
Torino, 6 Agosto, 1863. (L.S) JAMES HUDSON. (L.S.) GIOVANNI MANNA. (L.S.) GIOVANNI MANNA. (L.S.) JAMES HUDSON.
# Vol. XL. Page 942. t Vol. XLIV. Page 79. I Vol. XXXIII. Page 19. § Vol. XL. ' Page 81.
|| 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 pur. chaser, to proceed to the verification of the title-deeds, and to trausfer 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.
111. 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 transınitted 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 beard 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 sball 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 imniovable property of a British subject who has become involved in pecuniary difficulties, or who has declared bimself 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 dis. posed 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
property shall have the right to recover the same by reimbursing in full the amount of the indemnity.
XIV. Whenever a British subject shall desire to introduce machinery, or establish a manufactory in the Regency of Tunis, he shall be bound to apply for and obtain the permission of the Bey for that purpose, and His Highness, in according such permission, shall specify in the body of the Decree or Concession the conditions upon which it has been granted, in order that the Decree shall serve, in case of litigation or of an infraction of any of the conditions, as a rule and a guidance for the equitable adjustment of the point or points at issue.
XV. The building and appurtenances of manufactories being immovable property, are subject to the couditions and stipulations relating to such property in general. But as a further security to the local Government and to the public revenue, it is moreover established and agreed that, upon the written requisition of the Minister for Foreign Affairs, or of the President of the Municipal
..forego stars of the residen Council, to the Consul-General, or, in his absence, to his deputy, the fiscal officers shall have the right to ascertain, by personal inspection, that the manufactory has not been diverted from the purpose for which permission was given, and that the internal taxes and imposts levied upon raw materials, either previously to or after their being manufactured, are duly paid.
XVI. British subjects holding, or hereafter becoming possessed of property called anzal (leasehold), shall continue to enjoy the conditions which constitute and are attached to that description of property, and which conditions are hereby established and confirmed.
XVII. British subjects holding iinmovable property in the Regency of Tunis shall, in conforming to the local laws and regulatious, exercise and enjoy the same immunities, privileges, and rights that are accorded to Tunisian proprietors ; and for that purpose the right of British subjects to hold immovable property being derived from the enactments founded upon the organic laws (Aad-el- Aman) the said enactments are hereby confirmed ; and their observance being considered necessary for the more efficient protection of the immorable property held as aforestated, it has been further agreed that they shall be maintained, as a greater security for the due performance of the conditions of the present Convention. And they shall be furthermore entitled to all the immunities, privileges, and exemptions accorded, or to be hereafter accorded, to the subjects or citizens of the most favoured nation.
This Convention has been written in triplicate, consisting in 17 Articles, besides the introduction, and contained in the preceding 19 pages, to be signed by both parties, and to be executed in the