페이지 이미지
PDF
ePub

ART. 106. The person whom the order of expulsion concerns shall in all cases be notified thereof, and at least twenty-four hours shall be allowed him in which to obey it. The procedure in cases of expulsion is simply executive.

ART. 107. In case of disobedience, the public force shall proceed to effect the expulsion, and if the expelled person shall return to the territory of Guatemala he shall be tried by the courts of the Republie and shall be punished for disobedience, in pursuance of article 142 of the Penal Code; but when he shall have paid or served out the penalty to which he shall have been sentenced, he may again be expelled from the territory of the Republic, to which end the judge who shall have tried the case shall take care to notify the minister of the interior in due time and through the proper channel.

TITLE IX.

ART. 108. The purchase of wild lands in territory on the frontier is absolutely prohibited to the native citizens of nations bordering on Guatemala, and to those who have become naturalized therein.

ART. 109. A foreigner who is allowed by law to purchase wild lands may preempt a number of caballerias' not exceeding fifteen; in no case, bowever, shall he be allowed to transfer bis property, or any real estate that he may have acquired in the Republic, to any foreign government.

TITLE X.

CHAPTER I.Concerning criminal cases. ART. 110. The laws relating to police and public safety are subject to no exception whatever, and are binding upon all persons residing within the territory of the State. Foreigners are, therefore, amenable to the laws and courts of Guatemala for any crimes that they may commit within the territory of Guatemala.

ART. 111. The following persons are excepted from the provisions of the foregoing article: Princes of reigning families, Presidents or Chief Magistrates of other countries, ambassadors, ministers plenipotentiary, ministers resident, chargés d'affaires, and foreigners who are permanently employed at legations. Such persons, when they commit a crime, shall be placed at the disposal of their respective governments.

ART. 112. Cognizance of crimes whose commission has been began in Guatemala, and consummated or frustrated in foreign countries, shall be taken by the courts and judges of Guatemala, in case the acts perpetrated in Guatemala constitute crimes in themselves, and only with respect to such crimes.

ART. 113. Foreigners shall be tried by the judges and courts of the Republic when they shall have committed one of the following crimes outside of the territory of the nation: A crime against the independence of the Republic, the integrity of its territory, its form of government, its tranquillity, its internal or external safety, or against the chief magis. trate of the State, or the crime of forging the signature of the President of the Republic or of the ministers of state, or of counterfeiting the public seals, the legal coin of Guatemala, the paper money of Guatemala which legally is in circulation, bonds, certificates, or other docu

A caballeria of land is equal to about thirty-three and one-third acres.

ments of the national public credit, or notes issued by a bank doing business in the Republic in pursuance of its laws and authorized to issue such notes, and also the crime of introducing such counterfeit papers or money into the Republic and circulating the same therein.

ART. 114. If persons guilty of the crimes enumerated in the foregoing article shall have been acquitted or punished in a foreign country, their cases shall not be reopened, provided that in the latter case) they shall have suffered the full penalty to which they were sentenced. The same shall be the case if they have been pardoned, except when they have been guilty of the crime of treason. If they have suffered a part of the penalty, allowance therefor shall be made, and it shall be deducted from that which they would otherwise have to suffer.

ÀRT. 115. The provisions of the foregoing articles apply to foreigners who have committed any of the crimes therein enumerated, when they are apprehended in Guatemalan territory or when their extradition is obtained.

ART. 116. The following persons shall also be tried by the judges and courts of the Republic, unless there is something to prevent in the existing international treaties:

1. Foreigners who commit a crime on the high seas on board of a Guate. malan vessel.

2. Foreigners who commit a crime on board of a foreign merchant vessel anchored in a Guatemalan port, or being in the territorial waters of the Republic, unless such crime is committed by a person belonging to the crew against another member of the same crew.

3. Foreigners, members of the crew of a foreign merchant vessel, even though they have committed a crime against a person belonging to the same crew, if the aid of the Guatemalan anthorities is asked for on board of the vessel, or when the tranquillity of the port is endangered by the perpetration of the crime.

4. Foreigners who have committed against Guatemalans, in a foreign country, the crime of arson, murder, robbery, or any other for which the perpetrator is extraditable, provided that a charge has been made by a person having a legal right to make charges.

ART. 117. The ordinary courts are competent to take cognizance of offenses committed by foreigners, and the judges of the place where they are committed shall be the only ones having authority to try their perpetrator.

ART. 118. Foreigners may enter a complaint on account of offenses committed against their persons or property, or the property of those whom they represent, security always being furnished previously, the amount of which shall be fixed by the competent court or judge, subject to such exceptions as may be authorized by treaty or by the principle of reciprocity.

ART. 119. The statements of foreigners who are brought to trial, and who are ignorant of the Spanish language or those of witnesses who are unable to express themselves in Spanish, shall be made through a sworn interpreter, and the questions and answers shall be recorded in the national language and in that of the prisoner or the witness making the statement. When this is not possible, the papers containing the questions and answers shall be sent to the office of the official translator.

ART. 120. In no case shall the sentences pronounced by foreign coʻrts be executed in Guatemala, nor shall they occasion the additional punishment curtailed by a repetition of the offense.

LETTERS ROGATORY. ART. 121. Letters rogatory to foreign courts shall always be sent through the diplomatic channel, or through such channel and in such form as may be expressly established by treaty.

The principle of reciprocity must govern in all cases. These same rules shall be observed in complying in Guatemala with the requests made in letters rogatory of foreign courts whereby it is asked that some judicial act be performed.

ART. 122. The legations shall guarantee to the ministry of the interior and of justice the payment of the expenses that may be caused by crim. inal prosecutions instituted either ex officio, or at the instance of a party declared indigent. The legations shall not transmit letters rogatory of foreign authorities, unless the payment of the expenses that may be caused by compliance with the requests therein contained, in such manner as may be agreed upon with the government of the country, shall be guaranteed.

CHAPTER II.-The administration of justice as regards foreigners. ART. 123. Foreigners are subject to the laws and courts of Guatemala in all suits brought by them or against them to enforce the fulfillment of obligations contracted in or out of Guatemala in favor of Guatemalans, or having reference, in general, to property or to the ownership of anything valuable in the territory of Guatemala.

ART. 124. The Guatemalan courts shall likewise be competent, and it shall be their duty to take cognizance of such suits between foreigners as may be brought before them, and as may have reference to the fulfillment of obligations contracted or performable in Guatemala, or when it is so provided by treaty.

ART. 125. In all other matters in which foreigners are concerned, the courts of Guatemala shall alone be competent to adopt urgent and provisional measures of precaution and safety.

ART. 126. The provisions established by the rules of competency in civil matters are applicable to foreigners when they have recource to the judges and courts of Guatemala, soliciting acts of voluntary jurisdiction, taking part therein or appearing in court as plaintiffs or defendants against Guatemalans or against other foreigners, when it is proper for the courts of Guatemala to take cognizance according to the laws of the Republic or its treaties with other powers.

ART. 127. Foreigners against whom legal proceedings are instituted, shall, when this is necessary, enjoy the benefit of poverty for purposes of litigation. The same benefit shall be enjoyed by foreigners insti. tuting legal proceedings, if reciprocity is granted to Guatemalans in their country.

ART. 128. If the plaintiff is a foreigner, he shall be obliged to furnish, if the defendant shall demand it in limine litis, the security judi. catum solvi as a guarantee of his solvency; in default thereof, a delay shall be granted in such cases and in such manner as are required of Guatemalans in the country of the plaintiff.

In no case shall such security be required in commercial matters.

ART. 129. The provisions which govern commercial matters are applicable to all persons engaged in trade, without distinction or privilege by reason of nationality.

ART. 130. The law of the place where a juridical act has been performed shall determine the methods of proof of which a foreigner must make use before the courts in order to show the existence of such act. From this rule are excepted acts and contracts relating to real property situated in the Republic of Guatemala, which shall be governed by the laws of Guatemala exclusively.

FINAL PROVISION. ART. 131. The provisions of this law shall in no wise impair the immunities and guarantees which are secured to diplomatic and consular officers by international law and by the treaties or conventions which the Government has concluded; nor shall they impair the rights granted by such treaties in particular to foreigners of a determinate nation.

Done at the national palace of Guatemala, this twenty-first day of the month of February, one thousand eight hundred and ninety-four.

JOSE MARIA REINA BARRIOS.

MANUEL ESTRADO C.,
Secretary of State in the Department of the Interior and of Justice.

J. M. GONZALEZ,
Secretary of State in the Department of Public Works.

MANUEL CABRAL,
Secretary of State in the Department of Public Instruction,

SALVADOR HERRERA,
Secretary of State in the Department of Finance and Public Credit,

RAMON A. SALAZAR,
Secretary of State in the Department of Foreign Relations.

GOOD OFFICES IN BEHALF OF CHINESE.'

Mr. Gresham to Mr. Young. No. 128.]

DEPARTMENT OF STATE,

Washington, August 18, 1894. SIR: Referring to your No. 114, of the 26th ultimo, I have to inclose a copy of a note from the Chinese minister of the 16th instant, concerning the petition addressed to him by Chinese subjects residing in Guatemala. He asks, in consequence of the absence of any treaty relations with that Republic permitting China to appoint consular representatives therein, that you may be allowed to exercise your good offices in behalf of the Chinese subjects living in Guatemala.

This is not an unusual request, and the good offices of the diplomatic and consular representatives of the United States have been employed for the protection of Chinese elsewhere as well as other foreigners. The interests of our own people in parts of Turkey, where no United States consular officer resided, have been looked after by British consular officers.

In the present instance your efforts are to be confined to the friendly intervention in case of need for the protection of the Chinese in their person and property from unjust and harsh treatment. You are not to hold any representative character or function as respects the Chinese Government, and are to act informally. Before taking any steps in the matter, however, you should represent to the Guatemalan Government the wish of the Chinese minister and the willingness of your Gov. ernment to accede thereto, as herein indicated, provided the assent of the Guatemalan authorities is entirely favorable.

The decision of that Government upon the subject should be reported to the Department. I am, sir, etc.,

W. Q. GRESHAM.

See “Protection of Chinese in Guatemala," ante, p. 175.

Mr. Young to Mr. Gresham.

No. 129.]

LEGATION OF THE UNITED STATES,

GUATEMALA AND HONDURAS, Guatemala, October 11, 1894. (Received October 25.) SIR: I have the honor to herewith inclose a note from the minister of foreign relations of Guatemala, and a translation of the same, in reply to my note to him in reference to your Nû. 128, in relation to the request of the Chinese minister in Washington, that the United States minister at Guatemala be directed to use his good offices in behalf of the Chinese residents in this Republic when they might be required. I am, etc.,

P. M. B. YOUNG.

[Inclosure in No. 129.- Translation.)

Mr. Muñoz to Mr. Young.

DEPARTMENT OF FOREIGN RELATIONS OF THE
REPUBLIC OF GUATEMALA, CENTRAL AMERICA,

National Palace, Guatemala, October 3, 1894. I have had the pleasure to receive your excellency's polite note of the 24th ultimo, informing me that the minister of China at Washington has requested the U.S. Government to allow its diplomatic representative in Guatemala to use his good offices in behalf of Chinese residents here, with which request your excellency's Government is disposed to comply, provided that such a step meets the approval of the Government of Guatemala.

In reply I have the honor to inform your excellency, having been authorized to do so by the President of the Republic, that my Government will have no objection to giving its approval in this case, provided the Chinese Government addresses to it the request to that end, which seems natural. I reiterate, etc.,

JORGE MUÑOZ.

RECIPROCITY.

Mr. Gresham, to Mr. Arriaga.

DEPARTMENT OF STATE,

Washington, September 20, 1894. SIR: Referring to our conversation this forenoon, I have the honor to inform you that the so-called reciprocity arrangement between the United States and Guatemala was based on the third section of the statute known as the Mckinley law, which was repealed by the going into effect of our existing tariti' law, at midnight on the 27th ultimo.

This is in accordance with the opinion of the Secretary of the Treasury, in which I concur. Accept, sir, etc.,

W. Q. GRESHAM.

« 이전계속 »