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"they may both observe the said register and hoget,' and "when the suit shall be found conformable thereto, it shall "be observed accordingly.

"Should no such hoget,' however, have been obtained "from the judge, and false witnesses only are produced, their "suit shall not be listened to, but justice be always adminis"tered according to the legal hoget."

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Art. XV., as to presence of interpreters at trials, provides, "that in all litigations occurring between the "English or subjects of England and any other person, the "judges shall not proceed to hear the cause without the "presence of an interpreter, or one of his deputies."

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Art. XVI. provides, as to disputes between Englishmen, "that if there happen any suit or other difference or dispute amongst the English themselves, the decision "thereof shall be left to their own Ambassador or Consul, "according to their custom, without the judge or other governors our slaves intermeddling therein."

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Art. XXIV. provides, as to the presence of the ambassador, consul, or interpreter at a trial, "that if an "Englishman, or other subject of that nation, shall be in"volved in any lawsuit, or other affair connected with law, "the judge shall not hear nor decide thereon until the am"bassador, consul, or interpreter shall be present.

"And all suits exceeding the value of 4,000 aspers shall "be heard at the Sublime Porte, and nowhere else."

On June 18, 1867, an Imperial rescript granting to foreigners the right to hold real property in the Ottoman Empire was promulgated by the Sultan (p).

Art. I. of this law admits foreigners, on the same footing as Ottoman subjects and without other conditions, to the right of holding urban and rural real property throughout the whole extent of the empire, excepting the province of the Hedjaz.

Art. II. assimilates foreigners who are proprietors of real

(p) Hertslet's Treaties as to Turkey and Great Britain, p. 73-77.

property, urban or rural, to Ottoman subjects in all that concerns such property.

The legal effect of such assimilation is to oblige foreigners to conform to all laws and regulations governing the enjoyment, transmission, alienation, and hypothecation of landed property; to subject them to the payments of all imposts, of whatever kind, upon real property, and to render them directly amenable, either as plaintiffs or defendants, and even when both parties are foreign subjects, to the Ottoman Civil Courts in regard to all questions relating to landed property, as if they were Ottoman proprietors and without the power of availing themselves in such matters of their personal nationality. The immunities attaching, under the terms of treaties, to their persons and personal property, are, however, reserved.

Art. III. deals with the bankruptcy of foreign owners of real property, and subjects them, in respect of such property, to the jurisdiction of the Ottoman authorities and Civil Courts.

Art. IV. authorizes a foreign subject to dispose by gift or will of such part of his real property as may legally be so disposed of, and provides that the succession to real property not disposed of, or which may not legally be disposed of by gift or will, shall be governed by the Ottoman law.

The fifth and last Article provides that every foreign subject shall enjoy the benefit of the present law, so soon as the Power to which he belongs shall have acceded to the arrangements proposed by the Sublime Porte for the exercise of the rights of property.

The foregoing law was brought into force as regards British subjects by a Protocol between Great Britain and Turkey, signed at Constantinople on July 28, 1868.

This Protocol declares, that the dwelling of every person inhabiting the Ottoman territory being inviolable, and no one being entitled to enter it without the consent of its master, unless in virtue of orders issued by the competent authority, and with the assistance of the magistrate or

functionary invested with the necessary powers, the dwelling of a foreign subject is inviolable by the same right, in conformity with Treaties; and the officers of police cannot enter therein without the assistance of the Consul of the country to which the foreigner belongs, or of his delegate.

After defining the term "dwelling," and laying down certain regulations as to domiciliary visits and arrests within a dwelling by the officers of the police, the Protocol makes the following provisions as to trial procedure and appeal in respect of cases of foreign subjects in localities remote from the residences of the Consular agents:

"In localities distant more than nine hours from the "residence of the Consular Agent, and in which the law "relative to the judicial organization of the vilayet shall be "in force, the cases of foreign subjects shall be tried without "the assistance of the Consular delegate by the Council of "Ancients fulfilling the functions of judge of the peace, and by the Court of the Caza, as well in actions, the subject"matter of which shall not exceed 1,000 piastres, as in "offences punishable by a fine not exceeding 500 piastres."

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"Foreign subjects shall, in all cases, have the right to appeal to the Court of the Sandjak against decisions given "as above described; and the appeal shall be heard and "decided with the assistance of the Consul, in conformity "with Treaties.

"An appeal shall always suspend execution.

"In no case can the forcible execution of decisions under "the circumstances above described take place without the "concurrence of the Consul or his deputy.

"The Imperial Government shall issue a law which shall "determine the rules of procedure to be observed by the "parties in the application of the foregoing arrangements.

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Foreign subjects, in whatever place, are authorized to "make themselves voluntarily amenable to the Council of "Ancients, or to the Courts of the Cazas, without the as"sistance of the Consul, in actions, the subject-matter of "which does not exceed the competence of those Councils

"or Courts, saving, however, the right of appeal to the "Court of the Sandjak, where the cause shall be heard and "decided with the assistance of the Consul or his delegate.

"The consent, however, of the foreign subject to submit "to the jurisdiction above described, without the assistance "of the Consul, must be given in writing, and previously "to any proceeding.

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"It is well understood that all these restrictions do not concern suits involving a question of real property, which "shall be carried on and decided under the conditions estab"lished by the law.

"The right of defence, and of publicity of hearing, are "secured in all matters to foreigners who shall appear before "the Ottoman Courts, as well as to Ottoman subjects.

"The preceding arrangements shall remain in force until "the revision of the ancient Treaties--a revision with regard "to which the Sublime Porte reserves to itself to come here"after to an agreement with friendly Powers."

CCCXXXVIIID. I conclude this subject with observing that the Treaties of Commerce and Navigation which are now practically in force between England and Turkey are the following (q) :—

1. The Capitulations of 1675 (except in so far as they have been subsequently modified).

2. The Turkish Act relating to the Black Sea, of October 30, 1799; and Note of July 23, 1802.

3. The Treaty of Commerce of January 5, 1809 (with the exception of Articles I., II., III., and VI.)

4. The Treaty of March 30, 1856, Articles XXII. and XXIII. relating to the Principalities.

5. The Convention of August 19, 1858, relating to the Principalities.

6. The Treaty of Commerce and Navigation of April 29, 1861; and the Tariff of December 7, 1861.

7. The Protocol, relating to real property of July 28, 1868.

(q) Hertslet, Treaties as to Turkey and Great Britain, p. 3.

It is stated in these Treaties and Agreements that British subjects trading with Turkey are placed upon the footing of the "most favoured nation." Many Treaties exist between Turkey and other Powers, containing clauses relating to the coasting trade, consular privileges, the right to dispose of property by will or otherwise, and other concessions not specially mentioned in the English Treaties; but under the "most favoured nation" clause contained in English Treaties, the benefits of these clauses and concessions are extended to British subjects. Practically, however, no differential treatment is accorded to British merchandise or shipping, with the exception of special favours granted to certain Steam Navigation Companies in consideration of their carrying the Turkish mails.

CCCXXXIX. An Order in Council also provides for the exercise of Civil and Criminal Jurisdiction over British subjects in the dominions of the Sultan of Zanzibar. An Order in Council was also issued March 9, 1865, and rules for the execution of it May 4, 1865, concerning British subjects in China and Japan.

A Supreme Court at Shanghai, and Provincial Courts, are established by it. Regulations are made for restraint of British subjects in the cases of war, insurrection, and rebellion (r).

Punishment is provided for levying war or taking part in any operation of war against the Emperor of China or the Tycoon of Japan. Penalties are enacted for the violation of Treaties with these Sovereigns, and punishment is provided for piracy (s). Jurisdiction was also conferred over offences committed by British subjects on board Chinese or Japanese vessels, on board British vessels, or on board vessels not entitled to hoist the flag of any State, within 100 miles of the coast of China (†).

() S. vi. Regs. 81, 82.
(8) S. x. Regs. 98, 99.

Japan.

(t) S. xii. Reg. 101.

The Mikado is now the supreme ruler of

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