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PORTUGAL AND SPAIN,
Convention between Spain and Portugal, fixing the Civil Rights of the respective Citizens, and the attributions of the Consular Agents who are to protect them. Signed at Lisbon, February 21, 1870.
[Ratifications exchanged April 17, 1871.]
HIS Highness the Regent of the Spanish nation, by the will of the Sovereign Cortes, and His Majesty the King of Portugal and of the Algarves, wishing to fix fully and clearly the civil rights of the citizens of both nations and the attributions of the Consular Agents who are intended to protect them, have resolved, by common consent, to adjust a special Convention embracing both objects, and have appointed for that purpose as their Plenipotentiaries:
His Highness the Regent of Spain, D. Angel Fernandez de los Rios, Grand Cross of the Order of Isabel the Catholic, and of that of Our Lady of the Conception of Villaviçosa of Portugal, Envoy Extraordinary and Minister Plenipotentiary at the Court of His most Faithful Majesty;
And His Majesty the King of Portugal and of the Algarves, Councillor José da Silva Mendes Leal, Minister and Secretary of State for Foreign Affairs, Principal Librarian of the National Library of Lisbon, Grand Cross of the ancient, most noble, and illustrious Order of Santiago, for scientific, literary, and artistic merit, Knight of the Order of Our Lady of the Conception of Villaviçosa, Grand Cross of the Orders of St. Maurice and St. Lazarus of Italy, and of Charles III of Spain, Member of the Royal Academy of Sciences of Lisbon;
Who, after having exchanged their full powers, and found them in good and due form, have agreed upon the following Articles :
The subjects of the two countries shall be at liberty to travel and reside in the respective territories, the same as the natives; to establish themselves wherever they may consider it convenient for their interests; to acquire and possess all kinds of property, moveable and immoveable; to carry on any kind of business; to trade both by wholesale and retail; to hire such houses, shops, and warehouses as may be necessary for them; to dispatch merchandize and money, and to receive consignments, both from the interior and from abroad; paying the dues and charges, and observing in all these cases the conditions established by the laws and regulations in force for the natives.
They shall have the right of fixing, in all their purchases and sales, the prices of the goods, merchandize, and articles, whatever they may be, both imported and native, and whether they sell them for the interior, or intend them for exportation, submitting to the laws and regulations of the country. It shall be lawful for them to transact their business themselves, or to employ representatives duly authorized, whether in the purchase and sale of their property, effects, and merchandize, or in the loading, unloading, and clearance of their vessels.
Spaniards in Portugal and Portuguese in Spain shall reciprocally enjoy constant and complete protection for their persons, their property, and the exercise of the religion which they profess. Consequently, they shall have free and easy access to the tribunals of justice, to assert and defend their rights in all the grades of jurisdiction established by the laws; they shall be at liberty to employ, in all the instances, such advocates, attorneys, and agents of all kinds, as they may consider fitting, and they shall enjoy, in short, in this respect, the same rights and advantages as have been granted or shall be granted to the natives.
Appendix No. 43.
Appendix No. 43.
Portugal and Spain.
The subjects of either State who may wish to devote themselves to trade, or t establish themselves for any other purpose in the respective countries, must be provide with a ticket of matriculation showing their quality as Spaniards or Portuguese, which to be issued to them by the Diplomatic or Consular Agents of their country on presentati of the documents which prove their nationality. This ticket shall be viséed by th competent territorial authorities, and shall serve as evidence for the person who obtain it, to prove his nationality and his personal identity in the business which he may have t transact, whether with the Agents of his nation, or with the authorities of the country Without the presentation of the said ticket of matriculation the Spanish authorities wi not in any case allow the residence of Portuguese in Spain, nor the Portuguese authoritie that of Spaniards in Portugal,
Spaniards in Portugal and Portuguese in Spain shall be liable to payment of taxes both ordinary and extraordinary, on the landed property which they possess in th country of their residence, and on the profession or business in which they are engaged in conformity with the general laws and regulations of the respective States. They shall likewise be liable, the same as the subjects of the country, to the personal charge and services, and also to the payment of the municipal, civic, provincial, or departmental imposts on their moveable property, or upon their profession or business.
As for the rest, both Spaniards in Portugal and Portuguese in Spain shall be exemp from all war contributions, advances, loans, lendings, and every other extraordinary contribution of whatsoever kind that may be established in one of the two countries by reason of exceptional circumstances, unless they are imposed on landed property.
They shall also be exempt from all offices, municipal and local employments, and from all personal service in the Army and Navy, in the National Guard or Militia, as well as from the special requisitions or services of any kind for the Militia, provided that they present the certificate of their matriculation, issued by the respective Embassy, Legation, or Consulate. Nevertheless, Spaniards in Portugal and Portuguese in Spain who possess landed property, and have any commercial or industrial establishment, shall be subject in the same manner as the natives to the charge of military billeting.
The subjects of the two States may dispose, as suits them, by donation, sale, exchange, will, or in any other manner whatever, of the property which they possess in the respective territories, and may take away their capital entirely from the country. In like manner the subjects of one of the two States, who are heirs to property situated in the other, may succeed without impediment to such of the said property as belongs to them, even in intestacy; and the said heirs or legatees shall not have to pay other or higher succession duties than those which are paid in similar cases by the natives themselves.
The subjects of the two countries shall not be liable respectively to any embargo, nor shall they be detained with their vessels, crews, vehicles, and articles of commerce of any kind, for any military expedition nor for public service of any sort, without the grant of an indemnification previously agreed upon to those interested.
They shall, nevertheless, be liable to the baggage service, and shall have a right in this case to the remuneration officially fixed by the competent authority in each province or locality for the subjects of the country.
Each of the High Contracting Parties shall have the power of establishing ConsulsGeneral, Consuls, and Vice-Consuls, or Consular Agents, in the ports, cities, or towns of the other, reserving to themselves respectively the right of excepting any place that they may consider expedient. But such a reservation must not be applied in the case of any one of the High Contracting Parties, unless it is likewise applied in regard to all other Powers.
In order that the Consuls-General, Consuls, and Vice-Consuls may be admitted and recognised as such, they must present their patent of appointment, and in consideration thereof, the exequatur shall be issued to them free of expense, and with the previous formalities established in each country.
In virtue of the exequatur, the superior authority of the province, district, or department in which the said Agents are to reside, shall communicate the proper orders to the other authorities thereof, so that in all points comprised in the exequatur they may protect in the exercise of their official functions, and assume, and cause to be assumed to them the exemptions, prerogatives, immunities, and privileges which appertain to them by the present Convention.
The Consuls-General, Consuls, and Vice-Consuls who are subjects of the State which appoints them shall enjoy exemption from billeting, and from every public charge or service, whether of a municipal or any other character. They shall likewise be exempt from direct taxes, whether personal, mobiliary, or sumptuary, imposed by the State, or by the Municipalities.
But if the aforesaid Agents be traders, or be engaged in any business or possess landed property, they shall be considered as in the same position as the other subjects of the State to which they belong in regard to everything relating to charges and contributions in general.
The Consuls-General, Consuls, and Vice-Consuls shall not be obliged to appear as witnesses before the Tribunals of the country in which they reside. But they must not refuse their declarations when the judicial authority proceeds to their residence to receive them by word of mouth, or asks for them by writing, or sends a competent functionary in Portugal, or a public notary in Spain, to receive them.
In each of these cases they shall be bound to comply with the wishes of the authority, in the period, on the day, and at the hour appointed by him, without interposing unnecessary delays.
The Consuls-General, Consuls, and Vice-Consuls shall enjoy personal immunity, except for acts and deeds which the penal legislation of each of the two countries characterizes as crimes and punishes as such; but if the said Agents be subjects of the country in which they reside, the personal immunity cannot include the trading transactions of themselves or their Agents.
The Consuls-General, Consuls, and Vice-Consuls may place over the outer door of the Consulate or Vice-Consulate the shield of their national arms, with this inscription :Consulate or Vice-Consulate of
They may, likewise, hoist the flag of their country on the Consular house on days of public solemnity, religious or national, as well as on the other customary occasions; but the exercise of this double privilege shall cease when the said Agents reside in the capital where there is the Embassy or Legation of their country.
They shall, likewise, have the right of raising the respective national flag in the boat which takes them about the port to discharge the functions of their office.
The Consular archives shall be at all times inviolable, and the territorial authorities cannot, under any pretext, examine or sequestrate the papers belonging thereto, which must always be completely separated from the books and papers relative to the trade or calling in which the respective Consuls or Vice-Consuls may be engaged.
In cases of impediment, of the absence or death of the Consuls-General, Consuls, or Vice-Consuls, the Consular Attachés, Chancellors, and Secretaries, who have been previously presented as such to the respective authorities, shall be admitted of full right,
Appendix No. 43.
Appendix No. 43. according to their official grade, to undertake, ad interim, the Consular functions, without
Portugal and Spain.
any impediment on the part of the local authorities. On the contrary, the said authorities must afford them assistance and protection, and secure to them, during the interim, all the exemptions, prerogatives, immunities, and privileges stipulated in the present Convention in favour of the respective Consular Agents.
The Consuls-General and Consuls can appoint Vice-Consuls or Consular Agents in the cities, ports, and towns, of their respective districts, subject always to the approval of the territorial Government.
The beggars and vagabonds, so declared in accordance with the laws of each country, who may be detained at the request of the respective Consular Agents, or by order of the territorial authorities, to be expelled the country, shall remain at the disposal of the said Agents, who must provide for their maintenance until they have adopted the necessary measures to send them back to their country, the aforesaid territorial authorities having to render them the aid which they require for the purpose.
The Consuls-General, Consuls, Vice-Consuls, or Consular Agents may address the authorities of their district to remonstrate against any infraction of the Treaties or Conventions existing between the two countries, and against any abuse of which their fellowcountrymen complain. If their remonstrances should not be attended to by the authorities of the Consular district, or if the decision of those authorities should not appear satisfactory, the Consular Agents may have recourse, if there be no Diplomatic Agent of their country, to the Governmert of the State in which they reside.
The Consuls-General, Consuls, Vice-Consuls, or Consular Agents of the two countries, or their Chancellors, shall have the right of receiving in their chanceries, at the residence of the parties and on board the vessels of their nation, the declarations which the captains, crews, and passengers, tradesmen, and any other subjects of their country, may have to make.
They shall likewise be empowered to authorize as notaries the testamentary dispositions of their countrymen, and all other acts appertaining to voluntary jurisdiction, even when the purpose of these acts is the constitution of mortgages.
The said Agents shall have besides the right of authorizing in their respective chanceries all contracts which involve personal obligations between one or more of their countrymen and other persons of the country in which they reside, as also all those which, though of exclusive interest for the natives of the territory in which they are concluded, refer to property situated or to business to be transacted in any part of the nation to which the Consul or Vice-Consul belongs before whom the said acts are executed.
The attestations or certifications of these Agents, duly legalized by the said Agents, and sealed with the official seal of their Consulates or Vice-Consulates, shall be valid in Courts of Justice and elsewhere, both in the States of Spain and of Portugal, and they shall have the same force and effect as if they had been performed before a notary or other public officers of either country, provided that these acts be drawn up in the form required by the laws of the State to which the Consuls or Vice-Consuls belong, and be afterwards sealed, registered, or passed through any other formalities observed in the country in which the Act is to be put in execution.
If there be any doubt as to the authenticity of a public document, drawn up in the Chancery of one of the respective Consulates, the comparison thereof with the original must not be refused on the petition of an interested party, who may be present when it is done if he consider it expedient.
The Consuls-General, Consuls, and Vice Consuls, or Consular Agents may translate and legalise all kinds of documents emananating from the authorities or functionaries of their country, and these translations shall have, in the country where they reside, the same force and validity as if they had been made by the sworn interpreters of the territory.