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VI. The Governments of both Republics bind themselves that the rights of asylum shall not be converted to the prejudice of either of them; nor to permit emigrants and discontented political individuals, who may be in the territory of either, to perturb the peace and security of the Republic from which they come, or to plot against it.
It is equally stipulated, that whenever there shall be a suspicious immigration from one of the two Republics to the other, or there shall be news of works or machinations of the malcontents against either of the Contracting Governments, the one interested shall inform the other in order that due opportunity may be afforded for taking the necessary measures.
VII. Commerce by sea or along the land frontiers, of natural products and articles manufactured in Guatemala or Honduras shall be free of all duty between the two Republics, and shall not be subjected to local or municipal taxes on their entry.
To this end the political authority of the Department from which the product or manufactured article comes, shall certify to the origin of the article, and the respective Consular Agent shall vise the invoice, taking care both at the custom-house at the place of shipment and in that of the land frontier, that the corresponding Administrator shall give evidence that the product is natural to Guatemala or Honduras, and of legitimate origin.
Notwithstanding that which is stipulated in the preceding paragraph, the Governments of the two High Contracting Parties, shall, by mutual accord, order all such steps to be taken as shall lead to the prevention of fraud which might be committed under the protection of the free rights stipulated for in this Article.
VIII. The following shall not enjoy the exemptions conceded in the preceding Article:
1. Natural or manufactured products now monopolized, or which may be in future monopolized for the benefit of the State of either of the Contracting Republics; and
2. Articles of illicit commerce; and in general all such as both Governments agree in excepting.
Nor shall the manufacture of liquors, or of other monopolized articles, be permitted at a distance less than 4 leagues from the respective frontier.
Those who in any way defraud, or attempt to defraud, the public revenues of either of the Contracting States, under the protection of the dispositions of this Agreement, shall be prosecuted and sentenced according to the respective fiscal law.
IX. The High Contracting Powers also agree to put an end to the commercial frontiers between Guatemala and Honduras, so that the foreign merchandize which would have paid fiscal dues in either of the two countries may pass without being under the necessity of paying a new tax; but for this there must be first adopted a common tariff of valuation to be settled by Commissioners of both Governments in the place and at
the date they may appoint, as they may think convenient, and to dictate besides the regulations which may be considered adequate for the case.
X. The carriage (or freight) of the correspondence between the two States shall be the same as that fixed for the internal correspondence of each without anything being exacted as freight (or carriage) on the correspondence which, duly stamped, shall proceed from either of the Republics. The carriage of telegrams between Guatemala and Honduras shall not exceed the rates fixed by the tariff of each Republic for inland telegrams.
XI. As the Contracting Republics should not consider each other as foreign nations it is declared, that Guatemalaps in Honduras, and Houduraneans in Guatemala bave the same political and civil rights as those enjoyed by the natives of the respective country; they shall be considered as naturalized citizens in the place of their residence, so long as they unite the conditions called for by the respective Constitutions, and declare before the corresponding Departmental authority their desire to be Guatemalan or Honduranean citizens; they shall be able to exercise their professions or callings without anything being required beyond evidence as to the identity of the person, the authenticity of their titles and diplomas, and the corresponding permit of the Government, and, in general, such requirements as may be exacted of the natives; they must, moreover, subject themselves in everything to the laws of the country in which they reside. It is also declared, that the Guatemalan exercising political rights or fulfilling public offices in Honduras, or the Honduranean who shall exercise them or fulfil them in Guatemala shall be subject to all the charges and services by which the natives are bound, according to their own laws.
XII. The documents, academic titles, professional diplomas, and public deeds of any nature wbatsoever made out and executed in conformity with the laws of either Republic, shall hold good in the respective country in which the interested party presents them in order that they may take effect, and all respect shall be paid to them if duly legalized.
The Tribunals shall give the necessary letters of request, and take other judicial steps, whenever proper application is made for the same, by the legitimate authority forwarded in due form. With this object correspondence is admitted between the judicial authorities of the Coutracting Republics for the execution of requisitions in civil, commercial. or criminal matters, concerning citations, interrogations, the receipt of declarations, the decision of assessors, and other acts of procedure.
XIII. The sentences in civil and commercial matters proceeding from personal action, duly legalized and pronounced by the Tribunals of one of the Parties shall have for requirements of similar Tribunals in the territory of the other Party, equal force with those pronounced by the local Tribunals, and shall be carried out in the same manner.
In order that said sentences may be carried out, they must be first declared executed by the corresponding Superior Tribunal of the Republic in which the execution is to take place, and this Tribunal shall not declare them such without first making it appear summarily
1. That the sentence has been pronounced by the competent judicial authority, and with legal citation of the parties;
2. That the parties have been legally represented or declared legally contumacious; and
3. That the sentence does not contain dispositions contrary to public order or the public rights of the State.
XIV. The Ministers, Chargés d'Affaires, and Consular Agents of Guatemala in foreign countries shall protect Honduraneans, and the Diplomatic and Consular Agents of Honduras shall protect and extend the same consideration to Guatemalans in foreign countries.
XV. The individuals of either of the Contracting Republics who reside in the territory of the other shall have, in conformity with that which is stipulated with regard to equal and full enjoyment of civil rights, full liberty to acquire, possess by purchase, sale, gift, exchange, marriage, inheritance, or any other legitimate title, every class of property, and to dispose of same, as is done in conformity with the laws by the individuals of the respective country.
The heirs or their representatives may succeed by right to property and take possession of it either themselves or by means of agents, who may act in their name, in conformity with the laws and in the same way as the natives of the country in which they are making their claims.
In the absence of the heir or of his representatives, the property shall be treated in the same way as if it was that of a citizen or native of the country.
XVI. In none of the cases referred to in the former Article shall the citizens of the Contracting Republics pay in the territory of the other upon the value of the property they may acquire, possess, or dispose of, higher dues, taxes, or charges than those paid by the natives of the country; and the Guatemalans in Honduras, and Honduraneans in Guatemala, may export freely from the territory their property, or the value or products thereof, without having to pay for the exportation higher dues than those paid by natives of the country.
XVII. The Guatemalans in Honduras and Honduraneans in Guatemala shall be exempt from obligatory military service whether by sea or land, and from all forced loans, military requisitions, or exactions. They shall not be obliged for any cause nor for any pretext to pay higher taxes, ordinary or extraordinary, than those paid by the natives of the country.
XVIII. There shall be between the two Governments a complete and regular exchange of all kinds of official publications, as well as of scientific and literary publications printed in the respective territories by private individuals; and to this and every editor and owner of printing presses shall be obliged to supply the respective Foreign Offices, immediately after the publication has issued, two copies for exchange. In order that they may be duly preserved and easily consulted, each Government shall deposit a copy of those publications in the Public Library he may think best. • XIX. The High Contracting Powers agree in organizing as early as possible a Mixed Commission, which shall meet in Tegucigalpa or Guatemala, or where they may think fit, with the object of framing projects to make uniform the laws of both Republics relative to moneys, weights and measures, professional studies, Diplomatic and Consular Regulations, of public instruction, as also penal, process, civil and mercantile Codes. These projects, if they are approved by the Governments, shall be presented to the Legislative Assemblies for constitutional effect.
XX. The said Contracting Governments desirous of working in harmony in all that may affect the general interests of both countries, besides endeavouring to make their external policy uniform, and to have a common representation before other nations, will endeavour to come to an agreement as to the bases upon which later Treaties with foreign nations shall be made, and concessions granted to steam-ships, railroads, &c.
XXI. The Contracting Governments agree to receive in their respective territories the Commissioners or Diplomatic and Consular Agents they may think fit to accredit, and receive them and treat them in conformity with international principles and practices as generally accepted. But both Governments reserve to themselves the right to refuse the ,exequatur to Consuls as also to withdraw it after it has been issued, although in one and the other case they shall express the reasons which cause them to act in such a manner.
XXII. Consuls shall enjoy all the privileges and exemptions which public right may concede to them as commercial agents, and, moreover, may address themselves to the local authorities, and, if necessary, to the Supreme Government through the Diplomatic Agent of their nation, 1f there should be any, or directly if there be none, in order to appeal against any abuse or infraction of the existing Treaties which may be committed by the employés or authorities of the country, to the prejudice of individuals of the nations represented by the Consuls. They may also support their compatriots before the authorities of the country in the actions they may take for abusive acts committed by any official, and assume in those cases the representation necessary for the interests of their compatriots.
XXIII. In case of any citizen of the nation of the Consul dying without trustee or heir in the territory of the Republic, it shall be the duty of the Consul to act as representative in all proceedings to secure the property in conformity with the laws of the Republic in which he may reside. He may affix his seal against those placed by the local authority, and shall present himself at the day and hour appointed for their removal. The absence of the Consul at the day and hour fixed shall not, however, cause the suspension of the proceedings of the local authority.
of the country property) sithich have to be consul and sea in
ets shall Consul serveese acts duly. ll be testimon are to be een made out
XXIV, The Consuls may receive in their offices, at the residence of the parties, or on board the ships of their nations, the declarations and other data which the captains, crews, Passengers, merchants, or citizens of their nation may wish to make, including all notarial acts. They shall also have the right to receive in their offices any other conventional act between one or more of their compatriots and other persons of the country of their residence, as also all the conventional acts concerning exclusively the citizens of the country in wbich they may reside, so long as these acts shall refer to estate (property) situate in the territory of the nation which the Consul serves, or matters which have to be carried out therein.
The copies of these acts duly legalized by the Consul and sealed with the seal of the Consulate shall be testimony both in the State in which they are given and in that in which they are to be executed, and sball have the same force and validity as if they had been made out before a notary or other public functionary of one or other country so long as such acts are drawn up in the form called for by the laws of the State to which the Consul belongs, and have been submitted to the stamp, registration, and other formalities of the country in which the record is to be executed.
XXV. The Consuls of either of the Contracting Republics shall have in the other, as regards navigation and commerce, the same faculties as the Consuls of the most favoured nation have in the Republic in which they exercise their functions.
XXVI. In case of the death of a Consul, of his absence or any other impediment for the exercise of his functions and for want of a ViceConsul to act temporarily, the Chancelliers or Secretaries shall exercise Consular functions in a provisional manner, with the character of ViceConsuls.
XXVII. The natives of either of the Contracting Republics residing in the other, cannot use in defence of their rights and interests, nor in their claims or complaints against the nation or private individuals, other resources than those given to natives by the laws of the country; and must conform to the definite resolution of the Tribunals, without their beivg in any case allowed an appeal to diplomatic assistance.
XXVIII. It is agreed that the Contracting Governments shall not be responsible for damages and injuries that Guatemalans and Honduraneans respectively may suffer in their persons or property in consequence of factions, revolutions, and political disturbances, but can only be responsible for those caused by agents or authorities of the Government in the terms established by the respective laws, and on the condition that even then such claims shall be attended to and settled, for Guatemalans and Honduraneans respectively, in conformity with that which, in the corresponding Republic, the law may decide for the claims of the natives of the country in respect of similar damages and injuries, so that the individuals of one of the Contracting Powers shall in no case be in a better position than natives of the other,