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between masters and mariners, the composing thereof shall be left to the Consul of the Appendix No.122. Nation, but after such manner as he who shall not submit to the arbitrement; may appeal to the ordinary Justice of the place where he is subject.

ARTICLE XXVII.

That the Consul which hereafter shall reside in any of the dominions of the King of Spain, for the help and protection of the subjects of the King of Great Britain, shall be named by the King of Great Britain, and he so named shall have and exercise the same power and authority in the execution of his charge, as any other Consul hath formerly had in the dominions of the said King of Spain; and in like manner the Spanish Consul residing in England, shall enjoy as much authority as the Consuls of any other nation have hitherto enjoyed in that kingdom.

ARTICLE XXXIV.

That the goods and estates of the subjects of the King of Great Britain, that shall die without making a will in the dominions of the King of Spain, shall be put into inventory, with their papers, writings, and books of account, by the Consul or other public minister of the King of Great Britain, and deposited in the hands of two or three merchants, that shall be named by the said Consul or public minister, to be kept for the proprietors and creditors; and neither the Crusada, or any other judicatory whatsoever, shall intermeddle therein; which also in the like case shall be observed in England towards the subjects of the King of Spain.

Spain.

SPAIN.-November 4, 1845.--Correspondence with Captain-General of Cuba.

(Translation.)

Whereas, differences having arisen respecting the correspondence on certain subjects, between Her Majesty's Consul-General in Cuba and the Captain-General of the Havana, it is desirable to settle such differences in a manner that may be in conformity with diplomatic usage, and may prevent any inconvenience that might otherwise occur; and whereas the British Consul, though he enjoys the full power of requiring due protection for British subjects, and a just attention to all rights affecting their commercial interests, cannot assume in his communications with the Captain-General of the island of Cuba, the character of the Representative of Her Britannic Majesty at Madrid; to whom belongs, according to diplomatic forms, to communicate with Her Catholic Majesty's Minister for Foreign Affairs respecting the general fulfilment of the treaties between the two nations; it has been agreed by the undersigned, Don Francisco Martinez de la Rosa, &c., and the Right Honourable Henry Lytton Bulwer, &c.

1st. That Her Majesty's Consul-General besides reporting to his Government every act or circumstance which he may think contrary to the stipulations which bind England and Spain, will, when he thinks proper, bring the same at once under the notice of the Captain-General of the Island of Cuba, so that this authority being acquainted with the case, shall, in the event of the Consul-General's opinion being correct, adopt the fitting measures respecting it.

And 2ndly. That the Consul-General, using the courteous and decorous tone which is proper in such communications, the Captain-General shall reply to the same, either himself or through his secretary, with the courtesy and consideration which are due to the functionary of a friendly and allied nation.

FRANCISCO MARTINEZ DE LA ROSA.
HENRY LYTTON BULWER.

Appendix No. 123.

Spain.

SWITZERLAND.-September 6, 1855.

ARTICLE VII.

It shall be free for each of the two Contracting Parties to appoint Consuls to reside in the territories of the other Party; but before any Consul shall act as such, he shall,

Appendix No. 124.
Switzerland.

Appendix No. 124. in the usual form, be approved and admitted by the Government to which he is sent; and either of the Contracting Parties may except from the residence of Consuls such particular places as either of them may judge fit to be excepted.

Switzerland.

The Consuls of each of the Contracting Parties in the dominions of the other shall enjoy whatever privileges, exemptions, and immunities are, or shall be, granted there to Consuls of the most favoured nation.

Appendix No. 125.
Tripoli.

Appendix No.126.
Tripoli.

TRIPOLI.-October 18, 1662.

[Renewed by Treaties of July 19, 1716, and May 10, 1812.]

ARTICLE V.

That any merchant of the subjects of the King of Great Britain, &c., dying in Tripoli or its territories, his goods or monies shall not be seized by the Bassa, Aga, or any other Minister, but remain with the English Consul.

ARTICLE VII.

That the Consul, or any other subject of the King of Great Britain, &c., in matter of difference, shall not be liable to any other judgment but that of the Dey.

ARTICLE VIII.

That the subjects of His said Majesty, in difference among themselves, shall be subject to no determination but that of the Consul.

ARTICLE IX.

That the Consul, or any other of the subjects of His said Majesty, be not liable to pay the debts of any subject of His said Majesty, unless obliged under his hand for the same.

ARTICLE X.

That in case any of His said Majesty's subjects shall happen to strike a Turk or a Moor, if he be taken, let him be punished; but if he escape, nothing shall be said to the English Consul, or any other of His said Majesty's subjects upon that account.

ARTICLE XI.

That in case any slave in the Kingdom of Tripoli, of any nation whatsoever, shall make his escape, and get on board any ship belonging to His said Majesty, the Consul shall not be liable to pay his ransom, unless timely notice hath been given him to give order that no such be entertained; and then if it appear that any slave hath so gotten away, the said Consul is to pay the patron the price for which he was sold in the market; and if no price be cut, then to pay 300 dollars, and no more.

ARTICLE XIII.

That the English Consul, that lives in Tripoli, be allowed a place to pray in, and no man to do him, or any of His said Majesty's subjects, any wrong or injury, in word or deed, whatsoever.

TRIPOLI.-March 5, 1675-6.

[Renewed by Treaties of July 19, 1716, and May 10, 1812.]

ARTICLE IV.

That the Tripoli ships of war, or other vessels thereunto belonging, meeting with any merchants' ships or other vessels of the King of Great Britain's subjects, not being in any of the seas appertaining to His Majesty's dominions, may send on board one single boat

Tripoli.

with but two sitters, besides the ordinary crew of rowers, and no more but the two sitters to Appendix No.126. enter any of the said merchants' ships, or any other vessels, without the express leave from the commander of every such ship or vessel; and then upon producing unto them a pass under the hand and seal of the Lord High Admiral of England, the said boat shall presently depart, and the merchants' ship or ships, vessel or vessels, shall proceed freely on her or their voyage. And although the commander or commanders of the said merchants' ship or ships, vessel or vessels, produce no pass from the Lord High Admiral of England, yet if the major part of the said ships' or vessels' company be subjects to the said King of Great Britain, the said boat shall presently depart, and the merchants' ship or ships, vessel or vessels, shall proceed freely on her or their voyage; and if any of the said ships of war or other vessels of His said Majesty, meeting with any ship or ships, vessel or vessels, belonging to Tripoli, if the commander or commanders of any such ship or ships, vessel or vessels, shall produce a pass firmed by the Chief Governors of Tripoli, and a certificate from the English Consul living there, or if they have no such pass or certificate, yet if the major part of their ship's company or companies be Turks, Moors, or slaves, belonging to Tripoli, then the said Tripoli ship or ships, vessel or vessels, shall proceed freely.

ARTICLE XI.

That when any of His Majesty's ships of war shall appear before Tripoli, upon notice thereof given to the English Consul, or by the commander of the said ships, to the Chief Governors of Tripoli, public proclamation shall be immediately made to secure the Christian captives; and if after that any Christians whatsoever make their escape on board any of the said ships of war, they shall not be required back again, nor shall the said Consul or Commander, or any other His said Majesty's subjects, be obliged to pay anything for the said Christians.

ARTICLE XII.

That if any subjects of the said King of Great Britain happen to die in Tripoli or its territories, his goods or monies shall not be seized by the Governor or any Minister of Tripoli, but shall all remain with the English Consul.

ARTICLE XIII.

That neither the English Consul, nor any other subject of the said King of Great Britain, shall be bound to pay the debts of any other of His Majesty's subjects, except that they become surety for the same by a public act.

ARTICLE XIV.

That the subjects of His said Majesty in Tripoli, or its territories, in matters of controversy, shall be liable to no other jurisdiction but that of the Dey or Divan, except they happen to be at difference between themselves, in which case they shall be liable to no other determination but that of the Consul only.

ARTICLE XV.

That in case any subject of His Majesty, being in any part of the kingdom of Tripoli, happen to strike, wound, or kill a Turk or a Moor, if he be taken, he is to be punished in the same manner and with no greater severity than a Turk ought to be, being guilty of the same offence; but if he escape, neither the said English Consul, nor any other of His said Majesty's subjects, shall be in any sort questioned or troubled therefore.

ARTICLE XVI.

That the English Consul now, or at any time hereafter, living in Tripoli, shall be there at all times with entire freedom and safety of his person and estate, and shall be permitted to choose his own druggerman and broker, and freely to go on board any ship in the road as often and when he pleases, and to have the liberty of the country; and that he shall be allowed a place to pray in, and that no man shall do him any injury in word or deed.

ARTICLE XVII.

That not only during the continuance of this peace and friendship, but likewise if any breach or war happen to be hereafter between the said King of Great Britain and

Appendix No.126. the City and Kingdom of Tripoli, the said Consul, and all other His said Majesty's subjects inhabiting in the City and Kingdom of Tripoli, shall always and at all times, both of Tripoli. peace and war, have full and absolute liberty to depart, and go to their own or any other country, upon any ship or vessel of what nation soever they shall think fit, and to carry with them all their estates, goods, families, and servants, although born in the country, without any interruption or hindrance.

ARTICLE XXI.

That at all times when any ship of war of the King of Great Britain, &c., carrying His said Majesty's flag at the maintopmast head, appear before the said city of Tripoli, and come to anchor in the road, that immediately after notice thereof given by His said Majesty's Consul or officer from the ship unto the Dey and Government of Tripoli, they shall, in honour to His Majesty, cause a salute of twenty-one cannon to be shot off from the castles and forts of the city, and that the said ship shall return an answer by shooting off the same number of cannon.

Appendix No. 127.
Tripoli.

TRIPOLI.-May 1, 1676.

[Renewed by Treaties of July 19, 1716, and May 10, 1812.]

It is agreed that the Most Serene King of Great Britain's Consul residing in Tripoli aforesaid shall have liberty at all times when he pleaseth to put up His said Serene Majesty's flag on the flagstaff on the top of his house, and there to continue it spread as long time as he pleaseth. Likewise, the said Consul to have the same liberty of putting up and spreading the said flag in his boat when he passeth on the water, and no man whatsoever to oppose, molest, disturb, or injure him therein either by word or deed.

Appendix No. 128.
Tripoli.

TRIPOLI.-October 11, 1694.

[Renewed by Treaties of July 19, 1716, and May 10, 1812.]

ARTICLE II.

That the French Consul shall not be permitted to make his visit to the Dey on the Turkish solemn festivals or other public occasions, until the Consul of His Majesty of Great Britain shall first have performed his; this priority of reception being allowed to the said Consul in regard to His Majesty of Great Britain, who was the first Christian monarch that ever made a peace with that Government.

ARTICLE IV.

That whereas in all the ports of the Grand Signior's dominions the French assume a power to protect all Christian merchants, strangers not having a Consul of their own nation in such ports, all persons coming to the port at Tripoli shall be at liberty to put themseles under the protection of the English as well as the French Consul as they themselves shall think fit.

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That the Tripoli ships of war, or any other vessels thereunto belonging, meeting with any merchant ships or other vessels of the King of Great Britain's subjects (not

Tripoli.

being in any of the seas appertaining to His Majesty's dominions), may send on board Appendix No.129. one single boat, with two sitters besides the ordinary crew of rowers; and no more but the two sitters to enter any of the said merchant ships, or any other vessels, without the express leave of the commander of every such ship or vessel; and then, upon producing to them a pass under the hand and seal of the Lord High Admiral of England, the said boat shall presently depart, and the merchant ship or ships, vessel or vessels, shall proceed freely on her or their voyage And although the commander or commanders of the said merchant ship or ships, vessel or vessels, produce no pass from the Lord High Admiral of England, yet if the major part of the said ship's or vessel's company be subjects to the said King of Great Britain, the said boat shall presently depart, and the merchant ship or ships, vessel or vessels, shall proceed freely on her or their voyage; and if any of the said ships of war, or other vessels of his said Majesty, meeting with any ship or ships, vessel or vessels, belonging to Tripoli, if the commander or commanders of any such ship or ships, vessel or vessels, shall produce a pass firmed by the Chief Governors of Tripoli, and a certificate from the English Consul living there; or if they have no such pass or certificate, yet if the major part of their ship's company or companies be Turks, Moors, or slaves belonging to Tripoli, then the said Tripoli ship or ships, vessel or vessels, shall proceed freely.

ARTICLE IX.

That if any subject of the said King of Great Britain happens to die in Tripoli, or its territories, his goods or money shall not be seized by the Governors, or any Ministers of Tripoli, but shall all remain with the English Consul.

ARTICLE X.

That neither the English Consul, nor any other subject of the said King of Great Britain, shall be bound to pay the debts of any other of His Majesty's subjects, except that they become surety for the same by a public act.

ARTICLE XI.

That the subjects of his said Majesty in Tripoli, or its territories, in matter of controversy, shall be liable to no other jurisdiction but that of the Dey, or Divan, except they happen to be at difference between themselves, in which case they shall be liable to no other determination but that of the Consul only.

ARTICLE XII.

That in case any subject of His Majesty, beingi n any part of the Kingdom of Tripoli, happen to strike, kill, or wound a Turk or Moor; if he be taken, he is to be punished in the same manner, and with no greater severity, than a Turk ought to be, being guilty of the same offence; but if he escape, neither the said English Consul, nor any other of His said Majesty's subjects, shall be in any sort questioned or troubled therefore.

ARTICLE XIII.

That the English Consul now, or at any time hereafter, living in Tripoli, shall be there at all times with entire freedom and safety of his person and estate, and shall be permitted to choose his own Druggerman and Broker, and freely to go on board any ship in the road as often and when he pleases, and to have the liberty of the country; and that he shall be allowed a place to pray in, and that no man shall do him any injury in word or deed.

ARTICLE XIV.

That not only during the continuance of this peace and friendship, but likewise if any breach or war happen to be hereafter between the said King of Great Britain and the City and Kingdom of Tripoli, the said Consul, and all other His Majesty's subjects inhabiting in the Kingdom of Tripoli, shall always, and at all times, both of peace and war, have full and absolute liberty to depart and go to their own country, or any other, upon any ship or vessel of what nation soever they shall think fit, and to carry with them all their estates, goods, families, and servants, although born in the country, without any interruption or hindrance. 3 C

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