Page:United States Statutes at Large Volume 18 Part 3.djvu/881

 PROGLAMATIONS. 851 of holding reel estate granted to foreigners by the luw promulgated ou the 7th of Sepher, 1284. (gztnuary 18, 1867,) have authorized: The President of the nited States of America, George H. Boker, Minister Resident of the United States of America. near the Sublime Porte, and _ · Imperial Majesty the Sultan, His Excellency A. Aariigi Pasha., his Minister of Foreign Affairs, to sign the Protocol which follows: , ‘ PROTOCOL. I’i·ot0col. The law granting foreigners the right of holding real estate does not Righta of im-· interfere with the immunities specified by the treaties, end which will °E8¤9”l¤O°*°m”” continue to protect the person and the movable property of foreigners };§‘f§‘Q$;“" t° °°'“ who may become owners of real estate. . ’ ` As the exercise of this right of possessing real property may induce foreigners to establish themselves in larger numbers in the Ottoman Empire, the Imperial government thinks it proper to anticipate and to prevent the diiiiculties to which the application of this law may give rise iiiucertein localities. Such is the object of the arrangements which o ow. The domicile of any person residing 'upon the Ottoman soil being inviolablo, and as no one can enter it without the consent of the owner, except by virtue of orders emanating {rom competent authority, and with the assistance of the magistrate or functiouary invested with the necessary powers, the residence of foreigners is invioluble on the same principle, in conformity with the treaties, and the agents of the public lorce cannot enter it without the assistance of the consul or of the delegate of the consul of the power on which the fozeignerdepends. By residence we understand the house of inhabitatiou and its dependencies: that is to say, the outhouses, courts, gardens, and neighboring enclosures, to the exclusion of all other parts of the property. In the localities distant by less tllunniue l1ours’ journey from the consular residence, the agents of the public force cannot enter the residence of a foreigner without the assistance of a. consul, as was before said. On his part the consul is bound to give his immediate assistance to the local authority, so as not to let six hours elapse between the moment which he may be informed and the moment of his departure, . or the departure of bis delegate, so that the action of the authorities may never be suspended more than twenty-tour hours. travel from the residence of the consular agent, the agents of the public force may, on the request of the local authority, and with the assistance of three members of the Council of the Elders of the Commune, enter into the residence of u. foreigner, without being assisted by the consular agent but only in case of urgency, and for the search and the proof of the crime of murder, of attempt at murder, of incendiarism, ofarmed r0b— bery either with infraction or by night in an inhabited house, of armed rebellion, and of the fabrication of counterfeit money; and this entry may be made whether the crime was committed by an foreigner or by un Ottoman subject, and whether it took place in the residence of si. foreigner or not in his residence, or in any other place. , These regulations are not applicable but to the parts of the read estate which constitute the residence, as it has been herctotoro defined. Beyond the residence, the action of the police shall be exercised freely and without reserve; but in case an person charged with crime or oftence should be arrested, and the accused shall be zi tbreigncr, the immunities attached to his person shrill be observed in respect to l1im._ The functionary or the officcr charged with the accomplishment of u. domiciliary visit, in tho exceptional circumstances determined before, and the members of the Council of Elders who shall assist him will be obliged to make out u. procéswcrbal of the domiciliary visit, end_to_conimuniceto it imnicdizitcly to the superior authority undeiewhose Jurisdic-
 * In the localities distant by nine hours or more than nine hours of