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." 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.

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"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 (t).

(r) 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

This jurisdiction has since been extended and exists now in virtue of the sixth section of 41 & 42 Vict. c. 67 (the Foreign Jurisdiction Act, 1878), which empowers the Queen in Council" from time to time, by Order, to make for the "government of her Majesty's subjects, being in any vessel "at a distance of not more than 100 miles from the coast of "China or of Japan, any law that to her Majesty in Coun"cil may seem meet, as fully and effectually as any such "law might be made by her Majesty in Council for the "government of her Majesty's subjects being in China or "in Japan."

The fifth section of the Act last mentioned somewhat enlarges the scope of this kind of legislation by applying it to countries where there is no regular government. enacts that

It

"In any country or place out of her Majesty's dominions "in or to which any of her Majesty's subjects are for the "time being resident or resorting, and which is not subject "to any government from whom her Majesty might obtain "power and jurisdiction by treaty, or any of the other "means mentioned in the Foreign Jurisdiction Act, 1843, "her Majesty shall, by virtue of this Act, have power “and jurisdiction over her Majesty's subjects for the time being resident in or resorting to that country or place, "and the same shall be deemed power and jurisdiction had "by her Majesty therein within the Foreign Jurisdiction "Act, 1843."

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CCCXL. The general question of Consular Jurisdiction will be discussed in the second volume (Part VII.) of this work, under the title CONSULS (u).

CCCXLI. The Second class of recognized exceptions, which entitle foreigners who are the subjects of them to be considered as morally without, though physically within,

(u) It would seem that the English occupation of Cyprus, already adverted to (supra, p. 129), is likely to give rise to difficulties in the relations of Foreign Consuls with the Porte. They naturally decline to take out an English exequatur.

the territorial limits, relate to foreign Sovereigns passing through or temporarily residing in the territory of another State: they are held not to be amenable to the jurisdiction, civil or criminal, of its tribunals. They represent the nation of which they are sovereigns, and being permitted to enter a foreign State are entitled, by International Law, to be considered, both as to their own person and effects, and as to those of their attendants, as being still within their own dominions (x).

Thirdly. The same immunity is applicable to the Ambassador or duly accredited Public Minister of a foreign State, as will be considered more at length in a later part of this work.

Fourthly. If a foreign army be permitted to pass through, or be stationed in, the territories of another State, the persons composing that army, or being within its lines, are entitled to exterritorial privileges.

Fifthly. All ships, public or private, upon the high seas, are subject only to the jurisdiction of the country to which they belong (y). This last subject requires a fuller discussion.

CCCXLII. The nature and extent of these exterritorial privileges will be discussed at length hereafter; it is enough, therefore, to have given a brief summary of them in this place. Those entitled to such privileges retain the domicil of their own country, with all the incidental rights affecting

(x) Vide post, vol. ii. part vi.

(y) Wheaton, Elém. i. 119, citing Casaregis Discurs. pp. 136-174, "Exceptis tamen ducibus et generalibus alicujus exercitus, vel classis maritimi, vel ductoribus alicujus navis militaris, nam isti in suos milites, gentem et naves, libere jurisdictionem sive voluntariam, sive contentiosam, sive civilem, sive criminalem, quod occupant tanquam in suo proprio exercere possunt." See the case of the Cagliari, Dana's Wheaton, 688-9. Ann. Reg. 1858, pp. 63–181.

As to yachts, or bâtiments de plaisance, see a form of International "declaration" as to their exemption from payment of duties, Martens, cont. par Samwer, t. xvii. 258.